SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS. AND RESTRICTIONS OF THE MEADOWS RESIDENTIAL SUBDIVISION (A PART OF MEADOW CREEK COUNTRY CLUB RESIDENTIAL SUBDIVISION)

THE STATE OF TEXAS

 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HIDALGO

THAT WHEREAS, SUN VALLEY DEVELOPMENT, INC., a Texas corpora­tion doing business as THE MEADOWS, hereinafter called the Declarant, a successor to RGV M.C., Inc., a Texas corporation, is the owner of all that certain real property located in Hidalgo County, Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes; and

WHEREAS, the Declarant intends to offer for sale and to sell and convey the residential lots covered hereby and contained within the above described property as part of the development of The Meadows Residential Subdivision, subject to certain protective covenants, conditions, restrictions, liens, and charges as hereinafter set forth; and

WHEREAS, the Declarant desires to adopt this Second Amended Declaration of Covenants, Conditions, and Restrictions of The Meadows Residential Subdivision (a part of Meadow Creek Country Club Residential Subdivision) pursuant to the provisions of Article VIII of the First Amended Declaration of Covenants, Conditions and Restrictions of Meadow Creek Country Club Residential Subdivision filed of record in Volume 2727, Page 14 of the Real Property Records of Hidalgo County, Texas;

NOW, THEREFORE, it is hereby declared that all of the property in Blocks 18, 19, 22 and 23 of Phase I-A and in Blocks 1 through 16 of Phase I-B, as shown on the Recorded Plat shall be held, owned, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and shall be binding on all parties having any right, title, or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which easements, restrictions, covenants, and conditions shall inure to the benefit of each Owner hereof.

ARTICLE I

DEFINITIONS

The following words and terms, when used in this Declaration or any further Amended Declaration (unless the context shall prohibit) shall have the following meanings:

1.1  "Association" shall mean and refer to "The Meadows Residential Subdivision Association", a Texas non-profit corporation to be formed, its successors and assigns.

1.2  "Board of Directors'* shall mean the Board of Directors of the Association as provided for in the Articles of Incorporation and Bylaws thereof.

1.3  "Declarant" shall mean and refer to Sun Valley Development, Inc., a Texas corporation doing business as The Meadows, or its successors and assigns, including any person or entity succeeding to the ownership of lots in bulk for sale from Declarant or its successor and assigns, including Declarant's mortgagee, by purchase, foreclosure or otherwise.

1.4  "Declaration" shall mean and refer to this Amended Declaration of Covenants, Conditions and Restrictions of The Meadows Residential Subdivision (formerly Meadow Creek Country Club Residential Subdivision)

1.5  "Recorded Plat" shall mean the maps and plats of Meadow Creek Country Club Subdivision as recorded in Volume 25, Pages 27, 28 and 29, Hidalgo County Map Records. All referenced to Properties and Lots within the Recorded Plat shall be limited to the specific phases of the Recorded Plat used herein in defining Properties and Lots.

1.6  "Single Family Lot" shall mean and refer to that portion of any of the plots of land in Blocks 18, 19, 22 and 23 of Phase I-A and Blocks 1 through 16 of Phase I-B shown upon the Recorded Plat on which there is or will be built a Single Family Dwelling. The term "Lot" shall not include the Common Area nor any other reservation shown on the said map or plat.

1.7  “The Meadows Residential Subdivision" shall mean and refer to that portion of the property which was subdivided as Meadow Creek Country Club Subdivision, such portion being Blocks 18, 19, 22 and 23 of Phase I-A and Blocks 1 through 16 of Phase I-B, all as shown on the Recorded Plat.

1.8  "Meadow Creek Country Club Subdivision" shall mean all of the real property shown on the maps and plats recorded in Volume 25, Pages 27, 28 and 29, Hidalgo County Map Records.

1.9  “Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to any Single Family Lot or portion of a Single Family Lot on which there is or will be built a detached single family dwelling, including declarant, but excluding those having such interest merely as security for the performance of an obligation.

1.10  "Properties" shall mean and refer to that certain real property in Blocks 18, 19, 22 and 23 of Phase I-A and in Blocks 1 through 16 of Phase. I-B, all as shown on the Recorded Plat, and such additions thereto as may hereafter be brought within the jurisdiction of the Associations pursuant to the provisions of Article VIII hereof, or otherwise.

1.11  "Single Family Dwelling" shall mean a structure to be built upon a Single Family Lot intended for the shelter and housing of a single family.

1.12  “Single Family" shall mean one or more persons, each related to the other by blood, marriage or adoption, or a group of not more than three persons not so related together with his/her or their domestic servants, maintaining a common household

1.13 "Member" shall mean all those Owners, including Declarant, who are members of the Association as hereinafter provided.

1.14  "A.C. Committee" shall mean the Architectural Control Committee.

1.15  “Common Area" shall mean the real property and improve­ments thereon, other than numbered lots, designated by the Association to be improved and maintained for the common use and enjoyment of the Owners and for the betterment of the Properties; as well as property owned by the City of Mission, the County of Hidalgo or Texas Water District No. 14, which property is located within the Properties or adjacent thereto and which may be maintained by the Association for the betterment of the Properties.

ARTICLE II

ARCHITECTURAL CONTROL

ARCHITECTURAL CONTROL COMMITTEE

2.1  The Board of Directors of the Association shall designate and appoint an Architectural Control Committee, (hereinafter referred to as the "A.C. Committee"), consisting of not less than three (3) persons, which committee shall serve at the pleasure of the said Board of Directors. Any action taken by the A.C. Committee must be pursuant to a majority of the members of such committee. The Board of Directors of the Association shall have the prerogative of appointing members to the A.C. Committee for staggered terms as the said Board of Directors may determine.

APPROVAL OF PLANS AND SPECIFICATIONS

2.2  No buildings, fences, walls, awnings, carports, outbuildings, or other structures of any kind or character shall be commenced, erected, maintained or placed upon the Properties, nor shall any landscaping of any Lot or Lots be undertaken, until the plans and specification showing the nature, kind, shape, height, materials, and location of same shall have been submitted to, and approved in writing, by the A.C. Committee as to harmony of external design and location in relation to surrounding structures and topography. The A.C. Committee's approval, disapproval or conditional approval shall be endorsed upon the plans and specifi­cations submitted by the Owner and/or shall be further evidenced by a proper written instrument acknowledged by the A.C. Committee.

FAILURE OF A.C. COMMITTEE TO ACT

2.3  In the event that any plans and specifications are submitted to the A.C. Committee as provided herein and such A.C. Committee shall fail either to approve or reject such plans and specifications for a period of thirty (30) days following such submission, approval by the A.C. Committee shall not be required, and full compliance with this Article II shall be deemed to have been had; provided, however, that the failure of the A.C. Committee to approve or disapprove such plans and specifications within such thirty (30) day period shall not operate to permit any structure to be commenced, erected, placed, constructed or maintained on any Lot in a manner inconsistent with any provision of this Declaration. Neither the A.C. Committee nor the Association can or will be held responsible for any error in structural design, or for any nonconformance with applicable building codes, and/or local laws or regulations in the plans and/or specifications approved by it, nor for any defect in design and/or construction of any building or structure according to those plans and/or specifications. The A.C. Committee may, at its discretion, from time to time, in the interests of Owners in connection with proposed structures, issue statements or memoranda setting forth standards or other matters as it may deem helpful or desirable for information to and assistance of owners in satisfying the design requirements of the A.C. Committee as a condition to approval of submitted plans and specifications.

It shall remain the prerogative and within the jurisdiction of the A.C. Committee to grant approval of exceptions to the declared restrictions, covenants, conditions and agreements contained herein, variances there from and other forms of deviation, assuming that such exceptions or deviations will not in any way detract from the appearance or the premises or be detrimental to the public welfare or to the property or the persons located in the vicinity thereof or be in violation of any applicable law, code or regulations.

ARTICLE III

EXTERIOR MAINTENANCE

                 3.1  In the event an Owner of any Lot shall fail to maintain the premises and the improvements situated thereon in a neat and orderly manner, the Association or the A.C. Committee shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of the Owner. Any expense incurred by Association or the A.C. Committee in connection with its repair, maintenance and restoration as herein provided shall be billed to Owner and shall be payable not later than thirty (30) days from date of such invoice. For all purposes, such amount shall be deemed to be a Special Maintenance Assessment and shall be secured and collectable in the same manner as provided in Article IX, Section 9.5 hereof.

 

ARTICLE IV

USE RESTRICTIONS

TYPE OF BUILDINGS PERMITTED

4.1  All Lots shall be used for residential purposes only, upon which may be constructed or placed all forms of permanent, single family residences, provided such permanent constructions shall comply with the design restrictions set forth in Article IV hereof.

SETBACKS

4.2  No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the Recorded Plat. Lot line setback requirements are as follows:

FOR TOWN HOUSES OR PATIO HOMES AND SINGLE FAMILY DWELLINGS:

a)    Front lot setback requirements: 10 feet (Corner lot: 15 feet from Corner)

b)    Back lot line setback requirement: 7 feet

c)    Side yard setback requirement: 6 feet side, 6 feet opposite side (Corner Lot: 10 feet street side, 6 feet opposite side)

d)    Garage setback: 15 feet from curb

e)    If side setback of adjacent unit is to be less than 6 feet, then fire wall is required

All setbacks will be as stated above or as required by the utility easements reserved in the recorded plat of Meadow Creek Country Club Residential Subdivision, whichever is greater.

For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot. If two or more Lots, or fractions thereof, are consolidated into a building site in conformity with the provisions herein; these buildings setback provisions shall be applied to such resultant building site as if it were one original, platted Lot.

RESUBDIVISION OR CONSOLIDATION

4.3  None of said Lots shall be resubdivided in any fashion except that any person owning two or more adjoining Lots may subdivide or consolidate such Lots into building sites, with the privilege of constructing or placing improvements as permitted in this Article IV, paragraphs 4.1 and 4.2 hereof on each resulting building site. Each building site must consist of a minimum of one full lot. Upon consolidation of more than one Lot as herein provided, the consolidated Lot shall thereafter be deemed one Lot for all purposes.

EASEMENTS

4.4  Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Recorded Plat. No utility company, water district, political subdivision, or other authorized entity using the easement herein referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants to shrubbery, trees, or flowers, or to other property of the Owner situated within any such easement.

NOXIOUS OR OFFENSIVE ACTIVITIES PROHIBITED

4.5  No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

SIGNS

4.6  No signs of any character shall be allowed on any Lot except one sign of approximately 24" x 32" in size advertising the property for sale or rent; provided, however, that Declarant shall have the right, during the construction and sales period, to construct and maintain such facilities as may be reasonably necessary or convenient for such construction and sale, including, but not limited to, signs, offices, storage areas, and model units.

RUBBISH, TRASH AND GARBAGE

4.7  No Lot shall be used or maintained as a dumping ground for rubbish or trash, and no garbage or other waste shall be kept except in sanitary containers. All equipment for the storage and disposal of such materials shall be kept in a clean and sanitary condition.

ANIMALS

4.8  No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided they are kept on a leash at all times when not contained by the Owner. No Single Family shall own more than three pets without the written consent of the Board of Directors.

SHRUBS AND TREES

4.9  No shrub or tree planting which obstructs sight lines at elevations between two and six feet (2' and 6') above the roadway shall be planted or permitted to remain on any corner Lot within the triangular area formed by the curb lines of such intersecting streets and a line connecting such curb line at points twenty-five feet (25') from their intersection, or, in the case of a rounded corner, from the intersection of the curb lines as extended. The same sight line limitations shall apply on any Lot within ten feet (10') of the intersection of a street curb line and the edge of a driveway or alley. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a height of more than six feet (6') above ground level.

MAIL BOXES

4.10  Subject to agreement of the U.S. Postal Service to use the same for mail delivery purposes, each residence constructed on a Single Family Lot shall have a curbside mail box of a size, shape and constructed of materials approved by the A.C. Committee, such mail box to be located close enough to the street fronting the residence to permit accessibility to it by U.S. Postal Service delivery vehicles. The mail box depicted on Exhibit "B" hereto shall be a permitted and approved mail box, with any other design or material requiring the prior approval of the A.C. Committee as herein provided.

PROHIBITED ACTIVITIES

4.11  No structures of a temporary character, basement, tent, shack, barn, servants' quarters or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except as herein provided. During the construction and sales period of the Lots, Declarant may erect and maintain such structures as are customary in connection with such construction and sale of property, including, but without limitation, a business office, storage areas, construction yards, signs, a mobile home on Lots 1, 2 and 3 in Block 2 of Phase I-B to be used for a residence for any of Declarant's employees or for visitors present to inspect the Properties, model units and sales office.

4.12  The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in connection with landscaping or construction of improvements thereon.

There shall be no obstruction of any part of the Common Area, which is intended to remain unobstructed for the reasonable use and enjoyment thereof. No Owner shall appropriate any part of the Common Area to his exclusive use, nor shall any Owner do anything which would violate the easement, rights and privileges of any Owner in regard to any portion of Common Areas which are intended for the common use and benefit of all Owners. The Association shall have the right to remove anything placed on the Common Area in violation of the provisions hereof, and to recover the cost of such removal from the Owner responsible.

No professional, business, or commercial activity to which the general public is invited shall be conducted on any Lot, other than that maintained by the Declarant or his representatives as per this Article IV, paragraph 4.6 hereof.

ARTICLE V.

DESIGN RESTRICTIONS

5.1  All residential building structures shall be made of new materials, except natural stone and used brick masonry may be used in such construction. All construction shall be at least 51% masonry veneer.

5.2  No garage, guest home, bath house, servant's quarters, hobby shop, storage or accessory building of any kind shall be built unless architecturally interconnected with the main residential building. No carport, patio or other sheltered space shall be erected except with a roof that forms an integral part of the main roof and is covered with the same roofing material. The installation of carports, coverings, etc., either at the time of the building erection or at any later date, shall at all times be subject to the written approval of the A.C. Committee and must conform with the basic design of the existing structure.

5.3  Colors and materials used for exterior finish and roofs shall be first approved in writing by the A.C. Committee.

5.4  Location of air-conditioning units, evaporative coolers, other mechanical equipment or devised and roof jacks, vent caps and other roof outlets shall be designated on building plans, and must first be approved in writing by the A.C. Committee. The use of window air conditioning units is prohibited.

5.5  Any single story residence constructed on Residential Lots must have a ground floor area of not less than 850 square feet, exclusive of open or screened porches, terraces, patios, driveways, carports, and garages. Any residence other than a single story residence must have not less than 850 square feet of ground floor living area, exclusive of open or screened porches, terraces, patios, driveways, carports, and garages. All roofs shall be constructed of fireproof materials.

5.6  The A.C. Committee shall have the authority to set up specifications as to type and design of buildings allowable and acceptable for placement on a Lot in Meadow Creek Country Club Subdivision, but in any event shall comply with the Article IV, paragraph 4.2 and Article V, paragraph 5.01 hereof.

5.7  The A.C. Committee shall have the authority to set up regulations as to the height and size requirements for all other types of buildings and structures, including fences, walls, clothes lines or detached structures, etc. All buildings shall not exceed 32 feet in height to the top of peaked roof line. Any exceptions shall first be approved in writing by the A.C. Committee.

5.8  Driveways must be ten (10) feet wide, four (4) inches thick and minimum of fifteen (15) feet long from the curb, four and one-half (41/2) sack concrete minimum, with three-quarter inch (3/4") aggregate.

5.9  All locations of fences and the materials used in their construction and the design thereof must be approved by the A.C. Committee. Fences constructed  on Lots located adjacent to any lakes or ponds within The Meadows Residential Subdivision shall not go down to the water level, and shall not be constructed in back of or adjacent to the permanent greenbelt area for said Lot, as per the Recorded Plat, allowing for continued and open access for maintenance of said greenbelt. Also no fences may be constructed beyond the front of any residence. Piers, bulkheads or other structures to be constructed adjacent to Lake Lots, whether in the green belt area or not, shall be constructed only upon written approval of the A.C. Committee. Any provision herein to the contrary notwithstanding, Lake Lot Owners shall have the exclusive use of the greenbelt area, per the Recorded Plat, located between the lake and said Lot, and each lake Lot Owner shall be required to maintain the green belt area between such lake Lot Owner's Lot and the lake, and the A.C. Committee shall have the authority to impose reasonable restrictions in connection with same  In the event the said lake Lot Owner fails to maintain such area in accordance with the restrictions imposed by the A.C. Committee, the Association shall have the right to perform such maintenance, the expense for same being deemed to be Special Maintenance Assessment which shall be secured and collectable in the same manner as provided in Article IX Section 9.5 hereof. The Association further retains all rights of ingress and egress on, over and through the said green belt areas between Lake Lot Owners and the lake.

5.10  Special attention shall be paid to designing, building and maintaining the rear elevation of building and landscaping adjacent to the Golf Course and lakes.

5.11  Finish floor elevations are to be set according to the City of Mission Building Code.

ARTICLE VI LANDSCAPING

6.1  Upon completion or placement of permanent structures, all unpaved areas of the respective lots shall be intensively land- scaped. No landscaping shall be permitted to obstruct the view of the Golf Course. All lots shall be landscaped to beautify and compliment the dwelling structure. Plans for landscaping shall be submitted to and approved by the A.C. Committee.

6.2  No trees in excess of three inches (3") in diameter measured at a point twelve inches (12") above the ground shall be removed from any lot without first obtaining written approval of the A.C. Committee.

6.3  Only the planting of Bermuda 419 or 328 grasses will be permitted.

ARTICLE VII

GENERAL PROHIBITIONS AND REQUIREMENTS

7.1  No outside toilet or individual water well shall be constructed on any Lot. All plumbing fixtures, dishwashers and toilets shall be connected to the sanitary sewerage system provided by the Declarant to each Lot.

7.2  No temporary house, trailer, tent, garage or other out building shall be placed or erected on any Lot; provided however, that Declarant may grant permission for any such temporary structure for storage of materials during construction. No such temporary structures as may be approved shall be used at any time as a dwelling place.

7.3  No residence shall be occupied until the same has been substantially completed in accordance with its plans and specifica­tions and received approval from the A.C. Committee and all governmental agencies having jurisdiction and authority with respect thereto.

7.4  No stripped, unsightly, offensive, wrecked, junked or dismantled vehicle or portions thereof, no furniture or appliances designed for normal use or operations within, as distinguished from outside dwellings, and no building or construction materials or supplies shall be parked, permitted, stored, or located upon any street in The Meadows Residential Subdivision; nor on any Lot thereof in such manner or location as to be visible to the occupant of other Lots within The Meadows Residential Subdivision or to the users of any street or park; except those building and construction materials in a quantity not, in excess of that actually required for improvement of the Lot upon which they are placed, and be maintained on such Lot for a period of time which is reasonably necessary for the diligent commencement and completion of the project for which they are required. Except as provided above, no commercial trucks or commercial vehicles of any kind may be parked, permitted, stored or located upon any street or lot within The Meadows Residential Subdivision.

7.5  No recreational vehicle, or similar vehicle, shall be parked in front of, or on the side of, or on the back of a residential structure for more than two (2) hours, unless same is being parked for loading or unloading purposes; provided, however, that such vehicles may be parked within an enclosed area, concealed from public view, that is designed and constructed in harmony with and attached to the residential structure located on a Lot.

7.6  Every tank for the storage of fuel installed outside any building in The Meadows Residential Subdivision shall be either buried below the surface of the ground, at ground level or elevated, and screened to the satisfaction of the A.C. Committee by fencing or shrubbery. Ever outdoor receptacle for ashes, trash, rubbish or garbage shall be screened or so placed and kept as not to be visible from any street or park within The Meadows Residential Subdivision or from the lake at any time. During refuse collections, garbage shall be placed at front of home.

7.7  All lots, whether occupied or unoccupied, and any improvement placed thereon shall at all times be maintained in such a manner as to prevent their becoming unsightly by reason of unattractive growth on such a Lot or the accumulation of rubbish or debris thereon. In the event any such Lot or improvement thereon is not so maintained, the Association shall have the right, through its agents and employees, to enter thereon for the purpose of maintenance, restoration or repair, and to charge said property Owner with such expense. In such event the expense shall be deemed to be a Special Maintenance Assessment and shall be secured and collectable in the manner as provided in Article IX, Section 9.5 hereof.

7.8  No oil well drilling, oil development operations, oil refining, quarrying, water well drilling, or mining operations of any kind shall be permitted on a Lot, nor shall oil wells, tanks, tunnels, minerals excavations, or shafts be permitted on any Lot. No derrick or other minerals shall be erected, maintained or permitted on any Lot.

7.9  No radio station or shortwave operators of any kind shall operate from any Lot or residence within The Meadows Residential Subdivision. No exterior television or radio antenna or wind powered generators of any kind shall be permitted or erected on any Lot or residence within The Meadows Residential Subdivision unless approved in writing by the A.C. Committee.

7.10  No trash, ashes, garbage or other refuse shall be dumped or stored on any Lot in The Meadows Residential Subdivision. No outside burning of trash or garbage shall be permitted.

7.11  No improvement which has been partially or totally destroyed by fire or otherwise, shall be allowed to remain in such state for more than six (6) months from the time of such destruction. In the event such Lot is not cleared of the debris by the Lot Owner within such six (6) month period, then the Association shall have the right to clear such Lot and the charge the Owner for the expenses incurred. In such event the expense shall be deemed to be a Special Maintenance Assessment and shall be secured and collectable in the manner as provided in Article IX, Section 9.5 hereof.

7.12  Every building, structure, dwelling or other improvement, the construction or placement of which is begun on any Lot, shall be completed within six (6) months after the beginning of such construction or placement. Upon failure to comply with this provision, the Association shall have the right, but not the obligation, to impose a $50.00 per day penalty upon the respective Owner until such construction is completed. In the event, such penalty shall be deemed to be a Special Maintenance Assessment and shall be secured and collectable in the same manner as provided in Article IX, Section 9.5 hereof. Notwithstanding the foregoing, in the event the construction referred to in this Article VII, paragraph 7.12, is interrupted or delayed by inclement weather conditions or shortage of building material beyond the control of Owner, then owner shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

7.13  Every building, structure dwelling or other improvement which is constructed or placed on any Lot in The Meadows Residential Subdivision shall comply with all applicable laws, ordinances, building codes, rules and regulations of the County of Hidalgo and City of Mission, Texas.

7.14  Exposed opening resulting from any excavation made in connection with the construction or placement of structures on a Lot in The Meadows Residential Subdivision shall be properly backfilled and compacted and the disturbed ground shall be graded so as to be level.

7.15  Only electric powered boats, wind powered boats (16 feet in length or less), canoes, paddle boats or row boats shall be allowed on any of the lakes, ponds or waterways located within the Meadow Creek Country Club Subdivision. All gasoline and/or diesel powered boats are prohibited from said waters. Any other forms of water recreational vehicle, that is not specifically referred to herein, shall be first approved by the Declarant, in writing, prior to its use of any of the said waterways. Neither trout lines or similar commercial fishing devises may be used in any of the lakes, ponds or waterways located within the Meadow Creek Country Club Subdivision.    Fishing shall be for recreational purposes only.

ARTICLE VIII

EXISTING PROPERTIES - ADDITIONS THERETO – MERGERS

EXISTING PROPERTIES

8.1  The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Mission, Hidalgo County, Texas, and consists of the Properties as herein defined.

ADDITIONS TO EXISTING PROPERTIES

8.2  The Declarant is the owner of, or has the right to acquire 88.33 acres more or less, adjacent to the existing Properties, comprising a single tract of land in the City of Mission, County of Hidalgo, Texas. The Declarant is also the owner of the land adjacent to Scenic Way not currently platted into lots and blocks. The Declarant, its successors and assigns, shall have the right, but not the obligation, to bring within the scheme of this Declaration in future stages of development any part of all of said lands which are not included in or which are not currently platted into lots and blocks in the existing Properties. The additions authorized under this Section 8.2, and Article VIII, Section 8.3, shall' be made by filing of record by Declarant of a plat of such additional land and a declaration that Declarant intends and dedicates such land to be covered by all of the terms, conditions and provisions hereof. Any such declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of use of the added property, as are not inconsistent with the scheme of this Declaration. Any such additional property, when made subject to the scheme of this Declaration, will become subject to assessment for its just share of Association expenses in accordance with the scheme of this Declaration. In no event shall any such supplemen­tary declaration revoke, modify or add to the covenants established by this Declaration with respect to the existing properties in any manner which would substantially alter the scheme of this Declaration.

OTHER ADDITIONS

8.3  The Declarant, its successors or assigns, reserves the right to bring within the scheme of this Declaration any additional lands which are contiguous or adjacent to or within the immediate vicinity of the lands referred to in Article VIII Section 8.1 and Section 8.2 and which now are or hereafter may be owned by Declarant, its successors or assigns, and subjected to the scheme of this Declaration, provided that Declarant, its successors or assigns, provides with respect to such additional lands, open areas and recreational or other facilities which, at the sole discretion of Declarant, its successors or assigns, will not unjustly dilute the available facilities within the Properties as so expended.

MERGERS

8.4  In the event of a merger or consolidation of the Associa­tion with another association as authorized by its Article of Incorporation, its properties, rights and obligations may be transferred to another surviving to consolidated association. Alternatively, if the Association is the surviving corporation in a merger or consolidation, it may administer the covenants and restrictions established by this Declaration within the existing Properties together with the covenants and restrictions established upon any other properties, as one scheme. However, no such merger or consolidation shall affect any revocation, change or addition to the covenants established by this Declaration with respect to the existing Properties or any supplemental Declaration with respect to any additions thereto, except as hereinafter provided.

ARTICLE IX

THE MEADOWS RESIDENTIAL SUBDIVISION

ASSOCIATION MEMBERSHIP

9.1  Every person, including Declarant, who acquires title, legal or equitable or by contract for deed, to any Residential Lot in the Subdivision shall thereby become a Member of The Meadows Residential Subdivision Association, which shall be formed as a Texas non-profit corporation ("Association"); provided, however, that such membership is not intended to apply to those persons who hold an interest in any such lot merely as security for the performance of an obligation to pay money, e.g., mortgages, deeds of trust, or sellers of Lots under contract for deed, or those persons holding only an interest in the mineral estate. Each Member shall have one vote for each Lot in which he holds the interest required for membership. By way of example, (i) any Member who owns four (4) unimproved lots shall have four (4) votes; (ii) any Member who has four (4) lots with a Single Family Dwelling on each of such lots shall have four (4) votes; (iii) any Member who has more than one (1) lot upon all of which is built a Single Family Dwelling shall have one (1) vote for such group of lots; and (iv) any Member who shall have any combination of the foregoing examples shall have the appropriate number of votes as determined for each example. Any dispute concerning the number of votes to which any Member is entitled shall be resolved by the Board of Directors of the Association. When more than one person holds such interest, all such persons shall be Members and the vote for such Lot shall be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to any such Lot. Membership shall be appurtenant to and may not be separated from ownership of the Lots which are subject to assessment by the Association. All Members of the Association shall be not less than 18 years of age.

GENERAL PURPOSE AND POWERS

9.2  The general purpose of the Association is to further and promote the common interest and welfare of property Owners in the Subdivision. The Association shall have such powers as are set in its articles and by-laws or that belong to it by operation of law. Any provision herein or in the articles or by-laws of the Association to the contrary, notwithstanding, the Members, excluding the Declarant, its successors and assigns, shall have the right to elect one voting member of the Board of Directors of the Association. Such member shall be elected by a majority of the votes of the Members (excluding Declarant) voting on such position. The Association shall also be the means for the promulgation and enforcement of all regulations necessary to govern the use and enjoyment of such Common Area, including streets, parks, recre­ational and community facilities and other common properties within the Subdivision maintained for the benefit of all Owners thereof. The Members of the Association shall have the right to inspect the books and records of the Association at reasonable times during normal business hours.

MAINTENANCE OF COMMON AREASS

9.3  The Association shall have the power and authority to improve and maintain the Common Areas, including private streets (not maintained by any governmental authority), parks, recreational and community facilities and other properties as the Association may designate from time to time.

INSURANCE OF COMMON AREAS

9.4  The Association shall be responsible for providing adequate insurance for the Common Areas herein described. The Association shall name Declarant as an additional assured in all policies of insurance obtained by it.

ASSESSMENTS

9.5  The Association shall have all the powers that are set forth in its articles of incorporation and by-laws or that belong to it by operation of law, including the power to levy against every Lot in The Meadows Residential Subdivision, including those of Declarant insofar as it retains ownership to Lots within The Meadows Residential Subdivision, uniform Special or Annual Maintenance Assessments as set forth in its by-laws. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members, and for the improvement and maintenance of the Common Area, and to providing services and facilities related to all or any of the foregoing matters, and of the Members, including, but not limited to, discharge of the obligations of the Association as imposed by this Declaration, payment of taxes, if any, upon the Common Area, payment of insurance with respect to the Common Area, and repair, replacement and additions thereto, payment for any services provided to Members with respect to the foregoing matters, and for the cost of labor, equipment, materials, management and supervision thereof. Assessments are also to be used for administration, management and associated costs of the A. C. Committee. The Board of Directors of the Association may permit the assessments to be paid on an annual, semi-annual, quarterly or monthly basis as it deems appropriate.

A.  Payment of Assessments. All of the Lots within The Meadows Residential Subdivision together with such future lots as may be covered by this Declaration pursuant to the provisions of Article VIII, Sections 8.2 and 8.3 hereof shall be subject to the assessments provided for herein. Every such assessment made shall be paid to the Association or its designated agent for collection on or before the date established by its Board of Directors pursuant to the resolu­tion adopted by such Board fixing the amount of such assessment. Written notice of such assessment and the date of payment shall be sent to each Member. Said assessments shall remain a lien upon the property of the respective Member until paid.

B.  Creation of the Lien and Personal Obligation of Assessment. Each Owner of any Lot with The Meadows Residential Subdivision by acceptance of a Deed therefore, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association:

            (a) Regular Maintenance Assessments which shall be payable as determined by the Board of Directors of the Association;

            (b) Special Assessments for capital improvements or as otherwise provided for herein, such assessments to be established and collected as hereinafter provided;

            (c) Regular Maintenance Assessments and Special Assess­ments, together with interest, costs and reasonable attorney fees, shall be a charge on the land and shall be continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees, shall also be the person­al obligation of the person who was the Owner of such property at the time when the assessment fell due. Interest on all unpaid Assessments shall be at such rate as the Board of Directors of the Association may fix from time to time, but never in excess of the maximum rate permitted by law. If not so fixed by the Board of Directors of the Association, the interest rate shall be twelve percent (12%) per annum.

C.  Maximum Monthly Assessment. Until January 1, 1993, the maximum monthly Assessment shall be $20.00 per Lot.

From and after January 1, 1993 the maximum monthly assessment may be increased each year not more than ten percent (10%) (such percentage increase may be cumulative from year to year) above the maximum assessment for the previous year; provided, however, the maximum monthly Assessment shall never be more than $60.00 per Lot unless increased by a majority vote of those Members (excluding Declarant, who shall not be permitted to vote on such issue) of the Association present and voting at a duly called and held meeting of the Association for such purpose. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum.

D.  Special Assessments for Capital Improvements. In addition to the Annual Assessment authorized above, the Board of Directors of the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, or for the construc­tion, reconstruction, repair or replacement of any portion of the water system or for the construction, reconstruction, repair or replacement of streets, sidewalks, curbs and esplanades serving the properties, provided that any such assessment shall have the written consent of a majority of the Members (excluding Declarant, who shall not be permitted to vote on such issue) of the Association present and voting at a duly called and held meeting of the Association for such purpose.

E.  Fixing Assessments. The Board of Directors of the Association shall fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the Annual Assessment shall be established by the Board of Directors of the Association. The Board of Directors of the Association shall, upon demand, and for reasonable charge, furnish a certificate signed by a representative of the Declarant setting forth whether the assessments on a specified lot have been paid.

F.  Effect of Nonpayment of Assessments - Remedies of the Board of Directors of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of interest provided for herein, and in addition, a penalty of ten dollars ($10.00) per month to cover the cost of billing and collection. The Board of Directors of the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. Each such Owner, by his acceptance of a Deed to a lot, thereby and hereby express­ly vests in the Board of Directors of the Association, or its agents, the right and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including judicial foreclosure by an action brought in the name of the Association. The lien provided for in this Section shall be in favor of the Associa­tion. No Owner may waive or otherwise escape liability of the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.

G.  Subordination of the Lien to Mortgagees. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot pursuant to mortgage foreclosure shall extinguish the lien of such assessments as to payments which become due prior to such foreclosure sale. No such sale shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

H.  Disposition of Assessment Funds. The funds arising from such assessments, so far as may be sufficient, shall be applied toward the payment of expenses incurred by the Association in the maintenance of its properties and in furthering the promoting the community welfare of property owners in the Subdivision, all as set forth and provided in its articles of incorporation and by-laws.

ARTICLE X

AMENDMENTS

The Declarant shall have the right to unilaterally amend these Restrictions pursuant to the provisions of Article VIII hereof. Additionally, these Restrictions may be amended upon the written consent of a majority of the Lot Owners, provided that such amendments are recorded in the Deed Records of Hidalgo County, Texas.

No amendment shall be allowed reducing the size of Lots which have been sold.

Executed by the said Declarant this the -21 day of February, 1992.

SUN VALLEY DEVELOPMENT, INC.

BY:             Ken Grier

NAME:       Ken Grier

TITLE:        President

THE STATE OF TEXAS

COUNTY OF HIDALGO

BEFORE ME, on this 21st day of February 1992, personally appeared KENNETH R. GRIER PRESIDENT of SUN  VALLEY DEVELOPMENT, INC., and acknowledged to me that he executed the foregoing instrument for the purposes therein expressed, in the capacity therein stated, and as the act and deed of said corporation.

FIRST AMENDMENT TO SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE MEADOWS RESIDENTIAL SUBDIVISION (A PART OF MEADOW CREEK COUNTRY CLUB RESIDENTIAL SUBDIVISION) FOR SINGLE FAMILY. TOWNHOUSE AND PATIO HOMES

THE STATE OF TEXAS §

§    KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HIDALGO §

The undersigned, being a majority of the Lot Owners of The Meadows Residential Subdivision (a part of Meadow Creek Country Club Residential Subdivision) pursuant to the provisions of Article X of the Second Amended Declaration of Covenants, Conditions, and Restrictions of The Meadows Residential Subdivision (a part of Meadow Creek Country Club Residential Subdivision) for Single Family, Townhouse and Patio Homes ("Second Amended Declaration") do hereby adopt this First Amendment to the said Second Amended Declaration as follows:

I.

Article I, Section 1.15 is hereby amended to read as follows:

1.15 "Common Area" shall mean the real property and improvements thereon, other than numbered lots, designated by the Association to be improved and maintained for the common use and enjoyment of the Owners and for the betterment of the Properties; as well as property owned by the City of Mission, the County of Hidalgo or Texas Water District No. 14, which property is located within the Properties or adjacent thereto and which may be maintained by the Association for the betterment of the Properties. Any provision herein to the contrary notwithstanding, Common Area shall specifically not include the following properties whether included within the Properties covered hereby or merely adjacent thereto: (i) the golf course, (ii) the, club house, (iii) the security building, (iv) the maintenance building, (v) the RV park, and (vi) the RV park office.

II.

Article IX, Section 9.5, Paragraphs C. and D. are hereby amended to read as follows:

C. Maximum Monthly Assessment. Until January 1, 1993, the maximum monthly Assessment shall be $10.00 per Lot.

From and after January 1, 1993 the maximum monthly assessment may be increased each year not more than ten percent (10%) (such percentage increase may be cumulative from year to year) above the maximum assessment for the previous year; provided, however, the maximum monthly Assessment shall never be more than $30.00 per Lot unless increased by a majority vote of those Members (excluding Declarant, who shall not be permitted to vote on such issue) of the Association present and voting, in person or by proxy, at a duly called and held meeting of the Association for such purpose.

The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum.

D. Special Assessments for Capital Improvements. In addition to the Annual Assessment authorized above, the Board of Directors of the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, or for, the construction, reconstruction, repair or replacement of any portion of the water system or for the construction, reconstruction, repair or replacement of streets, sidewalks, curbs and esplanades serving the properties, provided that any such assessment shall have the written consent of a majority of the Members (excluding Declarant, who shall not be permitted to vote on such issue) of the Association present and voting, in person or by proxy, at a duly called and held meeting of the Association for such purpose.

III.

Except as .here in above amended, all other terms, conditions and provisions contained in the said Second Amended Declaration shall remain in full force and effect.

EXECUTED this__16______day of_____March___________,1992 .

SUN VALLEY DEVELOPMENT, INC.

ARTICLE I

The purpose of the Seven Oaks Homeowners Association, Inc. shall be to establish an organization to benefit and protect its members and their property, and to seek improvements, (1) by working with management, (2) the City of Mission, (3) and any other entity to keep Meadow Creek Country Club Subdivision an enjoyable and desirable place to live.

ARTICLE II

Offices

The required office of the Corporation will be in the City of Mission, Texas.  The Corporation may have other offices as the Board of Directors may determine, or as the affairs of the Corporation may require from time to time.

The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office as required by the Texas Non-Profit Corporation Act.  The address of the principal office and the registered office may be changed from time to time by the Board of Directors.

ARTICLE III

Members

Section 1:  Members

Members shall be limited to those persons who are property owners in Meadow Creek Country Club Subdivision Phase IA blocks 18, 19, 22, 23 and Phase IB blocks 1 – 16. 

Section 2:  Voting Rights

There shall be one vote per member per lot.  Each member entity shall consist of husband and wife, or owners in common.  No member shall have more than one vote per lot.

ARTICLE IV

Meetings of Members

Section 1:  Annual Meeting

An annual meeting of the members shall be held on the 3rd Tuesday of January in each year for the purpose of electing directors and for the transaction of such other business as may come before the meeting.  If the day fixed for the annual meeting shall be a legal holiday in the State of Texas, such meeting shall be held on the next succeeding business day.  If the election of Directors shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as conveniently may be.

Section 2:  Special Meetings

Special meetings of the members may be called by the President, the Board of Directors, or by not less than one-tenth of the members having voting rights.  Special meetings must have notice of not less than 10 (ten) nor more than 60 (sixty) days to the membership.

Section 3:  Place of Meeting

The Board of Directors may designate any place as the place of meeting for an annual meeting or for any special meeting called by the Board of Directors.

Section 4:  Notice of Meetings

No notice is required for the regular annual meeting except for posting such notice on the Bulletin Board in the Clubhouse entry, and/or on the Home Owners Association sign 10 (ten) days prior to the meeting.

In case of a special meeting or when required by statute or these by-laws, the purpose for which the meeting is called shall be stated in the notice.  If mailed, the notice shall be deemed to be delivered when deposited in the United States mail and addressed to the member at their address as it appears on the records of the corporation, with postage thereon prepaid.

Section 5:  Quorum

The members holding twenty percent (20%) of the votes entitled to be cast may be represented in person or by proxy at any meeting shall constitute a quorum at such meeting.  If a quorum is not present at any meeting of the members, a majority of the members present may adjourn the meeting from time to time without further notice.

Section 6:  Proxies

At any meeting of members, a member may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact.  No proxy shall be valid after eleven months from the date of execution, unless otherwise provided in the proxy.

Section 7:  Manner of Acting

A majority of the votes entitled to be cast on a matter to be voted upon by the members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater proportion is required by law or by these by-laws.  The president shall appoint three (3) homeowners who will be responsible for assuring only the proper persons are in attendance at the Annual meeting and to cooperate with the secretary in determining a quorum being present at the opening of the meeting.  These homeowners will supervise the voting by ballot.

ARTICLE V

Board of Directors

Section 1:  General Powers

The affairs of the Corporation shall be managed by its Board of Directors.  Directors need not be residents of the State of Texas.

Section 2:  Number, Tenure, and Qualifications

The number of Directors shall be five (5).  Terms of Directors shall be staggered.  Initially there shall be: one (1) term of one (1) year; two (2) terms of two (2) years; and two (2) terms of three (3) years.  As each term expires, Directors shall be elected for a term of three (3) years.  Directors must be members.

Section 3:  Regular Meetings

A regular annual meeting of the Board of Directors shall be held without other notice than this by-law.  The Board of Directors may provide by resolution the time and place for holding of additional regular meetings of the Board without other notice than such resolution.  No presiding officer shall adjourn any meeting of the Homeowners Association or Board of Directors without a motion from the body, which has been seconded, offered for discussion and passed by a majority vote.

Section 4:  Special Meetings
Special meetings may be called by or at the request of the President or any two (2) Directors.  They may fix the time and place.
 Section 5:  Quorum
A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board.  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.

Section 6:  Manner of Acting

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 law or these by-laws.

Section 7:  Vacancies

No more than one member of a family may hold office at one time.  Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of Directors may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors.  A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.  Directors and Officers shall not receive any salary for their services.

Section 8:  Informal Action by Directors

Any action required by law to be taken at a meeting of Directors, or any action which may 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.

ARTICLE VI

Officers

Section 1:  Officers

The officers of the Corporation shall be a President, Vice President, Secretary, and Treasurer.

Section 2:  Appointment and Term of Office

The officers of the Corporation shall be appointed annually by the Board of Directors and shall be elected from its members.  If the appointment of officers shall not be held at such meetings, such appointment shall be held as soon thereafter as conveniently may be done.  New officers may be created and filled at any meeting of the Board of Directors.  Each officer shall hold office until his successor shall have been duly appointed and assumed the responsibilities of the office.

Section 3:  Removal

Any officer appointed by the Board of Directors may be removed by the Board whenever in its judgment the best interest of the Corporation would be served thereby, but such removal shall be without prejudice.

Section 4:  Vacancies

A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term.

Section 5:  President

The President shall be the principal executive officer of the Corporation and shall in general supervise and control all of the business and affairs of the Corporation.  He or she shall preside at all meetings of the members.  He or she may sign, with the secretary or any other proper officer of the Corporation authorized by the Board of Directors, any instruments which the Board of Directors has authorized to be executed, except in cases where the signing and executive thereof shall be expressly delegated by the Board, these by-laws or by statute to some other officer or agent of the Corporation and in general shall perform such other duties as may be prescribed by the Board of Directors from time to time.  He or she shall be a non-voting member of all committees.

Section 6:  Vice President

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.

Section 7:  Treasurer

If required by the Board of Directors, the treasurer shall give a bond.  The treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation, receive and give receipts for moneys due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions of Article VII of these by-laws;  and in general perform all the duties as from time to time may be assigned to him or her by the President or Board of Directors.

Section 8:  Secretary

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;  see that all notices are duly given in accordance with the provisions of these by-laws or as required by law;  be custodian of the corporation records; keep a register of the post office address of each member which shall be furnished to the Secretary by such member;  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.

ARTICLES VII

Committees

Section 1:  Committees of Seven Oaks Homeowners Association

The Directors may designate and appoint one or more committees, each of which shall include one Director.

Section 2:  Term of Office

Each member of a committee shall continue as such until his successor is appointed, unless the committee shall be sooner terminated, or unless such member is removed from such committee, or unless such member ceases to qualify as a member thereof.

Section 3:  Chairman

One member of each committee shall be appointed chairman by the person or persons authorized to appoint the members thereof.

Section 4:  Vacancies

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.

ARTICLES VIII

Contracts, Checks, Deposits, and Funds

Section 1:  Contracts

The Board of Directors Officers or Committee Chairpersons shall not in any way enter into any contract or agreement on any project in writing or verbal that calls for the expenditures beyond $2,000 without the consent of the members, with the exception of official day to day operations, or annual budget items formally approved at an annual meeting or special meeting.

Section 2:  Checks, Drafts, etc.

All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors.  In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer and countersigned by the President or Vice President of the Corporation.

Section 3:  Deposit

All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select.

Section 4:  Gifts

The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation.

Section 5:  Dues

Annual assessments shall be twenty dollars ($20.00) per year per lot and can be changed by an affirmative vote of fifty-one percent (51%) of all members at the annual meeting, or a special meeting properly called. 

ARTICLE IX

Books and Records

The Corporation shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members, Board of Directors and Committees having any of the authority of the Board of Directors, and shall keep at its registered or principal office a record giving the names and addresses of members entitled to vote.  All books and records of the Corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.

ARTICLE X

Fiscal Year

The fiscal year of the Corporation shall begin January 1 and end on December 31 in each year.

ARTICLE XI

Waiver of Notice

Whenever any notice is required to be given under the provisions of the Texas Non-Profit Corporation Act or under the provisions of the articles of incorporation of the by-laws of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

ARTICLE XII

Amendments to the By Laws

All by-laws of the Seven Oaks Homeowners Association may be amended by a quorum of members present at the Annual Meeting or at a special meeting called for the purpose.  All members shall be given ten (10) days advance notice of all proposed amendments.

In case of any conflicts between the Declaration of Covenants and these By-laws, the Covenants shall control, as permitted by State Statute.

ARTICLE XIII

Robert’s Rules of Order

Robert’s Rules of Order, when not inconsistent with these By-laws shall govern all meetings of the Board of Directors, Annual Meeting and Special Meetings.

ARTICLE XIV

Adoption of By-laws

The amendments to the By-laws of the Corporation are hereby adopted and accepted by the undersigned, being all of the Directors of the Corporation on March 5, 2013.