341824-Declaration Bylaws2021 - 202100211530 07/15/2021 3:35PM Page I of 13
"T •
The name of the association is Blackberry Farm Homeowners Association, Inc. (the
"Association"). The principal office of the Association shall be in Dallas County, Texas.
ARTICLE I
9
Section 1.01. Purpose. The purpose for which the Association is formed is to •
maintain and administer the Common Properties, and to perform any and all other functions of
the Association as described in and pursuant to that certain Declaration of Covenants,
Conditions and Restrictions f• Blackberry Farm, Coppell, Texas recorded in the real property
records of Dallas County, Texas (the "Declaration").
Section 1.02. Parties. All present or future Owners, tenants and future tenants of any
Lot, or any other person who might use in any manner the facilities of the Property are subjed
• the provisions and any regulations set forth in these Bylaws. The mere acquisition, lease •r
rental
• any Lot • the mere act • occupancy • a • will signify that these Bylaws are
accepted, approved, ratified, and will be complied with.
9UWW
1114 2101111010 P1
ARTICLE III
7:rE-*i42V9-"8-- AXT-V1,TR4G RIGPiTIG-M.
THE ASSOCIATION
MONO KI M No.
- Q611W--U ON WAY111,11, 4t a-
w�r-Kol Wilms] P] lie t;141GjNj&j fij-�] IN at*] G#L:]FzjTj r;:414j67;;j
Section 3.02. Transfer. Membership of an Owner in the Association may not be
severed from or in any way transferred, pledged, mortgaged or alienated except upon the sale
2021 - 202100211530 07/15/2021 3:35PM Page 5 of 13
(a) Vacancies by Death or Resignation. In the event of the death or
resignation of a Director, a successor Director shall be selected by a majority of the
remaining members of the Board and shall serve for the unexpired term of such Director.
(b) Vacancies by RemovaL Vacancies created by the removal of a Director
shall be filled only by the vote or written assent of a majority of the voting power of the
Association, regardless of class.
Section 4.05. Indemnification of Officers and Directors. Each Director and Officer
shall be indemnified by the Association as provided in the Declaration.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTOPPS
IN ii I
7
are to be filled. Such nominations must be made from among Members.
Section 5.02. Election of Board. Election of Directors will be by vote of the Members
present at the Annual Meeting. The Nominating Committee will submit its nominations to -the
Members present at the Annual Meeting for vote by written ballot. To be elected to the Board, a
candidate must receive a majority of the eligible votes cast by the Members voting. A Member is
entitled to cast as many votes as there are Directors to be elected but may not accumulate
votes.
Section
services that the Director may render to the Association. However, any Director may be
reimbursed for actual expenses incurred in the performance of the Director's duties.
ARTICLE VI
Section 6.01. Regular Meetings. Regular meetings of the Board shall be held no less
frequently than quarterly at such places and at such hour as may be fixed from time to time by
resolution of the Board. Notice of the agenda and place of meeting shall be delivered either
personally, by mail, by telephone or e-mail to the Directors not less than five (5) days prior to the
meeting. However, notice of a meeting need not be given to Directors who have signed a
waiver of notice or a written consent to the holding of the meeting.
Bylaws of Blackberry Farm Homeowners Association, Inc. Page 5
2021 - 202100211530 07/15/2021 3:35PM Page 6 of 13
Section 6.03. Quorum. A majority of the number of Directors shall constitute a quorum
for the transaction of business. Every act performed or decision made by a majority of the
Directors present at a duly held meeting at which a quorum is present shall be regarded as the
act of the Board.
Section 6.04. Open Meetings. All meetings of the Board shall be open to all Members,
but Members other than Directors may not participate in any discussion or deliberation unless
expressly so authorized by a majority of a quorum of the Board.
Section 6.05. Executive Session. The Board may, with approval of a majority of a
quorum, adjourn a meeting and reconvene in executive session to discuss and vote upon
personnel matters, legal matters, disciplinary matters, and orders of business of a similar
nature. The nature of any and all business to be considered in executive session shall first be
announced in open session.
Section 6.06. Action Without Meeting and Telephonic Meetings. The Board may
take actions without a meeting if all of its members consent in writing to the action to be taker
and may hold,duly called meetings between Directors by telephone.
If the Board resolves by unanimous written consent to take action, an explanation of the
action taken shall be sent by mail to all Directors within three days after the written consents of
all Board members have been obtained.
Section 6.07. Annual Meeting of Board of Directors. An annual meeting of the Board
shall be held immediately following each annual meeting of the Members for the sole purpose of
electing Officers pursuant to Section 8.02 below.
ARTICLE Vill
GENERAL POWERS AND DUTIES OF THE BOARD
(a) If, as and when the Board, in its sole discretion, deems necessary it may
take such action to enforce the terms and provisions of the Declaration and the Articles
of Incorporation and these Bylaws of the Association by appropriate means and carry
out the obligations of the Association hereunder, including without limitation, the
.Wc-r&kw. 2ftiiarnhft
services, the commencement of legal causes of action, the promulgation and
enforcement of the Association rules (herein so-called) which may include the
establishment of a system of fines and/or penalties, and to enjoin and/or seek legal
damages from any Owner for violation of such provisions or rules;
(b) To acquire, maintain and otherwise manage all the Common Properties
and all facilities, improvements and landscaping thereon, and all personal pro.pertv
acquired or owned by the Association;
Bylaws of Blackberry Farm Homeowners Association, Inc. Page -f
2021 - 202100211530 07/15/2021 3:35PM Page 7 of 13
(c) To execute all declarations of ownership for tax assessment purposes
2nd to pay any and all real and personal property taxes and other charges or
assessments assessed against the Common Properties, unless the same are separately
assessed to all or any of the Owners;
UN a I [SJ in Ian 1217'Kel @III] Lel swels (A - ------
(e) To make such dedications and grant such easements, licenses,
franchises, or other rights which in its opinion are necessary for street, right-of-way,
utility, sewer and drainage and other similar facilities or video services, cable television
services, security services, communication services and other similar services over the
Common Properties to serve the Property or any part thereof;
(f) To contract for and maintain such policy or policies of insurance as may
be required by the Declaration or as the Board deems necessary or desirable in
furthering the purposes of and protecting the interest of the Association and its
Members;
(g) To borrow funds to pay costs of operation secured by assignment ot
pledge of ;its rights against delinquent Owners to the extent deemed advisable by the
Board;
WolArt I I [e] Irt I I ION �� "Ift I a1z Di IzUl - -0 .1
W If, as and when the Board, in its sole discretion, deems necessary it may
take action to protect or defend the Common Properties or other property of the
Association fromloss or damage by suit or otherwise;
(k) To establish and maintain a working capital and/or reserve fund in an
amount to be determined by the Board;
(1) To make reasonable rules and regulations for the operation and use -Ui
the Common Properties and to amend the same from time to time; provided, however,
that any rule or regulation may be amended or repealed by an instrument in writing
signed by a majority of the Members or, with respect to a rule or regulation applicable ti:
less than all of the Property, by the Members in that portion of the Property affected
thereby;
(n) To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property owned by the Association, and if the proceeds are
insufficient to repair damage or replace lost property owned by the Association, to
assess the Members in proportionate amounts to cover the deficiency as set forth in
Article XI;
2021 - 202100211530 07/15/2021 3:35PM Page 8 of 13
(o) If, as and when the Board in its sole discretion deems appropriate, ti
provide services for the benefit of Members, including but not limited to security,
entertainment, recreation and education,
(p) To delegateits powers and duties to committees, Officers or employees,
employ a manager or other persons and contract with independent contractors or
managing agents who have professional experience to perform all or any part of the
duties and responsibilities of the Association, provided that any contract with a person or
entity appointed as a manager or managing agent shall be terminable without cause on
not more than thirty (30) days written;notice by the Association and shall have a term of
not more than one (1) year with successive one (1) year renewal periods upon the
mutual agreement of the parties;
Fit
I IIII�I�;I I Is I!!IJIr I IIIII! 1111111�1 I
(r) To fill vacancies on the Board except for vacancies created by the
removal of a Director.
Section 7.02. Procedure for Imposition of Fines. The Board may impose monetary
penalties and fines on behalf of the Association for failure of a Member to comply with the
governing instruments, provided that any imposition of penalties of fines must be done
according to the following procedure and in accordance with all applicable laws.
The Board shall give the accused Member a written notice of the action to be taken,
stating the reasons therefore, and a timely opportunity to be heard by the Board with respect to
the alleged Violation in accordance with Section 209.006 of -the Texas Property Code. The
notice shall be given personally to such Member or sentby registered mail to the last address of
such Member as shown on the records of the Association. If the Owner requests a hearing
under Section 209.007 of the Texas Property code, the hearing shall be conducted at the
principal place of business of the Association. The 'hearing shall be presided over by the
Chairman of the Board, who shall perform the following duties:
(b) Require that the charges be verified by testimony of the person or persol
making them;
(d) Allow the subject Member to cross-examine each witness following the testimony
of that witness;
IiIiIII11mm,
4: lir
(f) Allow the subject Member to call witnesses in her or her own behalf; and
(g) Allow the Directors conducting the hearing to question the witnesses after they
have been questioned by the subject Member.
The Board shall conduct the hearing in good faith and in a fair and reasonable manner.
Within five (5) days following the conclusion of the hearing, the Board or any agent for the
Association shall notify the Member in writing of any penalty, fine or other action determined by
the Board.
Bylaws of Blackberry Farm Homeowners Association, Inc. Page 8
2021 - 202100211530 07/15/2021 3:35PM Page 9 of 13
ARTICLE Vill
Section 8.01. Enumeration of Officers. The officers of this Association (herein
referred to individually as "an Officer' or collectively as "Officers") shall be as follows:
(a) A President, who shall at all times be a Director;
(b) A Vice -President, who shall at all times be a Director;
(e) Such other Officers as the Board may from time to time by resolution create, w11
-may or may not be Directors.
Section 8.02. Election of Officers. The election of Officers shall take place at the firsl
meeting of the Board following each annual meeting of the Members, with the term of office
commencing on the first day of the next month following the Officer's election.
Section 8.03. Term. The Officers shall be elected annually by the Board and each
shall hold office for one year unless such Officer shall sooner resign, or shall be removed, ot
otherwise disquaed to serve.
Section 8.04. Special Appointments. The Board may elect such other Officers as the
affairs of the Association may require, each of whom shall hold office for such period, having
such authority, and perform such duties as the Board may, from time to time, determine.
Section 8.05. Resignation and Removal. Any Officer may be removed from office by
the Board with or without cause. Any Officer may resign at any time by giving written notice to
the Board, the President or the Secretary. Such resignation shall take effect on the date of
receipt of such notice or at any 'later time specified therein, and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 8.06. Vacancies. A vacancy in any office may be filled by appointment by the
Board. The Officer appointed to such vacancy shall serve for the remainder of the.term of the
replaced Officer.
Section 8.07. Multiple Offices. One person may hold multiple offices, but the san;T
person shall not hold the office of President and Secretary, A person may serve as both
Director and Officer. a
(a) President. The President shall preside at all meetings of the Board; shall see
that orders and resolutions of the Board are carried out and shall sign all leases,
mortgages, deeds and other written instruments.
2021 - 202100211530 07115/2021 3-35PM Page 10 of 13
(b) Tice President. The Vice President shall act in the place and stead of the
President in the event of the President's absence, inability or refusal to act, and shall
axercise and discharge such other duties as may be required by the Board.
(c) Secretary. The Secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the Members; serve notice of meetings of
the Board and of the Members; keep appropriate current records showing the Members
of the Association together with their addresses, and shall perform such other duties as
-required by the Board.
(d) Chief Financial Officer. The Chief Financial Officer shall receive and deposit
•• •• 1),2Ak ?cc,*YAtS 211 MAies ,if tXe
as directed by resolution of the Board and be responsible for the preparation and filing of
all required budgets, financial statements and tax returns.
Section 9.01. The following financial reports shall be prepared and made available to
each Member and to each Eligible Lender requesting the same, regardless of the number of
Members or the amount of assets of the Association:
(a) Budget. A pro forma operating statement (budget) for each fiscal year
shall be adopted by the Board not less than 30 days before the beginning of the fiscal
year; and shall include projected assessments and expenses for the Association. No
delay in the adoption of the annual budget shall relieve any Owner from its obligation to
pay assessments nor result in any liability to any Officer, Director or management
company for the Association.
(b) Annual Report. An un -audited (unless an audited report is required
pursuant to the Declaration) annual report consisting of the following within 90 days after
the close of the fiscal year:
A balance sheet as of the end of the fiscal year;
(ii) An operating or income statement for the fiscal year; and
XZEME��
ARTICLE X
Section 10.01. Inspection by Members. The membership register, books of account
and minutes of meetings of the Members, of the Board and of committees shall be made
available for inspection and copying by any Member of the Association, or by the Member's
appointed representative, at any reasonable time and for a purpose reasonably related to the
Member's interest, at the office of the Association or at such other place within the Property as
the Board shall prescribe.
Section 10.02. Rules for Inspection. The Board shall establish reasonable rules wi
respect to: i
Bylaws of Blackberry Farm Homeowners Association, Inc. Page 10
2021 - 202100211530 07115/2021 3-35PM Page 11 of 13
(a) Notice to be given to the custodian of the records by the Member desiring to
make the inspection;
(b) Hours and days of the week when such an inspection maybe made; or
(c) Payment of the cost of reproducing copies of documents requested by a
Member.
Section 10.03. Inspection by Directors. Every Director shall have the absolute right
at any reasonable time to inspect all books, records, and documents of the Association and the
physical property owned by the Association. The right of inspection by a Director includes the
right to make extra copies of documents.
ARTICLE XI
ASSESSMENTS
Article TV of the Declaration regarding the imposition and collection of assessments is -
incorporated herein by reference as if fully -stated in these Bylaws.
Ewa=
UJ1Iq�l11'1IAzl11&'J
111411 if
[a IN11141111 W, 1 19*010 0
In addition to the foregoing, the Board of Directors, upon obtaining the wri en consent of a
majority of the Directors attending a duly called regular or special meeting of the Board where a
quorum is present, may alter or modify these Bylaws for the purpose of correcting errors or
omissions and to provide clarification without in any way abrogating the terms and conditions
hereof.
OKM��
I �1' I KA 4 11 W_3 k' 1:1011 &-1
Section 13.01. Fiscal Year. The fiscal year of the Association shall begin on the first
day of January and end of the 31st day of December of every year, except that the first fiscal
year shall begin on the date Subdivision receives final approval from the City of Southlake for
the completion of development construction.
Section 13.02. Interpretation. In the case of any conflict between the Certificate of
Formation and these Bylaws, the Certificate of Formation shall control; and in the case of any
conflict between the Declaration and these Bylaws, the Declaration shall control; provided,
however, to the extent reasonably practical, the Certificate of Formation, Bylaws and
Declaration shall be construed and interpreted together as consistent and non -conflicting
documents, such being the intent thereof.
Bylaws of Blackberry Farm Homeowners Association, Inc. Page 11
2021 - 202100211530 07115/2021 3-35PM Page 12 of 13
1, the undersigned, the duly elected and acting Secretary of Blackberry Far
Homeowners Association, Inc., a non-profit corporation, do hereby certify.: i
That the with -in and foregoing Bylaws were adopted as the Bylaws of said corporation on
July 15, 2021, and that thesame do now constitute the Bylaws of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
said corporation on July 15, 2021.
This instrument was acknowledged before me on the I D �day 01.1 A&�� 2021,
by MEGAN LOZANO as Secretary of Stony Brook Southlake Ass66iationo nc., a Texas
nonprofit corporation, on behalf of said nonprofit corporation
CHERYL LYNN SLOO�T
Notary Public, State of Texas
Comm. Expires 05-08-2021115
Notar 1 11697657
AFTER RECORIJ01G, PLEASE RETI-R11-TCY
Creekside Land Company, Ltd.
225 E. Highway 121, Suite 120
Coppell, Texas 75019
Y PUBLIC
Bylaws of Blackberry Farm Homeowners Association, Inc. Page 12
Recorded On: July 15, 2021 03:35 PM
Total Recording: $70.00
2021-202100211530 07/15/2021 3:40 PM Page 13 of 13
Dallas County
John F. Warren
Dallas County Clerk
Instrument Number: 202100211530
eRecording - Real Property
Number of Pages: 13
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
202100211530
20210715001153
Recorded Date/Time: July 15, 2021 0335 PM
User: Lynn G
Station: CC18
Record and Return To:
eRecording Partners
400 Second Avenue South
Minneapolis MN 55401
STATE OF TEXAS
`OVHTY, % COUNTY OF DALLAS
* I hereby certify that this Instrument was FILED In the File Number sequence an the date/time
i printed hereon, and was duly RECORDED in the Official Records of Dallas
County, Texas.
John F. Warren
Dallas County Clerk
Dallas County, TX