HomeMy WebLinkAboutTitle Report . •
'''' ''' Brazos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive
Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802
Title Report Prepared
for
Mr. Kent M. Laza
PHILLIPS ENGINEERING
4490 CASTLEGATE DRIVE
COLLEGE STATION, TEXAS 77845
Experience Matters
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B razos County Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: June 19, 2012 at 8 o'clock A.M.
PROPERTY DESCRIPTION:
TRACT ONE:
Being all that certain tract or parcel of land lying and being situated in Brazos
County, Texas, and being 3.775 acres, shown as "Common Area 1", on plat of
CASTLEGATE II SUBDIVISION, SECTION 200, an addition to the City of
College Station, Texas, according to plat recorded in Volume 10392, page 260,
Official Records of Brazos County, Texas.
TRACT TWO:
Being all that certain lot, tract or parcel of land lying and being situated in Brazos
County, Texas, and being Lot Eight R (8R), Block Seven (7), and the 1.355 acres,
shown as "Common Area ", on replat of CASTLEGATE II SUBDIVISION,
SECTION 200, an addition to the City of College Station, Texas, according to
replat recorded in Volume 10511, page 39, Official Records of Brazos County,
Texas.
TITLE APPEARS TO BE VESTED IN:
DOS DORADO DEVELOPMENT, LLC, d /b /a 3 -D DEVELOPMENT
by Deed from Diebel Family Partners, Ltd., dated June 1, 2010, recorded in Volume 9656, page
213 and corrected in Volume 9735, page 105, Official Records of Brazos County, Texas.
SUBJECT TO:
1. LIENS:
Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents dated
June 15, 2011, executed by Dos Dorado Development, LLC dba 3 -D Development to Ivan
M. Olson, Trustee, securing one note of even date payable to The Bank & Trust of
Bryan/College Station, in the principal amount of $3,000,000.00, recorded in Volume
10223, page 1, Official Records of Brazos County, Texas. (covers 28.557 acres)
Experience Matters
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B razos County Abstract Company
"More than 140 Years of Title Service"
Assignment of Rents, Income and Receipts from Dos Dorado Development, LLC dba 3 -D
Development to The Bank & Trust of Bryan/College Station, dated June 15, 2011,
recorded in Volume 10223, page 41, Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS:
Easements as shown of record on plat of Castlegate II Subdivision, Section 200, recorded
in Volume 10392, page 260, Official Records of Brazos County, Texas.
Easement from W. I. McCulloch to The City of Bryan, Texas, dated May 12, 1937,
recorded in Volume 98, page 179, Deed Records of Brazos County, Texas.
Easement from Mrs. Esther McCulloch Dansby to The City of Bryan, Texas, dated March
16, 1983, recorded in Volume 566, page 489, Deed Records of Brazos County, Texas.
Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b /a 3 -D
Development to City of College Station, Texas, dated October 19, 2011, recorded in
Volume 10392, page 276, Official Records of Brazos County, Texas.
4. OUTSTANDING MINERALS AND /OR ROYALTIES:
Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline Grant Diebel,
dated September 30, 1993, recorded in Volume 1934, page 157, Official Records of Brazos
County, Texas. Title to this reservation has not been traced subsequent to the date of the
above -cited instrument.
Mineral reservation in Deed from Esther Jane Grant McDougal to Diebel Family Partners,
Ltd., dated April 7, 2000, recorded in Volume 4027, page 29, Official Records of Brazos
County, Texas. Title to this reservation has not been traced subsequent to the date of the
above -cited instrument.
Mineral reservation in Deed from Diebel Family Partners, Ltd. to Dos Dorado
Development, LLC dba 3 -D Development, dated June 1, 2010, recorded in Volume 9656,
•
page 213 and corrected in Volume 9735, page 105, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above -
Experience Matters
• 0
4 B razos County Abstract Company
"More than 140 Years of Title Service"
cited instrument.
Terms and conditions contained in Waiver of Use of Surface Rights executed by Pauline
Grant Diebel, recorded in Volume 2106, page 99, Official Records of Brazos County,
Texas.
Terms and conditions contained in Waiver of Surface Rights executed by Diebel Family
Partners, Ltd., et al, recorded in Volume 9656, pages 203 and 208, Official Records of
Brazos County, Texas.
5. OIL & GAS LEASES:
NONE OF RECORD
6. RESTRICTIONS: Volume 10392, page 260 (on plat), Volume 10402, page 220, Volume
10498, page 196 and Volume 10511, page 39 (on replat), Official Records
of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS:
Terms, conditions and stipulations contained in the Declaration of Covenants, Conditions
and Restrictions executed by Dos Dorados Development, L.L.C., dba 3 -D Development,
dated November, 2011, recorded in Volume 10402, page 220 and Volume 10498, page
196, Official Records of Brazos County, Texas.
Maintenance Charge as set forth in the Declaration of Covenants, Conditions and
Restrictions executed by Dos Dorados Development, L.L.C., dba 3 -D Development, dated
November, 2011, recorded in Volume 10402, page 220 and Volume 10498, page 196,
Official Records of Brazos County, Texas.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges and immunities relating thereto, appearing in the Public
Records, whether listed or not. There may be leases, grants, exceptions or reservation of
mineral interests that are not listed.
Experience Matters
•
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Brazos County Abstract Company
More than 140 Years of Title Service"
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS
TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO
THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY CITY BANK. THIS SEARCH HAS BEEN
LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE
NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO
TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH
MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,
WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS
AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A
SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
J � BY: ;( 0 . / 2 3 "4?z. )
LISA KEMP
Experience Matters
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BYLAWS
OF
HOMEOWNERS' ASSOCIATION OF CASTLEGATE 11, INC.
ARTICLE 1
DEFINITIONS
Castlegate II Defined
1.01. Castlegate N shall mean all of the real property located in the County of
Brazos, State of Texas, including the land, all improvements and structures on the land,
and all easements, rights, and appurtenances to the land, more particularly described as
follows:
All of that property shown on recorded plats of Castlegate II Subdivision, as such
plats now exist and may be later supplemented, amended or withdrawn, recorded
in the Official Records of Brazos County, Texas.
Castlegate II will consist of a subdivision or community, platted or unplatted, all of
which shall be subject to the authority of a single Association, It shall consist of Castlegate
II, or such other additional or substitute communities or subdivisions as the developer
might create.
Declaration Defined
1.02. DECLARATIONS shall mean all of the Declarations of Covenants, Conditions ='
and Restrictions, now or hereafter filed in the County Clerk's office in Brazos County,
Texas, and affecting Castlegate II or any portions thereof, including any amendments to
the Declarations as may be made from time to time in accordance with the terms of the
Declarations.
Other Terms Defined
1.03.Other terms used in these Bylaws shall have the meaning given them in the
Declarations, incorporated by reference and made a part of these Bylaws.
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ARTICLE 2
APPLICABILITY OF BYLAWS
Corporation
2.01. The provisions of these Bylaws constitute the Bylaws of the nonprofit
corporation known as HOMEOWNERS' ASSOCIATION OF CASTLEGATE II, INC.,
referred to as the "Association."
Applicability
2.02. The provisions of these Bylaws are applicable to Castlegate II as defined in
Paragraph 1.01 of these Bylaws.
Personal Application
2.03. All present or future Owners, their employees, guests, or other persons that
use the facilities of HOMEOWNERS' ASSOCIATION OF CASTLEGATE II, INC. or its
Common Areas, in any manner are subject to the regulations set forth in these Bylaws. The
mere acquisition of any of the Lots of Castlegate II or the mere act of occupancy of any of
the Lots or Common Areas will signify that these Bylaws are accepted and ratified and will
be complied with by the purchaser or occupant.
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ARTICLE 3
OFFICES
Principal Office
3.01. The principal office of the Association shall be located in the City of College
Station, County of Brazos, State of Texas.
Registered Office and Registered Agent
3.02. The Association shall have and shall continuously maintain in the State of
Texas a registered office and a registered agent, whose office is identical with the
registered office, as required by the Texas Non - Profit Corporation Act. The registered office
may be, but need not be, identical with the principal office of the corporation, and the
address of the registered office may be changed from time to time by the Board of
Directors.
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ARTICLE 4
QUALIFICATIONS FOR MEMBERSHIP
Membership
4.01. The membership of the Association shall consist of all of the Owners of the
Lots within Castlegate 11.
Proof of Membership
4.02. The rights of membership shall not be exercised by any person until
satisfactory proof has been furnished to the Secretary of the Association that the person
is qualified as a Member. Such proof may consist of a copy of a duly executed and
acknowledged deed or title insurance policy evidencing ownership of a Lot in Castlegate
II. Such deed or policy shall be deemed conclusive in the absence of a conflicting claim
based on a later deed or policy.
No Additional Qualifications
4.03. The sole qualification for membership shall be ownership of a Lot in
Castlegate 11. No initiation fees, costs, or dues shall be assessed against any person as
a condition of membership except such assessments, levies, and charges as are
authorized or permitted under the Articles of Incorporation or the Declarations.
Certificates of Membership
4.04. The Board of Directors may provide for the issuance of certificates evidencing
membership in the Association that shall be in such form as may be determined by the
Board. All certificates evidencing membership, if issued by the Board of Directors, shall be
consecutively numbered. The name and address of each Member and the date of issuance
of the certificate shall be entered on the records of the Association and maintained by the
Secretary at the registered office of the Association.
ARTICLE 5
VOTING RIGHTS
Voting
5.01. Voting shall be on a Lot basis. The Owner of each Lot is entitled to one vote.
If a Lot has more than one Owner, the aggregate vote of the Owners of the Lot may not
exceed the one vote assigned to the Lot. The developer's votes shall also be increased,
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after calculating the number of votes provided above, by the formula set forth in the
Declarations regarding Voting Rights.
Proxies
5.02. At all meetings of Members, each Member may vote in person or by proxy. All
proxies shall be in writing and filed with the Secretary of the Association. Every proxy shall
be revocable and shall automatically cease on conveyance by the Member of the
Member's Lot, or on receipt of notice by the Secretary of the death or judicially declared
incompetence of such Member. No proxy shall be valid after eleven (11) months from the
date of its execution, unless otherwise specifically provided in the proxy.
Quorum
5.03. The presence, either in person or by proxy, at any meeting, of Members
entitled to cast at least 20% of the total voting power of the Association shall constitute a
quorum for any action, except as otherwise provided in the Governing Instruments. In the
absence of a quorum at a meeting of Members, a majority of those Members present in
person or by proxy may adjourn the meeting to a time not less than five (5) days nor more
than thirty (30) days from the meeting date.
Required Vote
5.04. The vote of the majority of the votes entitled to be cast by the Members
present, or represented by proxy, at a meeting at which a quorum is present shall be the
act of the meeting of Members, unless the vote of a greater number is required by statute
or by the Governing Instruments.
ARTICLE 6
MEETINGS OF MEMBERS
Annual Meetings
6.01. The first meeting of the Association shall be the meeting at which the Bylaws
are adopted by the initial Board of Directors named in the Articles of Incorporation. The
second meeting of the Members of the Association shall be held upon the later of the two
events; (1) after twenty -four (24) months after the first meeting, or (2) when at least 90%
of the lots in Castlegate II have been sold and the initial Directors have all resigned, at a
time and place to be designated by the Board. After the second meeting, the annual
meeting of the Members of the Association shall be held on the second Monday of October
of each succeeding calendar year at the hour of 7:00 P.M. If the day for the annual meeting
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of the Members is a legal holiday, the meeting shall be held at the same hour on the first
day following that is not a legal holiday (excluding Saturdays and Sundays).
Special Meetings
6.02. Special meetings of the Members may be called by the President, the Board
of Directors, or by Members representing at least 51% of the total voting power of the
Association.
Place
6.03. Meetings of the Members shall be held within Castlegate 11 or at a convenient
meeting place, as the Board may specify in writing in its sole discretion.
Notice of Meetings
6.04. Written notice of all Members' meetings shall be given by or at the direction
of the Secretary of the Association (or other persons authorized to call the meeting) by
mailing or personally delivering a copy of such notice at least 10 but not more than 50 days
before the meeting to each Member entitled to vote at the meeting. The notice must be
addressed to the Member's address last appearing on the books of the Association or
supplied by such Member to the Association for the purpose of notice. The notice shall
specify the place, day, and hour of the meeting and, in the case of a special meeting, the
nature of the business to be undertaken.
Order of Business
6.05. The order of business at all meetings of the Members shall be as follows:
(a) Roll call.
(b) Proof of notice of meetings or waiver of notice.
(c) Reading of Minutes of preceding meeting.
(d) Reports of officers.
(e) Reports of committees.
(f) Election of directors.
(g) Unfinished business.
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(h) New business.
Action Without Meeting
6.06. Any action required by law to be taken at a meeting of the Members or any
action that may be taken at a meeting of the Members may be taken without a meeting if
a consent in writing, setting forth the action so taken, shall be signed by all of the Members
and filed with the Secretary of the Association.
ARTICLE 7
BOARD OF DIRECTORS
Number
7.01. The affairs of this Association shall be managed by a Board of Directors
consisting of not less than three nor more than nine persons, all of whom may be, but need
not be Members of the Association.
7.02. At the first meeting of the Association, the Members shall elect Directors who
shall hold office until the second meeting, which shall include the election of Directors by
the Members. After the second meeting of the Association, Directors shall be elected at
the annual meeting of the Members and shall hold office fora term of one (1) year and until
their successors are elected and qualified.
Removal
7.03. Directors may be removed from office without cause by a two - thirds majority
vote of the Members of the Association.
Vacancies
7.04. In the event of a vacancy on the Board caused by the death, resignation, or
removal of a Director, the remaining Directors shall, by majority vote, elect a successor
who shall serve for the unexpired terra of the predecessor.
Any directorship to be filled by reason of an increase in the number of directors shall
be filled by election at an annual meeting of Members or at a special meeting of Members
called for that purpose.
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Compensation
7.05. With the prior approval of a majority of the voting power of the Association, a
Director may receive compensation in a reasonable amount for services rendered to the
Association. A Director may be reimbursed by the Board for actual expenses incurred by
the Director in the performance of the Director's duties.
Powers and Duties
7.06. The Board shall have the powers and duties, and shall be subject to limitations
on such powers and duties, as enumerated in the Declarations of Castlegate IL
ARTICLE 8
NOMINATION AND ELECTION OF DIRECTORS
Nomination
8.01. Nomination for election to the Board of Directors shall be made from the floor
at the annual meeting of the Members.
Election
8.02. Directors are elected at the annual meeting of Members of the Association.
Members, or their proxies, may cast, in respect to each vacant directorship, as many votes
• as they are entitled to exercise under the provisions of the Declaration. The nominees
receiving the highest number of votes shall be elected.
ARTICLE 9
MEETINGS OF DIRECTORS
Regular Meetings
9.01. Regular meetings of the Board of Directors shall be held semi - annually at a
place and at a time as may be fixed from time to time by resolution of the Board. Notice of
the time and place of regular meetings may be posted on small signs (2' X 3') at the
entryways to Castlegate II.
Special Meetings
9.02. Special meetings of the Board of Directors shall be held when called by written
notice signed by the President of the Association or by any two Directors other than the
President, The notice shall specify the time and place of the meeting and the nature of any
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special business to be considered. Notice of a special meeting must be given to each
Director not less than two (2) days or more than ten (10) days prior to the date fixed for
such meeting by written notice either delivered personally, sent by mail, telecopy, or
telegram to each Director at the Director's address as shown in the records of the
Association.
Quorum
9.03. A quorum for the transaction of business by the Board of Directors shall be a
majority of the number of Directors constituting the Board of Directors.
Voting Requirement
9.04. The act of the majority of Directors present at a meeting at which a quorum
is present shall be the act of the Board of Directors unless any provision of the Governing
Instruments requires the vote of a greater number.
Open Meetings
9.05. Regular and special meetings of the Board shall be open to all Members of
the Association; provided, however, that Association Members who are not on the Board
may not participate in any deliberation or discussion unless expressly authorized to do so
by the vote of a majority of a quorum of the Board.
Executive Session
9.06. The Board may, with the approval of a majority of a quorum, adjourn a meeting
and reconvene in executive session to discuss and vote on personnel matters, litigation in
which the Association is or may become involved, and other business of a confidential
nature. The nature of any and all business to be considered in executive session shall first
be announced in open session .
ARTICLE 10
OFFICERS
Enumeration of Officers
10.01. The Officers of this Association shall be a President and Vice - President and
a Secretary and Treasurer. The Board of Directors may, by resolution, create such other
offices as it deems necessary or desirable.
i
s
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• 10.02. The Officers of this Association shall be elected annually by the Board of
Directors and each shall hold office for one (1) year unless the Officer shall sooner resign, •
be removed, or be otherwise disqualified to serve.
Resignation and Removal
10.03. Any Officer may resign at any time by giving written notice to the Board, the
President, or the Secretary. Such resignation shall take effect at the date of receipt of the
notice or at any later time specified in the notice. Any Officer may be removed from office
by the Board whenever, in the Board's judgment, the best interests of the Association
would be served by such removal.
Multiple Offices
10.04. Any two or more offices may be held by the same person, except the offices
of President and Secretary.
Compensation
10.05. Officers shall receive such compensation for services rendered to the
Association as determined by the Board of Directors and approved by a majority of the
voting power of the Association.
ARTICLE 11
PRESIDENT
Election
11.01. At the first meeting of the Board immediate) following the annual meeting
9 Y g g
of the Members, the Board shall elect one of their number to act as President.
11.02. The President shall: •
(a) Preside over all meetings of the Members and of the Board.
(b) Sign as President all deeds, contracts, and other instruments in writing that have
been first approved by the Board, unless the Board, by duly adopted resolution, has
authorized the signature of a lesser Officer. •
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(c) Call meetings of the Board whenever he or she deems it necessary in
accordance with rules and on notice agreed to by the Board. The notice period shall, with
the exception of emergencies, in no event be less than two (2) days.
(d) Have, subject to the advice of the Board, general supervision, direction, and
control of the affairs of the Association and discharge such other duties as may be required
of him or her by the Board.
ARTICLE 12
VICE- PRESIDENT
Election
12.01. At the first meeting of the Board immediately following the annual meeting
of the Members, the Board shall elect one of its Members to act as Vice - President.
Duties
12.02. The Vice- President shall:
(a) Act in the place and in the stead of the President in the event of the President's
absence, inability, or refusal to act.
(b) Exercise and discharge such other duties as may be required of the
Vice- President by the Board. In connection with any such additional duties, the
Vice - President shall be responsible President.
ARTICLE 13
SECRETARY
Election
13.01. At the first meeting of the Board immediately following the annual meeting
of the Members, the Board shall elect a Secretary.
13.02. The Secretary shall
(a) Keep a record of all meetings and proceedings of the Board and of the
Members.
(b) Keep the seal of the Association, if any, and affix it on all papers requiring the
seal.
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(c) Serve notices of meetings of the Board and the Members required either by law
or by these Bylaws.
(d) Keep appropriate current records showing the Members of the Association
together with their addresses.
(e) Sign as Secretary all deeds, contracts, and other instruments in writing that have
been first approved by the Board if the instruments require a second Association signature,
unless the Board has authorized another Officer to sign in the place and stead of the
Secretary by duly adopted resolution.
ARTICLE 14
TREASURER
Election
14.01. At the first meeting of the Board immediately following the annual meeting
of the Members, the Board shall elect a Treasurer.
Duties
14.02. The Treasurer shall:
(a) Receive and deposit in a bank or banks, as the Board may from time to time
direct, all of the funds of the Association.
(b) Be responsible for and supervise the maintenance of books and records to
account for the Association's funds and other Association assets.
(c) Disburse and withdraw funds as the Board may from time to time direct, in
accordance with prescribed procedures.
(d) Prepare and distribute the financial statements for the Association required by
the Declaration.
ARTICLE 15
POWERS AND RESPONSIBILITIES
General Powers and Duties
15.01. The Association shall carry out all of the responsibilities and duties, and shall
possess all of the powers, set out in the Declarations, acting by and through its Board and
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officers. All enforcement of restrictions, assessments, liens, maintenance and other
elements of the Declarations shall be diligently and consistently carried out by the
Association.
15.02. The Association may deem it appropriate to establish different Rules and
Regulations for the separate communities or subdivisions within Castlegate 0, but all of
such action shall be taken by the Association, and not by any one community or
subdivision acting alone. No separate Rules or Regulations for communities within
Castlegate 11 shall alter or amend the Declarations, but may supplement the Declarations
for that community or subdivision by more restrictive, but not less restrictive, Rules or
Regulations. If the Association desires to do so, subcommittees of the Board may be
created to oversee the separate Rules or Regulations for separate communities within
Castlegate II.
ARTICLE 16
BOOKS AND RECORDS
Maintenance
16.01. Complete and correct records of account and minutes of proceedings of
meetings of Members, Directors, and committees shall be kept in the possession of the
officers or at the registered office of the corporation. A record containing the names and
addresses of all Members entitled to vote shall be kept at the registered office or principal
place of business of the Association.
Inspection
16.02. The Declarations, the membership register, the books of account, and the
minutes of proceedings shall be available for inspection and copying by any Member of the
Association or any Director for any proper purpose at any reasonable time.
ARTICLE 17
Amendment of Bylaws
17.01. These Bylaws may be amended, altered, or repealed at a regular or special
meeting of the Members of the Association by the affirmative vote in person or by proxy
of Members representing a majority of a quorum of the Association. Notwithstanding the
above, the percentage of voting power necessary to amend a specific clause or provision
shall not be less than the prescribed percentage of affirmative votes required for action to
be taken under that clause.
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HOMEOWNERS' ASSOCIATION OF CASTLEGATE 11,
INC.
By: 1� =�p� p
_ 1. c ..... twt { , President
1
3
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