The Preston Meadow North (Phase 1) Homeowners Association (PMNHOA) is a voluntary association committed to maintaining and ultimately increasing our property values. The number one priority is maintaining and enhancing the common property in the subdivision. The association relies on periodic communication to its membership through newsletters and an annual directory. The PMNHOA recognizes the importance of creating a sense of community and does such by welcoming new neighbors and hosting neighborhood events throughout the year.
Leadership Structure
Administrative
- President
- Vice President
- Treasurer
- Secretary
Communications Committee
- Directory
- Newsletter
- Crime Watch
Maintenance Committee
- Lawn Care
- Utilities
Membership Committee
- New Member Welcome
Bylaws
The undersigned, being the initial Directors of Preston Meadow North Phase I Homeowners Association (the “Association”), an association established pursuant to the Texas Uniform Unincorporated Nonprofit Association Act, do hereby adopt the following as the Bylaws of the Association:
ARTICLE I – MEMBERSHIP
Eligibility
1.01 Every owner of a lot in Preston Meadow North Phase I, a subdivision in Plano, Collin County, Texas (the “Subdivision”), and tenants of a residence in the Subdivision (either, an “Eligible Party”) shall be eligible to be a Member of the Association. Upon the sale of a lot in the Subdivision by an owner or the move from such residence in the Subdivision by a tenant, said eligibility shall automatically terminate.
Membership
1.02 Any Eligible Party may become a Member of the Association (“Member”) upon payment of appropriate dues for the applicable period of time. For example, if the Board of Directors establishes yearly dues, then such Eligible Party may become a Member upon payment of said yearly dues, and such membership shall be effective only for the year to which such dues relate; provided, upon the sale of a lot in the Subdivision or the move from a residence by a tenant, such owner’s/tenant’s membership shall automatically terminate. If ownership of such a lot is shared by more than one (1) person, then all such owners shall, upon payment of the requisite dues, be deemed one (1) Member. If two (2) or more people share the tenancy of a residence, but do not own same, then all such tenants shall, upon payment of the requisite dues, be deemed one (1) Member.
Suspension/Reinstatement
1.03 The Board of Directors, by affirmative vote of three-fourths (3/4) of all of the members of the Board, may suspend for cause the membership privileges of a Member after an appropriate hearing, provided such Member has violated these Bylaws, the Declaration of Covenants, Conditions and Restrictions recorded at Volume 3789, Page 411, Real Property Records, Collin County, Texas, as amended by the First Amendment to Declaration of Covenants, Conditions and Restrictions recorded at Volume 3801, Page 133, Real Property Records, Collin County, Texas (as so amended, the “Declaration”), any rules promulgated by the Association, or any ordinance, law, rule or regulation governing the Subdivision or any resident thereof. Upon written request, signed by a Member whose membership privileges are suspended, filed with the Secretary and upon full payment of all unpaid dues, the Board of Directors may, by the affirmative vote of three-fourths (3/4) of the members of the Board, reinstate such former Member to full membership privileges on such terms as the Board of Directors may deem appropriate.
Transfer of Membership
1.04 Membership in this Association is not transferable or assignable.
Voting
1.05 Each Member shall have one (1) vote. Members shall elect Directors by plurality vote. Cumulative voting shall not be permitted. In case of a tie in voting for Directors, a run-off vote shall be held. If there is still a tie, the current (i.e., outgoing) Board of Directors shall decide. If there is more than one (1) owner for any residence in the Subdivision, then such owners shall vote as they may unanimously agree. If there is more than one (1) tenant of any residence, then such tenants shall vote as such tenants may unanimously agree.
ARTICLE II – MEETING OF MEMBERS
Initial Meeting
2.01 The first meeting of the Members shall be held at 7:00 p.m. on October 7, 1997, at the office of the Collin County Association of Realtors on Coit Road in Plano. Directors shall be elected and such other business shall be conducted as may come before such meeting.
Annual Meeting
2.02 An annual meeting of the Members shall be held within thirty (30) days before or thirty (30) days after the third week of September in each year, beginning with 1998, at a place, date, and time established by the Board of Directors. The purpose of such annual meeting shall be to elect Directors and for the transaction of other business as may come before the meeting. Any Member may nominate any other Member for a position as Director at such annual meeting.
Special Meeting
2.03 Special meetings of the Members may be called by the President, the Board of Directors, or not less than one-half (1/2) of the Members.
Place of Meeting
2.04 All meetings of the Members shall occur within Plano at a place designated by whoever calls such meeting, provided, the place of any annual meeting shall be designated by the Board of Directors.
Notice of Meetings
2.05 Written or printed notice stating the place, day, and hour of any meeting of Members shall be delivered, either personally or by mail, to each Member, not less than five (5) nor more than fifty (50) days before the date of such meeting, by or at the direction of the President, or the Secretary, or persons calling the meeting. In case of a special meeting or when required by these Bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to a Member at the Member’s last known address as it appears on the records of the Association, with postage thereon paid. Emergencies that require the immediate attention of the Members shall be taken up at an emergency meeting which may be called by the President or by any three (3) members of the Board of Directors, and notice for such emergency meeting shall be given to the Members of the Association by posting a sign at each entrance to the Subdivision stating the place, day, and hour of the meeting. Notice of any meeting may, at the discretion of the Board of Directors, be sent to Eligible Parties who are not Members.
Quorum
2.06 The Members holding thirty percent (30%) of the votes, which may be cast at any meeting, shall constitute a quorum at such meeting. If a quorum is not present at any meeting of Members, a majority of the Members present may adjourn the meeting from time to time without further notice.
Proxies
2.07 Voting by proxy shall be permitted only if the proxy is in writing, designates a specific person to act as proxy, is signed by a Member, and is granted for a specific meeting. All other proxies shall not be recognized. Proxies must be submitted to the Secretary prior to the call to order of the meeting.
ARTICLE III – BOARD OF DIRECTORS
Generally
3.01 The affairs of the Association shall be managed by its Board of Directors. Directors must be Members, but no Member may hold more than one (1) Director’s position. Any Director who fails to timely pay dues for any year in which his or her term as Director runs shall, after written notice sent by the Board of Directors, be removed from the Board of Directors.
Number and Tenure
3.02 The number of Directors shall be seven (7). Each Director shall hold office until the next annual meeting of Members and until his or her successor shall have been elected.
Special Meetings
3.03 A meeting of the Board of Directors may be called by or at the request of the President or any two (2) Directors. The person or persons authorized to call meetings of the Board of Directors may fix any place within Plano, Texas, as the place for holding any special meetings of the Board called by them. The Board of Directors shall keep minutes of its proceedings.
Notice
3.04 Notice of any meeting of the Board of Directors shall be given at least four (4) days prior thereto by either written notice delivered personally or sent by mail, electronic mail (e-mail) or facsimile to each Director at his address/e-mail address or fax number as shown by the records of the Association or by telephone notification to said Director at home or place of business. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed with postage thereon prepaid. Any Director may waive notice of any meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not properly called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless specifically required by these Bylaws. Such notice shall state the place, day, and hour of any meeting.
Quorum
3.05 A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors are present at said meeting, a majority of the directors present may adjourn the meeting from time to time without further notice.
Manner of Acting
3.06 The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by these Bylaws.
Vacancies
3.07 Any vacancy occurring in the Board of Directors shall be filled by the vote of a majority of the remaining Directors. A Director selected to fill a vacancy shall serve for the unexpired term of his or her predecessor in office.
Removal of Directors
3.08 Any Director may be removed by a vote of three-fourths (3/4) of the Board of Directors present at the meeting or a vote of two-thirds (2/3) of the Members present at a special meeting called for that purpose. Any Director so removed shall also be removed as an officer. Notice of the purpose of such a meeting shall be given to the Directors or Members, as the case may be.
Compensation
3.09 Directors shall not receive any stated salaries for their services as Directors; but nothing herein contained shall be construed to preclude any Director from receiving reimbursement for money expended by him or her on behalf of the Association.
Informal Action by the Directors
3.10 Any action which is required or permitted to be taken at a meeting of Directors may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the Directors.
Specific Powers of Board of Directors
3.11 The Board shall have the power to manage the affairs of the Association, including, but not limited to, the following:
a)To open such bank accounts as it may deem necessary;
b)To enter into agreements or contracts with other people or entities;
c)To borrow funds for the Association;
d)To obtain insurance for errors and omissions, for liability coverage, casualty loss, and such other coverage as may be appropriate;
e)To protect or defend the Association’s property from loss or damage by suit or otherwise, to sue or defend in any court of law on behalf of the Association;
f)To make reasonable rules and regulations for the Association and to amend them from time to time, provided that any rule or regulation may not conflict with any Bylaw or the Articles of Association;
g)To make available to any Member within ninety (90) days after the end of each year, an annual report;
h)To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property;
i)To enforce the provisions of the Declaration and any rules made hereunder and to enjoin and seek damages from any Member for violation of such Declaration or rules;
j)To determine and fix the amount of annual dues payable by a Member and notify all Eligible Parties thereof; further, the Board of Directors may from time to time determine and fix a special assessment to establish and maintain a special fund for contingencies as the need may arise;
k)To cause property in or adjoining the Subdivision to be landscaped and maintained;
l)To accept, on behalf of the Association, any contribution, gift, bequest, or devise for the Association.
Initial Election
3.12 Notwithstanding the foregoing, the initial seven (7) Directors of the Association shall be elected by the undersigned Directors. Such seven (7) Directors shall be replaced by Directors to be elected at the initial meeting of the Members on October 7, 1997.
ARTICLE IV – OFFICERS
Generally
4.01 The officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, all of which shall be elected by the Directors. The Board of Directors may elect or appoint such other officers, from the Board of Directors, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. No more than two (2) offices may be held by the same person.
Election and Term of Office
4.02 The Officers of the Association shall be elected annually by the Directors within five (5) days after the regular annual meeting of the Members, except as described in §4.01 and §4.03. New offices may be created and filled at any meeting of the Board of Directors. Each Officer shall hold office until his or her successor shall have been duly elected and shall have accepted the office. No person may be elected to serve more than two (2) consecutive terms in one particular office. No person shall be entitled to run for election unless such person has paid all dues for the year (or other applicable time period) in which such election occurs.
Vacancies
4.03 A vacancy in any office because of death, resignation, disqualification, or otherwise may be filled by the Board of Directors for the unexpired portion of the term.
President
4.04 The President shall be the principal executive officer of the Association and shall in general supervise and control all of the business and affairs of the Association. The President shall preside at all meetings of the Members and of the Board of Directors. The President may sign, with the Secretary or any other proper officer of the Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed; to sign a Statement Appointing Agent and file same with the Secretary of State of Texas; and in general he or she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time.
Vice President
4.05 In the absence of the President or in the event of his or her inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President. The Vice President shall perform such other duties as from time to time may be assigned to him or her by the President or Board of Directors.
Secretary
4.06 The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors in one or more books provided for that purpose; give all notices in accordance with the provisions of these Bylaws or as required by law; be custodian of the Association records; and, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or by the Board of Directors.
Treasurer
4.07 If required by the Board of Directors, the Treasurer shall give a bond paid for by the Association for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board of Directors shall determine. He or she shall have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for moneys due and payable to the Association from any source whatsoever, and deposit all such moneys in the name of the Association in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions of these Bylaws; maintain a roll of the addresses and telephone numbers of all of the Members; pay all just debts of the Association; and in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Board of Directors.
Assistant Secretaries and Assistant Treasurers
4.08 The Assistant Secretaries and Assistant Treasurers in general shall perform such duties as shall be assigned to them by the Secretary or the Treasurer or by the President or the Board of Directors. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine.
Initial Election
4.09 Notwithstanding the foregoing, the initial officers of the Association shall be elected by the undersigned Directors, Such officers will be replaced by officers to be elected at the initial meeting of the Members on October 7, 1997.
ARTICLE V COMMITTEES
Creation
5.01 The Board of Directors may appoint such committees as it deems appropriate for the efficient operation of the Association. Such committees may not have or exercise the authority of the Board of Directors in the management of the Association but shall have such authority over specific subject matters as may be delegated to them by written consent of the Board of Directors. Same may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present, which resolution shall state the purpose of the committee. Except as otherwise provided in such resolution, members of each such committee shall be Members of the Association, and the President of the Association shall appoint the members thereof. Such committee shall be chaired by a Chairman also appointed by the President. Any members or the Chairman of any such committee may be removed by the President or by the Board of Directors whenever in his/her or its judgment the best interest of the Association shall be served by such removal.
Term of Office
5.02 Each member of a Committee shall continue as such until the next annual meeting of the Members of the Association or until his or her successor is appointed, unless the Committee shall be sooner terminated, or unless such member be removed from such Committee, or unless such member shall cease to qualify as a Member.
Vacancies
5.03 Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments.
Quorum
5.04 Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum, and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee.
Rules
5.05 Each committee may adopt rules for its own government not inconsistent with these Bylaws or with rules adopted by the Board of Directors.
Election Committee
5.06 At least thirty (30) days prior to each annual meeting of the Members, the Board of Directors shall appoint at least three (3) Members to serve on an Election Committee. The purposes of such Election Committee shall be to solicit interested Members who will run for the position of Director, to nominate at least seven (7) such Members at each annual meeting, beginning with the annual meeting in 1998, and to conduct the election of Directors at the annual meeting. A slate of at least seven (7) such members shall be delivered to the Board of Directors at least seventy-two (72) hours prior to such annual meeting. Notwithstanding such Election Committee, however, nominations for Directors’ positions shall be accepted from the floor during any annual meeting.
ARTICLE VI – MISCELLANEOUS
Contracts
6.01 The Board of Directors may authorize any Officer or Officers so authorized by these Bylaws to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association. Such authority may be general or confined to specific instances.
Checks and Drafts
6.02 All checks or drafts for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association shall be signed by the Treasurer, or an Assistant Treasurer, or the President.
Deposits
6.03 All funds of the Association shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board of Directors may select.
Commercial Use
6.04 No Member of the Association may use or permit the use of the name of the Association or any information obtained through Association membership about the members of the Association for any commercial purpose or any other purpose inconsistent with these Bylaws.
Rules of Conduct
6.05 In any case of doubt or disagreement about the proper conduct of any meeting or vote of the Association or of its Board of Directors, the rules contained in the most recent available edition of Robert’s Rules of Order shall govern.
ARTICLE VII – BOOKS AND RECORDS
7.01 The Association shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, Board of Directors, and committees. All books and records of the Association may be inspected by any Member or his or her duly authorized agent or attorney for any proper purpose at any reasonable time during customary business hours.
ARTICLE VIII – DISTRIBUTION OF ASSETS UPON DISSOLUTION
8.01 Should this Association be dissolved or terminated, all assets of the Association after payment of all just debts and obligations of the Association, shall be donated by the Members to the City of Plano unless a successor organization with similar goals and purposes as the Association shall be created to receive the assets within thirty (30) days following such dissolution.
ARTICLE IX – AMENDMENTS TO BYLAWS
9.01 These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by a majority of the Members present at any meeting of the Members at which a quorum is present, if at least ten (10) days’ written notice is given of any intention to alter, amend, or repeal these Bylaws or to adopt new Bylaws at such meeting.