These by-laws have been prepared by the Cherokee Shores Owners Association, a non profit corporation governed by the laws of the State of Texas. These by-laws supersede and replace all previous by-laws.
Section 1. The affairs of the Association shall be governed by a Board of Directors who shall be comprised of elig_ible property owners in Cherokee Shores. No two (2) members of the same family shall serve on the Board of Directors or be President at the same time. Eligible property owners are those members in good standing who have not been removed from the Board of Directors according to Article VI, Section 6 of the bylaws.
Section 2. The Board of Directors shall consist of five (5) Directors and the President of the Association, who shall have full power and authority to carry out the purpose of the Association and to do any and all lawful acts necessary or proper thereto. The President has voting rights only in the event of a tie vote.
Section 3. The Board of Directors shall be elected at the Annual Election by the property owners of the Association, and shall assume office immediately.
Section 1. The officers of the Association will be members in good standing and consisting of a President, Vice President, Secretary/Treasurer, Recording Secretary, Section Representatives and a Sergeant at Arms.
Section 2. All officers of the Association, except for the President, shall be appointed by the Board of Directors within a reasonable time after the Annual Election of the Association. All officers hall serve for a period of one year, or until his/her successor is appointed.
Section 3. Upon the death, resignation or removal of an Officer, a successor shall be appointed for the remainder of the term by a majority vote of the Board of Directors.
Section 1. The President shall be the Chief Executive Officer of the Association and shall be selected by the members at the Annual Election and shall be responsible for conducting the General Meeting, Board of Directors and Officers Meetings.
The Board of Directors may do all acts and things in accordance with the Articles of Incorporation, the Restrictive covenants of the Subdivision, or these by-laws.
In addition to the duties imposed by these by-laws or by any resolution of the Association that may be hereafter adopted, the Board of Directors shall have the power to be responsible for the following: adoption of an annual budget establish the contribution of each owner to the common expenses not to exceed a five (5) percent increase annually; adoption of the means and methods of collecting such assessments. provide for the operation, care upkeep and maintenance of all of Cherokee Shores common responsibilities. write policies and procedures for operations of the Board and the Association; shall approve opening of bank accounts on behalf of the Association and designate the signatories required; letting of contracts for the making of major repairs, additions, and improvements to or alterations of areas in Cherokee Shores in accordance with the other provisions of the Declarations and these by-laws; enforce by legal means the provisions of the Declaration, these by-laws and the rules and regulations adopted by it and bringing any proceedings which may be instituted on behalf of or against the owners concerning the Association; obtain and carrying insurance against casualties, liabilities, and providing bonding insurance on the officers and directors and paying the premium cost thereof; shall have the power to borrow moneys for the purpose of repair or restoration of the common area and facilities only with the approval of the members of the Association present at a regular monthly meeting. Thirty (30) days notice of the meeting is required. shall be responsible for personnel necessary for the maintenance, operation repair, and replacement of its property, and the area of common responsibility, and for the purchase of supplies and materials to be used by such personnel in the performance of their duties.
Section 1. Regular meetings of the Board of Directors shall be held the second Saturday of each month at 9:00 A.M. at the recreational area (Pool #1, 7100 Aztec Drive).
Section 2. The general meeting of the Association shall be held the second Saturday of each month at 10:00 A.M. at the recreational area (Pool #1, 7100 Aztec Drive).
Section 3. Special meetings of the Board of Directors shall be held at the recreational area (Pool #1, 7100 Aztec Drive) when called by notice given by the President, Secretary, or by any two (2) Directors. The notice shall specify the time of said meeting and the nature of any business to be considered. The notice shall be given to each Director by one of the following means: (a) personal delivery, (b) written notice by first class mail, (c) telephone communication either directly to the Director or to a person at the Director’s home or office. A quorum present at any such meeting shall be conclusive that the notices requirement was fulfilled.
Section 4: Emergency meetings may be called at any time by the President.
Section 5. Board of Directors executive sessions are closed sessions exclusively for the discussion of financial or personnel business and are not open to non-board members.
Section 6. Quorum of Board of Directors. At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors.
Section 7. All meetings of the Board of Directors (with the exception of executive sessions) shall be open to all members, but non-board members may not participate in any discussion or deliberation unless expressly so authorized by the presiding officer.
Section 8. Action without a Formal meeting. Any action to be taken by the Directors may be taken without a meeting if consent in writing, setting forth the action to be so taken, shall be signed by all the Directors.
These by-laws may be amended by first receiving a majority vote of the board of Directors and then receiving a majority vote of the members in good standing at the Annual Election.
