Information about the Forest Bend HOA
The Board meets on the 2nd Thursday of every month at 7:00PM at the club house at 4300 Laura Leigh.
Effective January 1, 2010
Summaries of services provided:
- Maintain all files and records of the association
- Handle all phone calls from homeowners and title companies
- Store association records in climate controlled storage for seven years
- Maintain 24 hour voice mail and emergency phone
- Prepare bid specifications and obtain bids for contracted services
- Oversee work of contractors
- Maintain appropriate and required insurance coverage
- Organize, send notice and attend all meetings of the board of directors and members
- Record minutes of all meetings for board approval
- Enforce deed restrictions to include two monthly inspections of the entire subdivision and mailing of notices to homeowner and/or tenants if applicable
- Maintain a complete and accurate general ledger and journal of the activities and status of funds
- Prepare and submit checks for the board's signature in payment of the associations debts and obligations
- Invest association funds at the direction of the board
- Work with a CPA of the association's choice in preparation of the income tax return and annual audit
- Mail annual maintenance fee statements and one delinquent statement, deposit payments and maintain accurate ledgers of status of accounts
- Prepare the annual budget for the board's approval
- Prepare and submit monthly reports to the board of directors regarding all aspects of management services
- Testify in court on behalf of the association regarding delinquent fees and deed restriction violations
- Welcome Packages
- Photo Pool Identification Cards
Assessment for 2011 is $120.00 which was due January 1, 2011. A late fee charge will be added to all accounts that have not been paid in full by January 31, 2011. If you need to set up a PAYMENT PLAN, please phone AVR at 281-481-8062.
Forest Bend Homeowners Association, Inc.
Neither the presentation of this material on this website nor the printing of this material constitutes a legally binding document. This material is for informational purposes only. For a set of legally valid documents, contact the association business office by mail at 12929 Gulf Freeway, Suite 320, Houston, TX 77034 or by phone at (281)
481-8062. There is a handling charge for providing copies of legal documents. Please check with the business office for the current fees.
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Article I - Name and Location
Article II - Definitions
Article III - Membership
Article IV - Property Rights * Right of Enjoyment
Article V - Board of Directors * Selection * Term of Office
Article VI - Meeting of Directors
Article VII - Nomination and Election of Directors
Article VIII - Powers and Duties of the Board of Directors
Article IX - Committees
Article X - Meeting of Members
Article XI - Officers and Their Duties
Article XII - Assessments
Article XIII - Books and Records
Article XIV - Corporate Seal
Article XV - Fiscal Year
Article XVI - Amendments
The name of the corporation is FOREST BEND HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the Association. The registered office of the corporation shall be located at 12929 Gulf Freeway, Suite 320, Houston, TX 77034. Meetings of members and directors shall be held at such places within the County of Harris, as may be designated by the Board of Directors.
Association shall mean and refer to FOREST BEND HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
Properties shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, of record in Vol. 8049, page 357, Deed Records of Harris County, Texas, and such additions thereto as may be brought within the jurisdiction of the Association under the provisions of said Declaration or the Charter of the Association.
Common Area shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association is described as follows: Reserve "E" as described in the Declaration and the buildings, structures, and improvements which may be constructed thereon.
Lot shall mean and refer to that portion of any of the plots of land shown upon the recorded subdivision map of Forest Bend, Section 1, 2, 3, 4, 5, 6, or Forest Creek, on which there is or will be built a single family dwelling. There is excepted hereof the hereinbefore described Common Area along with other Reserves as noted on said subdivision map.
Owner shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, but excluding those having such interest merely as security for the performance of an obligation.
Declaration shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions applicable to the Properties recorded in Vol. 8049, page 357, in the Office of the County Clerk of Harris County, Texas.
Member shall mean and refer to those persons entitled to membership as provided in the Declaration.
Section 1 - Membership
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot, which is subject by covenants of record, to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.
Section 2 - Suspension of Membership
During any period in which a member shall be in default in the payment of any annual or special assessment, legal fees or collection costs levied by the Association, the voting rights, the right to hold office in the association, and the right to use the recreational facilities of such member will be suspended until such assessment has been paid. Such rights of a member may also be suspended after notice and hearing, for a period not to exceed 90 days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.
Each member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers, so long as they reside on the property. Such member shall notify the Association, in writing of the name of any such delegee. The rights and privileges of such delegee are subjects to suspension to the same extent as those of the member.
Section 1 - Number
The affairs of the Association shall be managed by a Board of Five (5) directors.
Section 2 - Election
At the first annual meeting the members shall elect one (1) director for a term of one (1) year, two (2) directors for a term of two (2) years and two (2) directors for a term of three (3) years; and at each annual meeting thereafter the members shall elect the directors for a term of three (3) years to fill each expiring term.
Section 3 - Removal
Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successors shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4 - Compensation
No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 5 - Action Taken Without A Meeting
The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Section 1 - Regular Meetings
Regular meeting of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, the meeting shall then be held at the same time on the next day which is not a legal holiday.
Section 2 - Special Meetings
Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3 - Quorum
A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of directors present a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Section 1 - Nomination
Nomination for election to the Board of Directors may be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. A nominating committee shall consist of a Chairman, who shall be a member of the Board of Directors., and two or more members of the Association. The committee shall be appointed by the Board of Directors prior to the annual meeting, to serve until the close of the annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall determine, but not less than the number of vacancies that are to be filled. Such nominations shall be made from among members in good standing.
Section 2 - Election
Election to the Board of Directors shall be by secret written ballot cast at the annual meeting. At such election the members may vote in person or by proxy, in respect to each vacancy, as many votes as they are entitled to cast under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 1 - Powers
The Board of Directors shall have Power:
(a) To adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
(b) To exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration;
(c) To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors without just cause having been furnished to and accepted by the Board;
(d) To establish, disburse and maintain such petty cash fund as necessary for efficiently carrying on the business of the Association;
(e) To engage the services of a manager, as independent contractor, or such employees as it deems necessary, and to prescribe the conditions, compensation and duties of their work. Such power shall include authority to enter into management agreements with other parties to manage, operate or perform all or any part of the affairs and business of the Association.
Section 2 - Duties
It shall be the duty of the Board of Directors:
(a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting, when such statement is requested by one-fourth (1/4) of the members who are entitled to vote;
(b) To supervise all officers, agents and employees of the Association, and to see that their duties are properly performed;
(c) As more fully provided herein, and the Declaration;
(1) To fix the amount of the annual assessment for each Lot at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XII and
(2) To send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period;
(d) To issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made for the issuance of these certificates. Such certificates shall be conclusive evidence of any assessment therein stated to have been paid;
(e) To procure and maintain adequate liability and hazard insurance on property owned by the Association;
(f) To procure insurance against loss or damage by fire or other hazard on any property owned by the association;
(g) To cause all officers, employees or agents, having fiscal responsibility to be bonded or insured as it may deem appropriate;
(h) To cause the Common Area to be maintained; and
(i) To cause the exterior of the Lots and homes thereon to be maintained.
The Association shall appoint an Architectural Control Committee, as provided for in the Declaration, a Nominating Committee, as provided for in these By-Laws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its purposes, which may include for example, but not by way of limitation, the following:
(a) A Recreational Committee to advise the Board of Directors on all matters pertaining to the recreational program.
(b) A Maintenance Committee to advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties.
(c) A Publicity Committee to advise the Board of Directors and under the direction of the board prepare news releases and announcements in the best interest of the Association.
(d) An Audit Committee who may examine the association books and approve the annual budget and statement of income and expense that is presented at the annual meeting of the membership.
The function of each committee shall be to receive complaints from members on matters involving Association duties and activities within its responsibility. It shall dispose of such complaints as it deems appropriate or refer them to other committees, director or officer of the Association for disposition.
Section 1 - Annual Meeting
The first annual meeting of the members hall be held within one year from the date of incorporation of the Association and each subsequent annual meeting of members shall be held during the same month of the year at 7:00 o'clock p.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the day following the legal holiday.
Section 2 - Special Meetings
Special meeting of the members may be called at any time by the president or Board of Directors, or upon written request of ¼ of all members eligible to vote.
Section 3 - Notice of Meetings
Except as otherwise provided in the Articles of Incorporation, the Declaration, or these by-laws, 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 meetings, by mailing a copy of such notice, postage paid, at least 15 days before such meeting to each member entitled to voted there at, addressed to the members last known address of record on the books of the Association, or supplied by such member to the Association for the purpose of mailing said notice. Such notice shall specify the place, day and hour of the meeting and in the case of a special meeting, the purpose of the meeting.
Section 4 - Quorum
The presence at the meeting of members entitled to cast or of proxies entitled to cast, one-tenth (1/10) of the votes of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented.
Section 5 - Proxies
At all meetings, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.
Section 1 - Enumeration of Offices
The officers of this Association shall be president who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time create, by resolution.
Section 2 - Election of Officers
The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3 - Term
The officers of this Association shall be elected annually by the Board and each shall hold officer for one year unless he shall resign, or be removed or otherwise disqualified to serve.
Section 4 - 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, have such authority and perform such duties as the Board may require.
Section 5 - Resignation and Removal
Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving 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, the acceptance of such resignation shall not be necessary to make it effective.
Section 6 - Vacancies
A vacancy in any office may be filled in the manner prescribed for regular election, or by appointment by the Board. The officer elected or appointed shall serve for the remainder of the term of the officer he replaces.
Section 7 - Multiple Offices
The offices or secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8 - Duties
The duties of the officers are as follows:
The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out, shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
The vice president shall act in place or stead of the president in the event of his absence, inability to act, and shall exercise and discharge such other duties as may be required of him by the Board.
The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by the Board of Directors; shall sign all checks and promissory notes of the Association; keep or cause to be kept proper books of account; cause or supervise an annual audit of the accounts of the Association at the completion of the fiscal year; shall help in the preparation of the annual budget and the preparation of a statement of income and expenses to be presented at the annual meeting each year.
Section 1 - Creation of the Lien and Personal Obligation of Assessments
By the Declaration each member is deemed to covenant and agree to pay the Association: (1) annual assessment or charges; and (2) special assessments for capital improvements.
The annual and special assessments, together with such interest thereon and costs, and reasonable attorney fees shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due and shall not pass to his successors in title unless expressly assumed by them.
Section 2 - Purpose of Assessments
The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area owned by the Association and areas affecting the houses situated upon the Properties.
Section 3 - Basis and Maximum of Annual Assessments
Until January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be $60.00 per lot.
(a) From and after January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall not be increased by more than 3% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 3% by a vote of two-thirds (2/3) of members entitled to vote in person or by proxy, at a meeting called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessment undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
(c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may levy the annual assessment at an amount not in excess of the maximum.
Section 4 - Special Assessments for Capital Improvements
In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement or a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that such assessment shall have the assent of two thirds (2/3) of the votes of members eligible to vote in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting, setting forth the purpose of the meeting.
Section 5 - Uniform Rate
Both annual and special assessments must be fixed at a uniform rate for all lots. Assessments may be collected on an annual or monthly basis (1/12th of the annual assessment) as directed by the Board.
Section 6 - Quorum for any Action Authorized under Sections 3 and 4
At the first meeting called, as provided in Section 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast sixty (60) percent of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called and the required quorum at such a meeting shall be one-half (1/2) of the required quorum of the preceding meeting.
Section 7 - Date of Commencement of Annual Assessments * Due Dates
The annual assessment provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of Directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period; provided, however, that the Board of Directors shall have the right to adjust the annual assessment as long as any such adjustment does not exceed the maximum permitted hereunder with 30 days written notice given to each owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall furnish at any time, upon demand, a certificate in writing, signed by a representative of the association, setting forth whether the assessment on a specific lot has been paid. A reasonable charge may be made for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8 - Effect of Non-payment of Assessment: Remedies of the Association
Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within 30 days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 7 1/2 percent per annum, and the Association may bring action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. The association or its agents shall have the right and power to bring all actions against such owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of trust lien on real property, and the Association shall have the power of sale in connection with said lien. The lien provided for in this section shall be in favor of the Association and shall be for the benefit of all other lot owners.
The Association acting on behalf of the lot owners shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey notwithstanding nonpayment of such defaulting owner's portion of the premium. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot.
Section 9 - Subordination of the Lien to Mortgages
The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages granted or created by the owner of any lot to secure the payment of monies advanced and used for the purpose of purchasing and/or improving such lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any lot after a foreclosure by the first lien holder (mortgage company) shall extinguish the lien of the association for such assessments which came due prior to the foreclosure. No sale or transfer shall relieve any lot from liability for assessments or liens that become due after the foreclosure of the first lien.
Section 10 - Exempt Property
All properties dedicated to and accepted by a local public authority; and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the state of Texas shall be exempt from the assessment created herein. No land devoted to a dwelling shall be exempt from said assessments.
The books and records of the Association shall at all times during reasonable business hours, be subject to inspection by any member, by appointment. No member shall have the right to inspect the confidential records of another member. The Declaration, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any member and copies may be purchased at a reasonable cost.
The Association shall have a seal in circular form having within its circumference the words: Forest Bend Homeowners Association, Inc.
The Fiscal Year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
These By-Laws may be amended, at a regular or special meeting of the members, by a vote of the majority of a quorum of members present in person or by proxy.
* * * * * End By-Laws * * * * *