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MEMBERS ONLY
By-Laws:

BY-LAWS
OF THE
HEATHERWOOD ESTATES
HOMEOWNERS ASSOCIATION

Last Amended: January, 2012
Link to doc

GENERAL

1. The name of the association shall be Heatherwood Estates Homeowners Association (hereinafter referred to as “HEHA”).
2. The purpose of HEHA shall be:

a. To promote better communication and neighborhood unity within Heatherwood Estates;
b. To protect and promote the best interests of the residents of the area;
c. To promote better community and civic spirit, goodwill and friendship;
d. To provide funds for expenses related to the maintenance and beautification of the front entrance area off of Rufe Snow and other common areas within Heatherwood Estates;
e. To preserve property values and overall appearance by maintaining a development consistent with existing deed restrictions and architectural guidelines; and
f. To maintain the zoning of the subdivision as single family residential and maintain residentially compatible zoning in the contiguous area.

3. HEHA is a not-for-profit association for the accomplishment of the foregoing objectives and which may appear conducive to, or expedient for, the interest and benefit of the members of HEHA.

 

MEMBERSHIP

1. All residents of the subdivision who pay annual dues shall be members of HEHA, shall be listed on the official membership roll, shall be eligible to vote (one vote per household), hold office, or serve on committees.
2. No membership may be transferred. It applies to the family to which it is issued for the period until they discontinue residence or until the end of the fiscal year for which membership was granted, whichever occurs first.
3. Annual dues for the operation of HEHA shall be $120.00 per year, payable on or before April 1 of each year. Residents will be eligible for membership rights after dues have been received. Dues shall be prorated as follows:

April 1 – June 30 $120.00
July 1 – Sept 30 $90.00
Oct 1 – Dec 31 $60.00
Jan 1 – March 31 $30.00

NOMINATIONS

1. Nominations for the Election of Officers shall be made by a Nominating Committee. Nominations may also be made from the floor at the Annual Meeting. The Nominating Committee shall consist of a Chairman, who shall be an Officer of the Association, and two (2) or more members of the Association. The Nominating Committee shall be selected by the Officers of the Association at least sixty (60) days prior to each Annual Meeting and to serve until the close of the next Annual Meeting.
2. The Nominating Committee shall make as many nominations for each office as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.

ELECTIONS

1. Election of Officers shall be by secret written ballot at the Annual HEHA Meeting. The person receiving a majority of the votes cast shall be elected. If a majority vote is not achieved on the first ballot, we will cast another ballot for the two (2) persons receiving the largest number of votes. The person receiving a majority of the votes cast shall be elected. Members unable to attend the Annual Meeting may vote in the first round by absentee email ballot prior to the meeting.

OFFICERS

1. The newly elected Officers will assume their office on April 1st following the Annual Meeting.
2. The Officers shall prepare an annual operating budget and program. Recommendations made by the Officers shall be presented at the general membership meetings and approved by the membership in attendance. Absentee email ballots will be made available to those unable to attend.
3. The Officers will have the power in intervals between meetings to transact all business not otherwise provided for in the By-Laws or delegated to special committees, except when modifying any action taken by the organization. All expenditures of more than $500.00 must be approved by HEHA. The Officers will approve the bank selected by the Treasurer. If a quorum is not present for an Officers meeting, the Officers may be polled individually by telephone or email, in order to vote on necessary business. A majority of the Officers is required to decide on an issue in this manner.
4. Officers shall serve one-year terms and no person will serve the same office for more than two (2) consecutive years.
5. All Officers must be members of HEHA and in good standing at the time of their election.
6. In the event of a vacancy, a replacement will be recommended by the Officers and approved in a special election by the general membership. Special elections can be conducted by mail, email, telephone, or meeting. The replacement will serve the remainder of the elected term.
7. Any Officer may be removed by a majority vote of the members at a general meeting of HEHA and the vacancy shall be filled in the manner defined in paragraph 6 above.
8. HEHA shall have the following Officers:

The PRESIDENT shall:
- Preside over all meetings of HEHA and of the Officers;
- Sign, as president, instruments on direction of the Officers on behalf of HEHA; and
- Serve as non-voting member of all committees.
The VICE PRESIDENT shall:
- Perform the duties of the President, in the absence of the President;
- Perform duties, as assigned, by the President;
- Assist the webmaster in maintaining the HEHA web site;
- Supervise distribution of flyers, notices, leaflets, ballots, etc; and
- Develop and maintain a communication network among residents.
The SECRETARY shall:
- Record proceedings of all meetings of HEHA and the Officers;
- Perform such other duties as may be required of him/her by the Officers;
- Prepare and maintain a correct and updated list of names, addresses, and email addresses of the membership; and
- Conduct the correspondence of HEHA and keep a file of the correspondence received and copies sent out.
The TREASURER shall:
- Have custody of all funds;
- Disburse such funds for the corporate purpose upon checks bearing his/her signature and countersigned by either the President or Vice President;
- Collect dues, provide receipts and maintain a membership roster;
- Maintain books according to generally accepted accounting methods; and
- Submit reports at all meeting.

COMMITTEES

1. Only members of HEHA who are in good standing shall be appointed to a committee. Terms shall be for one year or until replacements are appointed or the committee is dissolved.
2. Committees may be created by the HEHA members as they deem necessary. The members shall approve committees and their chairperson.
3. The President shall serve as a non-voting member of each committee.
4. At the first regular committee meeting each year, the committee shall develop and define its objectives, projects and goals for the year. A committee representative shall resent these objectives, projects, and goals to the Officers along with budgetary submissions. The committees’ budgets shall be included in the general budget on which the general membership shall vote.
5. HEHA will have the following standing committees:

The ARCHITECTURAL CONTROL COMMITTEE shall:
- Consist of three (3) members;
- Serve as a liaison between HEHA, (delete “the developer of Heatherwood Estates”) and the city of Keller;
- Receive any complaints against any non-complying homeowner, will send a courtesy notice (sample attached) to the homeowner in question and will file that complaint and a copy of the letter with the President and Secretary for record keeping purposes;
- Ensue that grounds are landscaped and maintained; and
- Ensure compliance with deed restrictions.

The SOCIAL COMMITTEE shall:
- Organize social functions;
- Serve as a “welcome wagon” for all new families who have moved to Heatherwood Estates; and
- With the assistance of the block captains, recognize families who have “new additions” or any in need (i.e. illness, death in the family, etc.).

MEETINGS

1. The fiscal year shall commence on April 1 and end on March 31.
2. The Officers shall meet quarterly, or as deemed necessary. Regular Officers meetings will normally be held on the first Tuesday at the beginning of each quarter at a time and location to be agreed upon. General membership is welcome to attend Officers meetings.
3. The general membership shall meet semi-annually. The Fall meeting will be held between September and November at a time and location to be agreed upon by the Officers. The Spring meeting will normally be planned for the second week in March in order to elect Officers for the new year.
4. Special HEHA meetings can be called at the discretion of the President at the written request of a least one-fourth (1/4) of HEHA members, provided the reason for the request is given in the written petition.
5. The President shall preside over meetings. Robert’s Rules of Order shall govern the proceedings of all meetings.
6. At any meeting, a majority (greater than 50%) of the members present shall constitute a quorum for all purposes.
7. All member households shall be entitled to one (1) vote at general membership meetings.
8. Any person wishing to present an item at a general membership meeting shall inform the President of such intent prior to the start of the meeting in order for it to be included in the agenda. Any person wishing to present an item at the Officers meeting shall notify the President in the same manner. This shall not apply to anyone appearing in response to a notice with reference to an agenda item.
9. At the discretion of the Officers, an item deemed necessary for HEHA member approval prior to the next scheduled general membership meeting, may be presented and voted on by either mail or email. A majority (greater than 50%) of the members responding by the specified time shall constitute a quorum for the vote. It is the responsibility of homeowners to keep the Officers updated of any changes to their contact information (address, email address, phone number, etc).
10. The order of business at all meetings shall be as follows:
- Call to order
- Minutes
- Committee reports
- Old business
- New business
- Adjournment

MISCELLANEOUS

1. All records of HEHA shall be open to members during normal waking hours. The Officers and committees shall make full and complete disclosure of their activities at each general meeting.
2. The By-Laws or deed restrictions may be changed by a vote of the members of HEHA as follows:

- All members in good standing as defined under “MEMBERSHIP” have the opportunity to vote.
- At least 51% of the members in good standing vote on the proposed change.
- A simple majority of those voting (greater than 50%) vote in favor of the change.
- The proposed change must be delivered (written or email) to the households of the members in good standing at least 30 days prior to the vote.
- The vote may be made by ballot delivered (written or email) to the households of the members in good standing.

3. HEHA may be dissolved by a two-thirds (2/3) vote of the general membership called for that purpose. The surplus assets, if any, shall be distributed equally to HEHA member households on the official roll as of the date of such action. Such disbursements shall be made within ten (10) days of the effective date of such actions. The effective date of dissolution shall be thirty (30) days after any such vote of dissolution.

(SAMPLE ATTACHMENT)

Heatherwood Estates HOA
P.O. Box XXXX
Keller, TX 76248

June 1, 2011

Courtesy Notice

John Doe
XXXX Heather Ln
Keller, TX 76248

Re: XXXX Heather Ln

Dear Mr. Doe

As you are aware as a resident of Heatherwood Estates there are deed restrictions which are in place to preserve the property values and to maintain the overall appearance of Heatherwood Estates. During a routine inspection of the property, on 15 May 2011, it was noted that the following condition or activity needs to be remedied.

Landscaping - Mow

For your reference the CC&R article states:

Article I, Section 1.4, paragraph 2: “Grass shall be mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetables shall be grown in any yard that faces a street. No owner shall permit weeds or grass to grow to a height of greater than six inches (6”) upon his property.”

Please take the following steps to remedy this matter:

Your lawn requires maintenance. Please ensure that your lawn is mowed and maintained on a regular basis. Your cooperation is greatly appreciated.

If you have any questions, concerns, or you believe you received this letter in error please contact us. Thank you for your cooperation in this matter.

Sincerely,

Tom Jones
Architectural Committee Chairman
Heatherwood Estates HOA
(email address)