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The following is posted on this Web Site for information purposes only:
By-Laws of Twin Isles Property Owners Association, Inc.
Section I: Development
1. Twin Isles Subdivision was developed by ASSCOA, Inc. of Kingsland,Llano County, Texas. A plat of this Subdivision was recorded in Volume 2, Page 40, of Plat Records of Burnet County, Texas, on the 9th of April 1968.
2. In 1980, when the ASSCOA Corporation was dissolved and its members disbanded, the Twin Isles Property Owners took the following action in order to keep the development of this real property on a high level for the benefit and pleasure of the property owners in said subdivision, and for the protection of property values:
a. Held a property owners meeting at Granite Shoals in November 22, 1980.
b. Organized the Twins Isles Property Owners Association.
c. Appointed a Board of Directors consisting of seven (7) Twin Isles property owners.
d. Directed the Board to prepare By-Laws and other legal papers required to establish the Association.
3. At this time there were two sets of Restrictive Covenants and Easements that applied to Twin Isles Subdivision, which are listed below:
a. "RESTRICTIVE COVENANTS AND EASEMENTS FOR TWIN ISLES", recorded in Volume 181, Pages 430-432 of Deed of Records of Burnet County on the 7th of May 1970 and
b. "RESTRICTIVE COVENANTS AND EASEMENTS FOR MOBILE HOME PARK FOR TWIN ISLES SUBDIVISION", recorded in Volume 182, Pages 616-619 of Deed of Records of Burnet County on the 15th of July, 1970.
4. A study of these documents by the Board of Directors revealed that both of them were out of date. Since both of these “Covenants” authorized amendment, the Board prepared an up-to-date, corrected and consolidated version, entitled, “AMENDMENT TO RESTRICTIVE COVENANTS AND EASEMENTS FOR TWIN ISLES”. After this was approved by the owners of the majority of the lots in the subdivision, as required by then existing “Covenants”, the new consolidated version of the “Covenants” was recorded in Volume 282, Pages 608-612 of Deed of Records of Burnet County on 23 March 1981.
5. In the meantime, the Board of Directors submitted appropriate legal documents to the State of Texas requesting that the Twin Isles Property Owners Association be incorporated under the Texas Non-Profit Corporation Act, on the 4th of February 1981, the Secretary of State of Texas issued a “Certificate of Incorporation of Twin Isles Property Owners Association, Charter N umber 548819”.
SECTION II
PURPOSES
6. The purposes for which the corporation is formed are to maintain high standards in the development, management and maintenance of the real property in Twin Isles; to include roads, canals and parks; to insure good health standards, property values and appearances and to make Twin Isles a pleasant and profitable place in which to live.
7. All present and future owners, all present and future tenants, and all persons who might use the facilities of the subdivision in any manner are subject to the regulations of these By-laws. The mere rental, acquisition or occupancy, whether temporary or otherwise, of any property in the subdivision will signify that these By-laws are accepted, ratified and will be complied with.
SECTION IV
MEMBERSHIP
8. Members of the Twin Isles Property Owners Association, Inc. shall be all persons who are owners of real property in Twin Isles Subdivision.
9. When any member ceases to own property in Twin Isles, that person ceases to be a member of this Association automatically, without any action on the part of the Association or its Board of Directors.
10. Such termination of membership in the Association shall not relieve or release any former member from any liability or obligation incurred under or in any way connected with Twin Isles Property Owner Association, Inc. during the period of such membership in the Association, or impair any rights or remedies which the Board of Directors of the Association may have against such former owner and member, arising out of or in any way connected with such ownership or membership or the covenants or obligations incident thereto.
11. Any member of the Association is in good standing only when their account with the Association is no more than sixty (60) days past due, and when they and their property meet or exceed all standards, requirements and restrictions of:
a. Amendment to Restrictive Covenants and Easements for Twin Isles.
b. By-Laws of the Twin Isles Property Owners Association, Inc.
c. Texas Department of Health.
d. Lower Colorado River Authority (LCRA).
e. Burnet County Department of Health.
12. Only members of this Association who are in good standing may hold office, be a member of any board or committee, officially represent the Association, or cast a ballot (vote). If a member loses his good standing while serving in any of these capacities, that status is automatically terminated and he may not serve again in any of these capacities until a period of at least six (6) months has passed after he has been restored to good standing.
13. The Board of Directors may rule that a member of the Association remain in good standing when the violation mentioned above is considered to be insignificant or justified under the circumstances.
14. All Twin Isles Property Owners in good standing shall have equal rights within the Association. These rights include the right to be appointed as an individual or as a committee member to assist the Association; the right to have their names placed on a ballot for possible election to the Board of Directors; the right to be elected to and serve on that Board; the right to be appointed to fill the unexpired term of an ex-Board Member; and the rights to be elected to and hold an Officer position of the Board and of the Association in accordance with the procedures set forth in these By-Laws.
15. No Twin Isles Property Owner in good standing can be denied any such rights because he does not maintain his principal residence in Twin Isles; because he does not own a dwelling in Twin Isles or because he spends only a portion of his time in Twin Isles, to deny him any of his full rights for any of these reasons would constitute “Taxation without Representation”. But note that these By-Laws require all Members of the Board of Directors to meet minimum attendance standards or be dropped from membership on the Board.
16. When any two or more people jointly own real property in Twin Isles, they shall be counted as one Member of the Association and only one of them may cast the vote authorized for that property owner. And whether property is owned by one individual or is owned jointly by two or more individuals, only one vote may be cast as the owner of that property.
SECTION V
ASSOCIATION MEMBERSHIP MEETINGS
17. There shall be an Annual Meeting of Members of the Association, within two (2) months after fiscal year end, ending June 30, each year at a place and time to be designated by the Board of Directors. The place of the meeting must be within thirty (30) miles of Twin Isles Subdivision.
18. A Special Meeting of the Members of the Association may be called by the Board of Directors on its own initiative or when petitioned to do so.
19. A petition submitted to the Board, calling for a Special Meeting of Members of the Association, must be in writing, must contain the signatures of not less that twenty-five (25) percent of the property owners, must state the purpose of the Meeting and be accompanied by funds to defray the costs of the Meeting. See paragraph twenty-one (21) below.
20. Notice of any Meeting of the Members of the Association, whether it is an Annual or a Special Meeting, shall b e written or printed an d shall state of date, hour and place of the Meeting; whether a Regular of a Special Meeting, and if it is a Special Meeting, the reason the Meeting is being called. The notice may be delivered or mailed. If it is mailed, it must by postmarked at least twenty (20) days prior to the Meeting, but no more that forty (40) days prior to it.
21. The cost of sending the notices and cost of conducting the Special Meeting ( such as rent for a place in which to meet, cost of preparing and mailing notices, etc.) called by request of a group of members shall be borne by the members requesting the Special Meeting. The notices shall not be sent out unless the petition includes sufficient funds to defray the anticipated expenses of calling and holding the Special Meeting.
22. No business shall be transacted at a Special Meeting except as stated in the notice, unless a majority of the property owners present approve the addition of this business, and a quorum is present.
23. At the Regular Annual Meeting of the Association Membership, the Board of Directors shall provide each property owner present, with a ballot to vote for members to be elected to the Board of Directors to replace those Members of the Board whose terms of service are expiring. The ballot shall list at least half again, but not more than twice as many members for possible election as the number of Board Members whose terms are expiring. The ballot shall include a brief description of each candidate, and shall also list those Board Members whose terms continue for another year. Expiring Board terms will be filled by those candidates who are given the highest numbers of votes by Members of the Association. Members so elected to the Board will serve a two (2) year term. The property owners may also transact such other business pertaining to the Association as may be properly brought before them.
24. As set forth in paragraphs thirty-two (32), forty-two (42) and forty-four (44) of the “AMENDMENT TO THE RESTRICTIV E COVENANTS AND EASEMENTS FOR TWIN ISLES”, a majority vote of all Twin Isles Property Owners is required before assessments may be increased or changes made in the Restrictive Covenants and Easements themselves. Each property owner has one vote as described in paragraph sixteen (16) of these By-Laws.
25. At both Regular Annual and Special Meeting of Members of the Association , at least twenty-five (25) percent of the Members is required to establish a quorum. When a quorum is present, the vote of the majority of the Members present shall be the act of the Membership Meeting and it shall bind the Corporation, subject to law, the Twin Isles Charter, and the Amendment to Restrictive Covenants and Easements for Twin Isles.
26. If a Regular Annual or a Special Meeting of the Members of the Association can not be organized because a quorum is not present, the property owners who are present may adjourn the meeting to a time and place convenient to the majority of the property owners present or elect to continue the meeting by a vote of those property owners present to continue.
27. At all meetings of Members of the Association, the name of each member attending the Meeting shall be recorded and any proxy authorizations must be filed with the Secretary (or other Member recording the attendance) before the Meeting is called to order. No proxy authorizations will be accepted after the Meeting has been called to order.
28. The use of Proxy votes is discouraged. When they are accepted, proxy votes will not be counted toward constituting a quorum, and only those property owners physically present will count toward a quorum. When discussion of the proposition during the Meeting brings out important new data or lines of reasoning that the proxy giver was not likely unaware of, the President or other Member conducting the Meeting, should not include or count the proxy votes in computing the balloting results.
29. The order of business at Regular Annual Meetings of Members of the Association shall be as follows:
a. Establishment of a quorum to conduct business.
b. Proof of notice of the Meeting, or waiver of notice.
c. Reading of the minutes of the preceding Meeting.
d. Financial report of the treasurer.
e. Budget report by the President.
f. Reports of other Officers and Committees.
g. Election of Members to be the Board of Directors.
H Unfinished business.
SECTION VI
BOARD OF DIRECTORS
30. This Corporation shall be managed by a Board of Directors consisting of not less that five (5) or more that seven (7) members duly elected to the Board, each of whom must be a member of this Association “in good standing” as described in paragraphs eleven (11), twelve (12), and thirteen (13) preceding.
31. If any Member of the Board ceases to be “a Member in good standing” as described above, his term on the Board shall end immediately and the remainder of the Board shall, by a majority vote, select another Association member who is “in good standing” to fill the unexpired term of the member whose term ended.
32. The term of office for each Board member shall b e two (2) tears.
33. The members of the Board of Directors elected at the annual meeting, will decide by lot such as cutting cards, drawing numbers, etc. which three members shall serve a one (1) year term and therefore be the first ones up for replacement or re-election at the regular Annual meeting of members of the Association. The other members of the Board shall serve tow (2) years terms and therefore be up for replacement or re-election at next Annual Meeting.
34. No member of the Board of Directors shall serve more than two (2) terms of two (2) years each ( total of four (4) years ) without being off the Board for at least one (1) year, before he can be placed on the ballot again for possible re-election.
35. Any one or more members of the Board of Directors may be removed with or without cause, by the majority vote of the property owners present at any Regular Annual Meeting or any Special Meeting of Members of the Association called for the purpose, provided a quorum is present at the meeting. Any Director whose removal has been proposed by the property owners shall be given an opportunity to be heard and to speak in his own behalf before the ouster vote is taken. Successors for any Directors so removed will be elected then and there to bill the Board vacancies thus created. The election of these successors also requires the majority vote of the property owners present at the Meeting and that a quorum is present at the Meeting.
36. Vacancies on the Board of Directors, caused by any reason other than the removal by a vote of property owners, shall be filled by a majority vote of the remaining Directors, even though they may constitute less than a quorum. Each person so elected shall hold office for the remainder of the term for which the Director he replaces was elected.
37. The Board of Directors shall hold four (4) Regular Meeting each year, starting in September, December, March and June, at a time and place for all property owners may attend.
Continued on Page 2 of By-Laws
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By-Laws Page No. 1
