BY-LAWS
OF
STEEPLECHASE ADDITION PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE I
OFFICES
Section 1. The name of the corporation is STEEPLECHASE
ADDITION PROPERTY OWNERS ASSOCIATION, INC., hereinafter referred to
as “the Association”.
Section 2. The principal business office of the corporation shall be
located at 46 Steeplechase, Midlothian, Texas 76065; but meetings of the
members and Directors may be held at such places within Ellis County,
Texas, as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. “Association” shall mean and refer to STEEPLECHASE
ADDITION PROPERTY OWNERS ASSOCIATION, INC,. its successors and
assigns.
Section 2. “Declaration” shall mean and refer to that certain
Declaration of Restrictions (titled “Declaration of Restrictions for
Steeplechase Addition, and Addition to Ellis County, Texas”), naming
therein as “Declarant” Bond-Eddings Development, Inc., the Declaration
being filed for record on July 5, 1984, under Ellis County Clerk’s No. 10548
and recorded in Vol. 708, Page 405, Deed Records of Ellis County, Texas,
together with all amendments and supplementary declarations thereto
from time to time properly adopted.
Section 3. “Subject Property” or “Steeplechase Addition” shall
mean and refer to the following:
Steeplechase, and addition to the City of Midlothian, Texas as
recorded in Volume B, Page 107 of the Map Records of Ellis County.
Section 4. “Common Area” shall mean all real property within the
Subject Property owned by the Association for the common use and
enjoyment of the Owners.
Section 5. “Lot” or “Parcel” shall mean and refer to any of the
building sites (which excepts the Common Area) which are a part of the
Subject property and on which there are or will be constructed, single
family living units which are to be individually and separately owned.
Section 6. “Owner” shall mean and refer to the record owner,
whether one or more persons or entities , of an interest in the fee simple
title to any Lot which is a part of the Subject property, including sellers
pursuant to contract-for-deed and any person or entity holding legal title
as trustee, but excluding those having such interest merely as a security for
the performance of an obligation.
Section 7. “Declarant” shall mean and refer to Bond-Eddings
Development, Inc,. its successor and assign, E. R. Day d/b/a Steeplechase
Properties, his successors and assigns, to which Declarant may assign its
rights and privileges, duties and obligations hereunder, which are and
shall be assignable.
Section 8. The term “Member” shall mean and refer to those
persons entitled to membership in the Association as provided in the
Declaration.
Section 9. The term “Articles of Incorporation” shall refer to the
Articles of Incorporation of the Association, together with all amendments
thereto, and the term “By-Laws” shall refer to these By-Laws, together with
all amendments thereto.
ARTICLE III
MEMBERSHIP IN HOMEOWNER’S ASSOCIATION
Upon the sale by Declarant of each lot within Steeplechase
Addition the owner thereof shall be conclusively presumed to have
affirmatively agreed to participate in the Association, including the
payment of all annual and special assessments, and purchaser agrees to
join said Association and comply with all its covenants and conditions,
and such participation in the Association shall be a covenant running with
the land and binding upon the heirs, successors and assigns of the
purchaser.
The membership of the corporation shall consist of every person or
legal entity who is, or may hereafter become the record owner of a fee
interest to a residential lot in Steeplechase Addition, provided however,
that any such person or entity who holds such interest merely as security
for an obligation shall not be a member. Any member who sells, or
otherwise disposes of (by operation of law or otherwise) such interest
required for membership shall thereupon cease to be a member of the
corporation and any office which such member shall have held or any
office an agent of such member shall have held, shall be vacated by
such cessation of membership.
In the event a lot in such subdivision shall be owned by more than
one person, the membership rights held by the entire ownership of such
lot shall constitute only one membership hereunder and each such
fractional owner shall own and be entitled to vote only the fractional
membership interest owned by such member.
ARTICLE IV
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the
members shall be held within one year from the date of incorporation of
the Association and at a time and place designated by the President of
the Board of Directors, and each subsequent regular annual meeting of
the members shall be held on the second Tuesday of September of each
year thereafter, at a time to be selected by the Board of Directors. If the
day for the annual meeting of the members is a legal holiday the meeting
will be held and the same hour on the first day following which is not a
legal holiday.
Section 2. Special meetings and place of Meetings. Special
meetings of the members may be called at any time by the President or
the Board of Directors, and shall be called by the President upon written
request of a least one-fourth (1/4) of all of the membership (as defined in
the Declaration).The President shall designate the place of meeting for
any special meeting called by the President, and the Board of Directors
shall designate the place of meeting for any special meeting called by
the Board of Directors.
Section 3. Notice of Meetings. Written notice of each meeting of
the members shall be given by, or at the direction of, the Secretary or
persons authorized to call the meeting, by mailing a copy of such notice,
postage prepaid, not less than ten (10) days nor more than fifty (50) days
before such meeting to each member entitled to vote thereat, 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.
Such notice shall specify the place, day and hour of the meeting, and, in
the case of a special meeting, the purpose or purposes of the meeting.
Section 4. Quorum. The presence at the meeting of members
entitled to cast, or of proxies entitled to cast, at least one fourth (1/4) of
the votes of the 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 further notice other than announcement at the meeting, until a
quorum as aforesaid shall be present or be represented. A such
adjourned meeting at which a quorum shall be present or represented,
any business may be transacted which might have been transacted at
the meeting as originally called. If a quorum is present at any meeting of
members, unless otherwise expressly provided by statute, the Articles of
Incorporation, the Declaration or these by-laws, all questions voted upon
shall be decided by a simple majority of the votes cast, including
adjournment of the meeting from time to time without further notice.
Section 5. Proxies. 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 before or at the time of the meeting. Every proxy shall be
revocable and shall thereafter automatically cease upon written notice
of such to the secretary by the member giving the proxy.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Number and Term. The affairs of this Association shall
be managed by a board of Directors, to consist of three members, each
of whom shall serve until the first annual meeting of the members and until
his successor is duly elected and qualified, as provided for in the Articles of
incorporation. Directors shall be elected for term of two (2) years. At any
given time, the Association shall have no more than one (1) Director who
does not reside at Steeplechase Addition.
Section 2. Removal. Any Director may be removed from the
Board, with or without cause, by a majority vote of the members of the
Association.
Section 3. Vacancies. Any vacancy occurring in the board of
Directors, including the initial board of Directors, shall be filled to the
unexpired term by majority vote of the remaining Directors, or Director,
although they may be less than a quorum.
Section 4. Quorum. At all meetings of Directors the presence of a
majority of the Directors shall constitute a quorum, and unless otherwise
provided for or required by statue or in these By-Laws, all questions at any
meeting at which a quorum is present, shall be determined by a majority
of the votes cast. If less than a quorum is present at any meeting, a
majority of the Directors present may adjourn the meeting from time to
time without further notice.
Section 5. Regular Meetings. A regular meeting of the Board of
Directors shall be held without notice, other than the notice given in these
By-Laws, immediately after and at the same place as the annual meeting
of the members. The board of Directors may provide by resolution the
time and place of the holding of additional regular meetings of the Board
without other notice than such resolution.
Section 6. Special meetings. Special meetings of the Board of
Directors may be called by or at the request of the President or by or at
the request of any two of the Directors then in office. The person or
persons authorized to call such special meeting of the Board may fix he
date, time and place for such meeting. Written notices of special
meetings shall be given at least five (5) days prior to the date of meeting
by personal delivery or by mail or telegram addressed to the address of
each Director as last shown by the records of the Association. If mailed,
such notice shall be deemed delivered as of the date when deposited in
the United States mail, postage prepaid. Each notice shall briefly set out
the purpose of the meeting, and the time, date and place of the
meeting. The attendance of a Director at any special meeting shall
constitute a waiver of notice of such meeting.
Section 7. Compensation. Directors as such shall not receive nor
be entitled to any pay or compensation for their services as Directors, but
nothing herein shall be construed to preclude or prevent any Director
from being reimbursed for out-of-pocket expenses incurred for the
performance of his duties or from serving the Association in any other
capacity and receiving compensation therefore.
Section 8. Written Consent. Any action required by law or in these
By-Laws to be taken at a meeting of the Board of Directors, or any action
which may or could be taken at a meeting of the Directors, regular or
special, may be taken without a meeting if a consent in writing, setting
forth the action so taken, shall be signed by all of the Directors and
recorded in the records of the Board, whereupon the same shall have the
same effect as though taken at a meeting of the Directors.
ARTICLE VI
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of
Directors shall be made by a nominating committee. Nominations may
also be made from the floor at any annual meeting at which Directors are
to be elected. The 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 who may, but need not be, members of the
Board of Directors. The nominating committee shall be appointed by the
Board of Directors prior to each annual meeting of the members at which
Directors are to be elected, to serve from the close of such annual
meeting until the close of the next annual meeting. The nominating
committee shall make as many nominations for election to the Board of
Directors as it shall in its discretion determine, but not less than the number
of Directors to be elected. Such nominations may be made from among
members or nonmembers of the association.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a)
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 establish penalties for the
infraction thereof;
(b)
suspend the voting rights and right to use of the
common facilities of a member during any period in which such member
shall be in default in the payment of any assessment levied by the
Association. Such rights may also be suspended after notice and hearing,
for a period not to exceed sixty (60) days for infraction of published rules
and regulations;
(c)
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;
(d)
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;
(e)
employ a manager or managers, an independent
contractor or contractors, or such other employees as they deem
necessary, and to prescribe their duties; and,
(f)
do such other things and perform such other acts as
the Board may lawfully do under the provisions of the Texas Non-Profit
Corporation Act and amendments thereto.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a)
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 in writing by one-fourth (1/4) of such voting
members;
(b)
supervise all officers, agents and employees of this
Association, and see that their duties are properly performed;
(c)
as more fully provided in the Declaration, to:
(1)
fix the periodic assessments against each Lot at
least thirty (30) days in advance of the due date;
(2)
give notice of special assessments as may be
approved upon the affirmative vote of seventy-five percent (75%) of the
members; and,
(3)
foreclose the lien against any property for which
assessments are not paid within thirty (30) days after due date or bring an
action by law against the Owner personally obligated to pay the same;
(d)
issue, or cause an appropriate officer to issue, upon
demand by any person, a certificate setting forth whether or not any
assessment has been paid, such certificate shall be conclusive evidence
of such payment;
(e)
procure and maintain general public liability insurance
and property damage and fire and extended coverage insurance
covering property owned by the Association and in amounts and with
insurers deemed appropriate by the Board;
(f)
cause all officers or employees having fiscal responsibilities
to be bonded, as it may deem appropriate;
(g)
cause the Common Area to be maintained, including
effecting repairs, replacements and additions thereto;
(h)
cause the exterior of the dwellings on the Lots to be
properly maintained;
(i)
cause the payment of all ad valorem and other property
taxes levied on the Common Area; and,
(j)
in general, to perform and discharge all duties of the
Board of Directors as may be set out in the Declaration, these By-Laws
and the Texas Non-Profit Corporation Act, as amended from time to time.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Officers. The officers of this Association shall be
a President, who shall at all times be a member of the Board of Directors,
and a Vice President, Secretary and Treasurer, who may be members of
the Board of Directors and such other officers as the Board may from time
to time by resolution create, who need not be members of the Board of
Directors. The office of Secretary and Treasurer may be held by the same
person at the same time. At any given time, the Association shall have no
more than on (1) officer who does not reside at Steeplechase Addition.
Section 2. Election of Officers. The election of officers shall take place at
the first organizational meeting of the board of Directors and thereafter 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 office for two (2) years unless he shall
sooner resign, or shall be removed, or shall be 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 from time to time determine.
Section 5. Resignation and Removal. Any officer may be removed from
office, with or without cause, by the Board if it believes the best interests of
the Association will be served thereby. Any officer may resign at any time
upon 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 6. Vacancies. A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy shall
serve fro the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The office of Secretary and Treasurer may be
held by the same person; otherwise, 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.
(a)
President. The President shall preside at all meetings of the
members and of the Board of Directors at which he shall be present; he
shall have general charge and supervision of the business of the
Association; he may sign and execute in the name of the Association, all
authorized deeds, leases, mortgages, bonds, contracts or other
instruments, except in cases in which the signing and execution thereof
shall have been expressly delegated to some other officer or agent of the
Association; and in general he shall perform all duties incident to the
office of a President of a corporation, and such other duties as from time
to time may be assigned to him by the Board of Directors.
(b)
Vice president. The Vice president, at the request of the
President or in his absence or during his inability to act, shall perform the
duties and exercise the function of the President and when so acting shall
have the powers of the President. The Vice president shall have such other
powers and perform such other duties as may be assigned to him by the
board of Directors or the President.
(c)
Secretary. The Secretary shall keep the minutes of the
meeting of the members and of the Board of Directors in books provided
for that purpose; he shall keep appropriate current records showing the
members of the Association and their addresses; he shall see that all
notices are duly given in accordance with the provisions of the By-Laws or
as or as required by law; he shall be custodian of the records of the
Association; he shall attest all instruments executed by the association
which are required by law to be attested by the Secretary; and in general
he shall perform all duties incident to the office of a Secretary of a
corporation, and such other duties as from time to time may be assigned
to him by the Board of Directors or the President.
(d)
Treasurer. The Treasurer shall have charge of and be
responsible for all funds, securities, receipts and disbursements of the
Association, and shall deposit or cause to be deposited in the name of
the Association all monies or other valuable effects in such banks, trust
companies or other depositories as shall from time to time be selected by
resolution of the board of Directors; he shall cause an annual audit of the
Association books to be made by a public accountant at the completion
of each fiscal year; he shall prepare and annual budget and statement of
income and expenditures to be presented to the membership at the
annual meetings and shall deliver a copy thereof to each of the
members; and in general he shall perform all of the duties incident to the
office of a Treasurer of a corporation and such other duties as my be
assigned to him by the board of Directors or the President.
ARTICLE IX
ARCHITECTURAL CONTROL
The Architectural Control Committee is composed of all members who
reside at Steeplechase Addition, or by a representative or representatives
designed by them. In the event of the death or resignation of any
member of said committee, or its designated representatives, the
remaining member or members shall have full authority to approve or
disapprove design and location, etc., or to designate a representative
with like authority. In the event said committee or its designated
representative fail to approve of such design and location within thirty (30)
days after said plans and specifications have been submitted to it, or in
any event, if no suit to enjoin the erection of such building, or the making
of such alterations have been commenced prior to the completion, such
approval will not be required and this covenant will be deemed to have
been fully complied with. Neither the members of such committee or its
designated representative shall be held financially or otherwise
responsible or liable for any acts exercised hereunder, or for the failure to
exercise acts set out herein. Thereafter, the approval described in this
covenant shall not be required unless, prior to said date and effective
thereon a written instrument shall be executed by the then record owners
of a majority of the lots within the area covered by these restrictions, and
duly recorded, appointing a representative or representatives, who shall
thereafter exercise the same powers previously exercised by said
committee. The committee’s approval or disapproval as required in these
covenants shall be in writing.
ARTICLE X
USE RESTRICTIONS
(a)
No building or other structure of any kind whatsoever
shall be constructed for any other purpose than a single family residence
together with such other incidental buildings as may be and are ordinarily
used in connection with the residence, such as a detached garage, barn
or storage building. Any detached garage, barn or storage building must
be architecturally compatible with any of comparable construction to the
main dwelling as the lot.
(b)
Other than for an incidental office or studio occupancy
within the residence on said property of not more than on room of the
principal residence, no business or commercial pursuits shall be permitted
on the premises and no advertising or signs shall be displayed in
conjunction with same.
(c)
No building shall be erected, placed, or altered on any
lot until the construction plans and specifications and a plan showing the
location of the structure have been approved by the Architectural
Control Committee as to quality of workmanship and materials, harmony
of external design with existing structures, and as to location with respect
to topography and finish grade elevation.
(d)
No lot shall be re-subdivided at any time so as to form
any lot smaller than the existing lot sizes, but this is not intended to
preclude the joining of two lots or more.
(e)
No building shall be located, erected, or altered on
any lot nearer to a front or side street than fifty (50) feet. No building shall
be located nearer than ten (10) feet to the side (interior) lot line. No
building may be built in any easement.
(f)
No residence shall be constructed of less than 2,000
square feet living area exclusive of garages, carports, porches, gazebos
and out-buildings on the lots within Steeplechase Addition.
(g)
No noxious or offensive trade or activity shall be carried
on upon any tract, nor shall anything be done thereon which may be or
become any annoyance or nuisance to the neighborhood.
(h)
No trailer, tent, shack, garage or other out-building
constructed or placed upon any portion of said tract shall at any time be
used as a temporary or permanent residence. No mobile home or house
trailer shall ever be placed upon any lot or part thereof, either temporarily
or permanently. No dwelling shall be occupied until such dwelling is 100%
completed. No auxiliary building shall be commenced on any lot or part
thereof until the primary dwelling has been completed and occupied.
(i)
All residences shall be completed within two (2) years
from the start of construction.
(j)
All buildings which may be placed or constructed on
any portion of the above described tract, excepting the portions or whole
thereof constructed of brick or stone, shall be painted or process painted
as to exterior within six (6) month of the date said buildings are
completed.
(k)
All garages shall be of a side entry or rear entry and not
facing any side or street or frontage street. All primary driveways shall be
of concrete construction, or of other materials which shall be specifically
approved by the Architectural Control Committee.
(l)
No fence shall be constructed or allowed to remain in
front of the minimum building setback line, except ornamental fences or
fences along side lot lines on corner lots, which shall be specifically
approved by the Architectural Control Committee.
(m)
No lot shall be used or maintained as a dumping
ground for rubbish, trash or garbage. Waste shall be kept in sanitary
containers at all times. There shall be no burning of trash, rubbish, brush,
grass or other material. All equipment for the storage of such materials
shall be kept in a clean and sanitary condition.
(n)
Construction of new buildings only shall be permitted, it
being the intent of this covenant to prohibit the moving of any existing
building onto a lot and remodeling or converting same into a dwelling
unit in this subdivision.
(o)
No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any lot except for personal use only. Dogs, cats or
other household pets may be kept provided that they are not kept, bred
or maintained for any commercial purposes, and further provided that no
more than eight (8) total dogs and /or cats are kept per household. Horses
or cows may be kept (for recreational purposes only), but not more than
on (1) animal per acre for the first two acres, and tow (2) animals per acre
for each acre in excess of two acres.
(p)
The stable at Steeplechase Addition, which comprises
a portion of the common area, is for the exclusive use and enjoyment of
the members of the Association and their families. No animal shall be
housed at the stable without such animal having been examined by a
qualified veterinarian and thereafter, being certified as being in good
health prior to such housing at the stable. Each member of the
Association shall be entitled to one stall in the stable, on a first come, first
serve basis; however, members residing at Steeplechase Addition may
use the remaining unused stalls (if any) on an as available, first come, first
serve basis. All members using the stable shall be responsible for a monthly
pro-rata share of all utilities required by the stable. A Stable Rules
Committee shall be formed of members having animals housed in such
stable for the purpose of creating, implementing and enforcing all rules
and regulations for the stable and in keeping with the directives of this
paragraph.
(q)
Trucks with tonnage in excess of one ton shall not be
permitted to park on the streets, driveways, or lots overnight except with
the prior approval of the Architectural Control Committee and no vehicle
of any size which normally transports inflammatory or explosive cargo may
be kept in this subdivision at any time.
(r)
No signs of any kind shall be displayed to the public
view on any lot except one professional sign of not more than one square
foot, one sign of not more than five square feet advertising the property of
sale or rent, or signs used by a builder to advertise the property during the
construction and sale period.
(s)
Easements for the installation and maintenance of
utilities and drainage facilities are reserved and shall be located with and
by agreement of the lot owner; and it is further provided that no fence or
other obstruction shall be placed in any easement and that full right of
ingress and egress shall be had at all times over any easement for removal
of any utility, together with the right to remove any obstruction that may
be place in such easement that would constitute interference with the
use, maintenance, operation or installation of such utility.
(t)
No property owner who owns lots adjacent to the
common area shall be allowed to perform any activity on his property
which inhibits another property owner’s use of the common areas.
(u)
No property owner may fence in any part of the
common area.
(v)
The Lake and adjacent grounds at Steeplechase
Addition, which compromises a portion of the common area, is for the
exclusive use and enjoyment of members of the Association, their families
and guests. A guest of the member may use the common areas including
the Lake and adjacent grounds only when accompanied by the member
so authorizing such guest use.
(w)
These restrictions shall be deemed to be for the
protection and benefit of each of the owners or occupants of any portion
of Steeplechase Addition, and it is intended hereby that enforcement
shall be by proceeding at law or in equity against any person or persons
violating or attempting to violate any covenant either to restrain violation
or to recover damages.
(x)
The restrictions shall run with the land and shall be
binding on the owner or tenant of any or all of said land and all persons
claiming by, through or under them until January 1, 2000, at which time
said covenant shall be automatically extended for successive periods of
ten (10) years unless by vote a majority of the then owners of the tracts it is
agreeable to changes said covenants in whole or in part.
(y)
Invalidation of any one of these foregoing covenants,
restrictions or conditions or any portion thereof by court order, judgment
or decree shall in no way affect any of the other remaining provisions
hereof which shall in such case continue to remain in full force and effect.
(z)
The owners of lots sharing a common fence must agree
in writing to the construction of any common fence as approved by the
Architectural Committee. Front, rear and side fences consistent with
existing fencing architecture are permitted to the full property ownership
lines of any lot.
(aa)
No lot owner may store non working/unused vehicles in
sight on the property.
ARTICLE XI
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any member. The
Declaration, the Articles of Incorporation and the By-Laws of the
Association shall be available for inspection by any member at the
principal office of the Association, where copies may be purchase at
reasonable cost.
ARTICLE XII
COMMITTEES
The Architectural Review Committee shall be formed and shall operate as
provided in paragraph 10, page 2, of the Declaration. The Board of
Directors shall appoint such other committees as the Board may deem
appropriate in carrying out the purposes of the Association.
ARTICLE XIII
ASSESSMENTS
Section 1. Covenant for Exterior Maintenance Assessment. The following
shall apply to all lots within the Steeplechase Addition:
(a)
Purpose of Assessment. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the
health, safety and welfare of the residents in the property and in and in
particular for the improvement and maintenance of the property and
facilities of the common area. They shall include, but are not limited to
funds for the actual cost to the Association of all repair, and maintenance
of the common area and facilities as may from time to time be authorized
by the Board of Directors and other improvements or equipment,
including, but not limited to, mowing grass, caring for the grounds,
sprinkler system, landscaping, of the common area that the Board of
Directors of the Association shall determine to be necessary to meet the
primary purposes of the Association, including the establishment and
maintenance of a reserve for repair, maintenance, insurance and other
charges as specified herein.
In addition, the Directors of the Association may levy reasonable
assessments against the owner of a lot who after notice, fails to remedy
an eyesore etc., on his lot.
(b)
Basis of Maintenance and Improvement Assessments.
Maintenance fees for the common area and assessments shall be prorata on a by –lot basis.
Future assessments shall be determined by the Board of Directors, after
consideration of current maintenance costs and future needs of the
Association for the maintenance of the common area. All actions of the
Board of Directors shall be governed by the By-Laws and Articles of
Incorporation of the Association.
Maximum rates shall be determined by a two-thirds majority vote of all
homeowners within the Steeplechase Addition.
Section 2. As more fully provided in the Declaration, each member is
obligated to pay to the Association annual and special assessments
which are secured by a continuing lien upon the property against which
the assessment is made. Any assessments which are not paid when due
shall be delinquent. If the assessment is not paid within thirty (30) days
after the due date, the assessment shall bear interest from the date of
delinquency until paid at the rate of ten percent (10%) per annum, and
the Association may bring an action at law against the Owner personally
obligated to pay the same of 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. No Owner may waive or
otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.
ARTICLE XIV
INDEMNIFICATION OF OFFICERS AND DIRECTORS
The Association shall indemnify any and all Directors or officers or former
Directors or officers of the Association for expenses and costs (including
attorneys’ fees) actually and necessarily incurred by any such officer or
Director in connection with any claim asserted against him, by action in
Court or otherwise, by reason of his being or having been such Director or
officer, except in relation to matters as to which he shall have been guilty
of negligence or misconduct in respect of the matter in which indemnity is
sought.
ARTICLE XV
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or special
meeting of the members, by a majority vote of a quorum of members
present in person or by proxy. The members may delegate to the Board of
Directors the power to alter, amend or repeal the By-Laws or to adopt
new By-Laws.
Section 2. In the case of any conflict between the Articles of
Incorporation and these By-Laws, the Articles shall control; and in the case
of any conflict between the Declaration and these By-Laws, the
Declaration shall control.
ARTICLE XVI
FISCAL YEAR
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 and end on the 31st
day of December of the year of incorporation.
ARTICLE XVII
ENFORCEMENT
The Association or any owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions
of the By-Laws. Failure by the association or by any owner to enforce any
covenant or restrictions herein continued shall in no event be deemed a
waiver of right to do so thereafter. If any owner is not in compliance with
any restriction, condition, covenant, reservation, or change of these ByLaws, that owner shall contact the Board of Directors with an action plan in
order to come into compliance.
ARTICLE XVIII
GENDER AND GRAMMAR
The singular, wherever used herein, shall be construed to mean the plural
when applicable, and the necessary grammatical changes required to
make the provisions hereof apply either to corporations or individuals,
men or women, shall in all cases be assumed as though in each case fully
expressed.
AMENDMENT 1
STEEPLECHASE FENCING COMMITTEE GUIDELINES
Each owner of a lot in steeplechase addition shall properly and
adequately maintain the fence provided by Steeplechase. All perimeter
fencing shall be constructed of like materials of existing fences, with
exception of rear fencing that borders property other than Steeplechase
and a fence has already been provided. No chain link, T-post with wire,
barbwire etc. , shall be constructed with exception of portable dog
kennels, which shall be located in rear of house or property except in
flood plain areas. Wire such as mesh, or like materials, (which shall be
approved by the fencing committee) may be attached to perimeter
fences in rear of property to contain animals, as long as it is neat in
appearance. Any additional interior fence to be constructed that is not of
like material as perimeter fencing shall be submitted to fencing
Committee. Interior fencing submitted to Fencing Committee shall be
harmonious with house and or pool area. Gates or cattle guards shall be
required on any opening in fences and shall be kind and quality as
approved by Fencing Committee. Approval or disapproval shall be given
by Fencing Committee within 30 days. Additional guidelines for interior
and perimeter fencing will be forthcoming.
The fencing committee was dissolved by a vote of the Steeplechase
Addition Property Owners on September 12, 2000. All fencing issues and
plans will be handled by the Architectural Committee as stated in the
Deed Restrictions.