We, the undersigned, natural persons of the age of twenty-one years or more, at least two of whom are citizens of the State of Texas, acting as incorporators of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of lncorporation for such corporation:
The following words when used in these Articles of Incorporation shall have the following meanings:
A. “Corporation” shall mean and refer to the corporation incorporated hereunder.
B. “Properties” shall mean and refer to the land and premises to be known as Holiday Park Subdivision, an addition to the City of Dallas, State of Texas (said Subdivision being described by metes and bounds on Exhibit A attached hereto) and such additions thereto as may hereafter be brought within the jurisdiction of this corporation by annexation as provided in the Declaration (as hereinafter defined).
C. “Declaration” shall mean and refer to that certain Declaration of Covenants and Restrictions applicable to the Properties and recorded or to be recorded in the office of the County Clerk of Dallas County, Texas, and as the same may be amended or supplemented from time to time as therein provided.
D. “Common Properties” shall mean and refer to those areas of land designated as Common Properties on any recorded subdivision plat of the Properties and intended to be devoted to the common use and enjoyment of the Members of the Corporation, together with any and all improvements that are now or may hereafter be constructed thereon.
E. “Lot” shall mean and refer to any plot or tract of land shown upon any recorded subdivision map of the Properties, together with any and all improvements that are now or may hereafter be constructed thereon, with the exception of Common Properties and other areas reserved by the developer on such recorded plat of the Properties.
F. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties but, notwithstanding any applicable theory of the mortgage or other security device, shall not mean or refer to any mortgagee or trustee under a deed of trust unless end until such mortgagee or trustee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
G. “Member” shall mean and refer to each Owner as provided herein in Article Nine and Article Ten.
H. “Declarant” shall mean and refer to Holiday Homes Construction of Prestonwood, Inc., a Texas corporation, its successors and any assignee, other than an Owner, who shall receive by assignment from the said corporation all, or a portion, of its rights hereunder as such Declarant, by an instrument expressly assigning such rights as Declarant to such assignee.
The name of the Corporation is Holiday Park Home Owners Association.
The Corporation is a non—profit corporation.
The period of its duration is perpetual.
This Corporation does not contemplate pecuniary gain or profit to the Members thereof, and is formed for the exclusive purpose of promoting the public interest of the City of Dallas, Texas, and in connection therewith:
A. To provide for maintenance, preservation and architectural control of and to promote the health, safety and welfare of the residents of the Properties, and to preserve the beautification of the Properties;
B. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation;
C. To provide garbage and trash collection within the Properties when, in its opinion, same shall be necessary or appropriate to supplement such services provided by the City of Dallas, Texas, and to otherwise supplement municipal services;
D. To maintain unkempt lands or trees;
E. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation as set forth in the Declaration, and reference to the Declaration is hereby made for all purposes;
F. To fix, levy, collect and enforce payment by any lawful means, all charges or assessments provided for by the terms of the Declaration and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Corporation, including any licenses, taxes or governmental charges which may be levied or imposed against the Common Properties or any other property owned by the Corporation;
G. To borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; and
H. Insofar as permitted by law, to do any other thing that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the residents of the Properties; provided, that no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to any Member, director or officer of the Corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the Corporation effecting one or more of its purposes), and no Member, director or officer of the Corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Corporation; and provided, further, that no part of the activities of the Corporation shall be carrying on propaganda, or otherwise attempting, to influence legislation, or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office.
The address of the initial registered office of the Corporation is 4767 First National Bank Building, Dallas, Texas, and the name of its initial registered agent at such address is Raleigh B. Blakely.
The business and affairs of the Corporation shall be initially managed by a Board of five (5) Directors, which number can be changed by amendment of the By-Laws of the Corporation, but shall in no event be less than three (3) nor more than nine (9). The names and addresses of the persons who are to act initially in the capacity of directors until the selection of their successors are:
Raleigh Blakely 2355 Stemmons, Suite 1101, Dallas, Texas
Don Dixon 2355 Stemmons,
Wesley N. Newell 2355 Stemmons,
James R. Veteto 2355 Stemmons,
John Friesen 2355 Stemmons,
The name and street address of each incorporator is:
Michael G. Denton 2280 First National Bank Bldg.
Dallas, Texas 75202
George W. Coleman 2280 First National Bank Bldg.
Dallas, Texas 75202
William A. Thau 2280 First National Bank Bldg.
Dallas, Texas 75202
Every person or entity who is now or hereafter becomes an Owner shall automatically be a Member of the Corporation.
The Corporation shall have two classes of voting membership:
Class A. Class A Members shall be all Members with the exception of Declarant. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such Lot.
Class B. The Class B Member(s) shall be Declarant. The Class B Member(s), at all times when the total number of Lots owned by the Class B Member(s) is greater than one-third (1/3) of the total number of Lots owned by Class A Members, shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership. When the total number of Lots owned by the Class A Members equals or exceeds three (3) times the total number of Lots owned by the Class B Member(s), the Class B Member(s) shall, during the time such equality or excess continues, be entitled to only one vote for every Lot owned by it. Notwithstanding any other provision of this Article, from and after December 31; 1975, the Class B Member(s) shall be entitled to only one vote for every such Lot.”
Where the Declaration requires that certain additions to the Properties be approved by this Cor-poration, such approval must be given by the consent of two-thirds (2/3) of each class of Members.
To the extent permitted by law, the Corporation may participate in mergers and consolidations with other non-profit corporations organized for the same purpose, PROVIDED that any such merger or consolidation must first have the assent of two-thirds (2/3) of each class of Members,
The corporation shall have the power to mortgage its real estate for the purpose of making improvements thereon, PROVIDED that any such mortgage must first have the assent of two-thirds (2/3) of each class of Members.
The Corporation shall have power to dedicate or transfer any of its property to an appropriate public authority for public use, PROVIDED that no such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of Members, agreeing to such dedication or transfer.
The Corporation may be dissolved only with the assent given in writing and signed by not less than two-thirds (2/3) of each class of Members.
ARTICLE SIXTEEN is deleted according to ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF HOLIDAY PARK HOMEOWNERS ASSOCIATION dated February 10, 1970.
These Articles may be amended only with the assent of seventy-five percent (75%) of the entire membership, PROVIDED that no amendment of Articles Nine and Ten (membership and voting rights) shall be effective except as provided in the Declaration. The provisions of Articles Nine and Ten have been incorporated into the Declaration and are part of the property interests created thereby.
Upon dissolution of the Corporation, the assets both real and personal of the Corporation shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Corporation. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization engaged in activities substantially similar to those of the Corporation and which are qualified as exempt organizations under the Internal Revenue Code of 1954, or the corresponding provisions of any future United States Internal Revenue law.
As long as there is Class B membership, the following actions will require prior approval of the Federal Housing Administration or the Veterans Administration: (i) annexation of additional properties, (ii) mergers and consolidations, (iii) mortgaging of the Common Properties, (iv) dedication of Common Properties, (v) dissolution, and (vi) amendment of these Articles.”
To Articles of Incorporation of Holiday Park Homeowners Association
BEING a tract of land situated in the John Becknell Survey, Abstract No. 53, Dallas County, Texas, also being in City of Dallas Block No. 8195, and being more particularly described as follows:
BEGINNING at the northeast corner of said tract of land, being the point of the intersection of I ice west line of Meandering Way South, a 60— foot width street, and the south line of La Bolsa Drive, a 50—foot width street;
THENCE in a northwesterly direction along a curve to the left having a central angle of 24° 48’ 02” and a radius of 133.43’, a distance of 74.59’ to the end of curve;
THENCE West 1778.44 feet;
THENCE South 812.0 feet;
THENCE East 1788.85 feet;
THENCE in a southeasterly direction along a curve to the right having a central angle of 5° 35’ 33” and a radius of 517.08 feet, a distance of 60.23’;
THENCE in a southeasterly direction along a curve to the right having a central angle of 0° 06’ 08” and a radius of 567.65’, a distance of 1.01’;
THENCE North along the West line of Meandering Way South 796.41 feet to the place of beginning, containing approximately 32 acres of land.