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Canal City ByLaws

BY-LAWS AND CONSTITUTIONS OF CANAL CITY PROPERTY OWNERS ASSOCIATION, INC

ARTICLE I: NAME AND LOCATION

The name is Canal City Property Owners Association, Inc. hereinafter referred to as "CCPOA". The principal office of the CCPOA shall be located through P.O. Box 714, Tenaha, Texas 75974-0714, but meetings of members and Executive Committee may be healed at such places within the State of Texas, County of Galveston, as may be designated by the Executive Committee.

The Fiscal Year of the CCPOA shall be August 1-July 31 of each year, beginning with the year incorporation 1989.

ARTICLE II: PURPOSE

For the purpose of establishing a plan for the improvement and development of all lots within the said Canal City Subdivision, a Subdivision in Galveston County, Texas as shown by the map or plat of record in the office of County Clerk of Galveston County, Texas in Volume 1219 pages 627-639 dated June 29, 1957.

To promote the health, safety, and welfare of the residents within the above described property.

To exercise all the powers and privileges and to perform all of the duties and obligations of the CCPOA as set forth in the many Restrictions, Conditions, and Covenants of Canal City Subdivision.

ARTICLE III: DEFINITIONS

"CCPOA or Association" shall mean and refer to the Canal City Property Owners Association, Inc., and incorporated non-profit Texas Corporation.
"Lot" shall mean and refer to any plot of land shown upon the record map of the Canal City Subdivision.
"Owner" shall mean and refer to the record owner of the fee simple title to any lot which is a part of Canal City Subdivision.
"Member" shall mean and refer to the owner of property in Canal City Subdivision.
"Covenant" shall mean and refer to the Restrictions, Conditions, and Covenants of Canal City Subdivision.
"Executive Committee" shall mean and refer to those seven (7) persons elected by the members of the CCPOA to act as Officers and directors of CCPOA.

ARTICLE IV: MEETIINGS

Section 1. Annual Meetings. The CCPOA shall conduct one meeting per year, which all members are urged to attend. The meeting, hereinafter called the Annual Meeting, shall be held the forth Saturday in July any place as designated by the Executive Committee.

Section 2. Special Meetings. The president or Executive Committee may call a special meeting of the CCPOA to consider any important and unusual matters that may be of concern to or require the vote of members.

Section 3. Executive Committee Meeting. The Executive Committee shall meet as often as necessary. A quorum for an Executive Committee meeting shall be a majority of the members.

Section 4. Notice of Annual Meeting. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting. By mailing a copy of such notice, postage prepaid, not less than fifteen (15) nor more than fifty (50) days before such meeting to each member addressed to the member’s address last appearing on the books of the CCPOA or supplied by such member to the CCPOA for the purpose of notice. Such notice shall specify the place, day, and hour of the meeting, and the purpose of the meeting. Notice of Annual Meetings shall be required.

Section 5. Quorum. Shall constitute those members present at any annual or called meeting where members have been duly notified as stated above. All business conducted at any meeting shall be by majority vote of all property owners present.

ARTICLE V: EXECUTIVE COMMITTEE

Section 1. Executive Committee. The affairs of the DCCPOA shall be managed by an Executive Committee of seven (7) members, who also act as Officers and Directors of the CCPOA.

Section 2. Term of Office. The initial Committee for the CCPOA shall hold office until the first annual meeting. At said annual meeting, the members shall elect all Executive Committee Members. All Executive Committee Members are elected for a term of two (2) years.

Section 3. Nomination. Nomination for election to the Executive Committee 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 a member of the Executive Committee and two or more members of the CCPOA. The Nominating Committee shall be appointed by the Executive Committee prior to each annual meeting of the members. The Nominating Committee shall nominate candidates for the Executive Committee.

Section 4. Election. Election to the Executive Committee shall be by ballot. At the Annual Meeting the members may cast, in respect to each vacancy, one vote per property owner, regardless of number of lots owned. The person receiving the largest number of votes shall be elected. Cumulative voting shall not be permitted.

Section 5. Removal. Any Executive Committee Member may be removed without cause, by a majority vote of the members of the CCPOA and a new Executive Committee Member elected at that time. In the event of death, resignation or removal, his successor shall be elected by the remaining members of the Executive Committee and shall serve until the next Annual Meeting at which time a permanent replacement will be elected by the CCPOA.

Section 6. Compensation. No Executive Committee Member shall receive compensation for any service he may render to the CCPOA provided, however, any Member may be reimbursed for his actual expenses incurred in the performance of his duties.

ARTICLE VI: POWERS AND DUTES OF THE EXECUTIVE COMMITTEE

Section 1. Powers. The CCPOA, by and through its Executive Committee shall have the following rights and powers;

a) suspend the voting rights and right to the use of any facilities or services provided by CCPOA of a member during any period in which such member shall be in default in the payment of any assessment levied by the CCPOA;

b) exercise for the CCPOA all powers, duties and authority vested in or delegated to the CCPOA and not reserved to the membership by other provisions of these by-laws;

c) consider the office of a member of the Executive Committee to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Executive Committee;

d) employ a manager, an independent contractor, or such other employees as it deems necessary, and to prescribe their duties and the terms of employment of services; not to exceed the assessment set forth by the Members;

e) to exercise such other rights and powers granted to it under the Covenants, or these By-Laws;

Section 2. Duties. It shall be the duty of the CCPOA by and through its Executive Committee, to:

a) cause to be kept a complete record of all its acts and affairs and to present a statement thereof to the members at the Annual Meeting of the members or at any special meeting;

b) supervise all officers, agents, and employees of this CCPOA and to see that their duties are properly performed;

c) fix the amount of the annual assessment against properties subject to the majority vote of members of the CCPOA and take such actions as it deems appropriate to collect such assessments and to enforce the liens given to secure payment thereof;

d) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period;

e) issue, or cause an appropriate office to issue, upon demand by any member a receipt setting forth whether or not any assessment has been paid. If a receipt states that an assessment has been paid, such receipt shall be conclusive evidence of such payment;

f) procure and maintain such liability and hazard insurance as it may deem appropriate on any property or facility owned by the CCPOA; and

g) cause any officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.

ARTICLE VII OFFICERS AND THEIR DUTIES

Section 1. Enumeration of officers. The officers of this CCPOA shall be a President, a Vice President, a Secretary, and a Treasurer, who shall at all times be members of the Executive Committee.

Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Executive Committee following each annual meeting.

Section 3. Term. The officers of the CCPOA shall be elected annually by the Executive Committee and each shall hold office for two (2) years unless he shall resign sooner, or shall be removed or otherwise disqualified to serve.

Section 4. Special Appointment. The Executive Committee may elect such other officers as the affairs of the CCPOA may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Executive Committee may, from time to time, determine.

Section 5. Authority to Sign Checks. The Treasurer will have the authority to sign checks along with the co-endorsement of another Executive Committee member. Two signatures will at all times be required.

Section 6. Resignation and Removal. Any officer may be removed from office without cause by the Executive Committee. Any officer may resign at a time by giving notice to the Executive Committee, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Section 7. Vacancies. A vacancy in any office may be filled by appointment by the Executive Committee. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 8. Multiple Offices. No person shall simultaneously hold more than one office.

Section 9. Duties. The duties of the officers of the CCPOA are as follows:

PRESIDENT.. The president shall preside at the meeting of the Executive Committee; shall see that orders and resolutions of the Executive Committee are carried out; shall sign all leans, mortgages, deeds, and other written instruments and shall co-sign all promissory notes.
VICE PRESIDENT. The vice president shall act in the place and stead of the president in the event of his absence, inability or refusal to act and shall exercise and discharge such other duties as may be required of him by the Committee.
SECRETARY. THE secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Committee and of the members, serve notice of meetings of the Executive Committee and of the members, keep appropriate current records showing the members of the CCPOA together with their addresses, and shall perform such other duties as required by the Executive Committee.
TREASURER. The treasurer shall maintain all financial records and monies of the CCPOA. Provide at each meeting a current financial report. Be responsible for notification of annual assessments, and the appropriate records of same, and shall perform such other duties as required by the Executive Committee.
Section 10. Alternates. Alternates shall be elected or appointed at the annual meeting or as needed. Alternates will have no voting privileges on Executive Committee. Alternates shall attend all meetings.

Filled and Recorded: June 13, 2003

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