D. BOARD OF DIRECTORS: It shall be the duty of the five members of the Board of Directors to:
1. Keep a complete record of all their Minutes and acts and of the proceedings of the members;
2. Initiate and undertake such projects as it deems appropriate
for the maintenance and improvement of the subdivision and the
advancement of the common interests of the property owners; but,
the Board of Directors shall not borrow money for any purposes
and it shall be prohibited from making any contracts for any sums
of money which exceed the money collected or authorized to be
collected in any one year;
3. Keep property owners of Bermuda Beach advised of developments
affecting the subdivision;
4. Have the authority to create Committees, appoint the members thereof (with the exceptions of the Chairman) and do everything necessary and desirable in the conduct of the business of the organization;
5. Audit the books of the preceding Treasurer.
No business can be transacted or considered at a meeting of the Board of Directors unless all members of the Board or their respective wives or husbands have been given prior notice of not less than 24 hours in advance of the date of the meeting. A quorum shall be constitute at least three of the five members. The President shall designate the meeting place of each meeting of the Board of Directors.
ARTICLE V - POLICY
This is a non-profit organization, which is incorporated under the laws of the State of Texas. Any earned or surplus funds that may be created shall be available only for the further accomplishment of the organization's stated purposes. All funds necessary for the operation of the association shall be raised. The collection of the MAINTENANCE fees, GARBAGE-SECURITY fees, and MISCELLANEOUS ASSESSMENTS, FEES, or DONATIONS moved upon by the membership at a special or annual meeting. Notice of the fund-raising intention of any such meeting shall accompany the notice when assessments are necessary.
ARTICLE VI - MEETINGS, NOTICES, BALLOTS AND QUORUM
A. There shall be annual meetings of the membership at a place to be selected by the Board of Directors. The time of the Annual Meeting shall be not less than one week prior to the close of the operating year, which shall be November 1. This meeting shall be for the purpose of electing officers and directors to replace those terms would expire, for receiving annual reports and for the transaction of any other business.
B. Written notice of such meetings, given by actual notice or by addressing such notice by mail to the last known address of such addressee at least two weeks prior to such election, shall be given to each of the then lot owners as defined herein, in Section 1 through 5 of Bermuda Beach Subdivision. Certification by the Secretary of the BERMUDA BEACH IMPROVEMENT COMMITTEE, INC. as to the mailing or giving of such actual notices shall be deemed to be sufficient under these rules. Votes shall be evidenced by written ballot and the ballot shall be retained for at least one year after such election. Election shall be by the majority vote of those eligible owners as defined below, then voting in such election. The notice shall contain a complete agenda for the proposed meeting. No issues shall be passed or voted upon which are not mentioned on the Agenda of such meetings.
C. There may be special meetings. These may be called by the Board of Directors or may be called by the written request of ten eligible voting members and three members of the Board. Notice of special meetings shall be mailed by first class mail to each eligible voting member at least 10 days before the meeting and shall clearly state the reasons for the meeting.
D. Quorum. Eighteen eligible voting members of the BERMUDA BEACH IMPROVEMENT COMMITTEE, INC. shall constitute a quorum. In case there is less than a quorum, no business may be transacted.
E. Robert's Rules of Order, Revised, shall be official rules to govern all meetings.
ARTICLE VII - MEMBERSHIP, VOTING ELIGIBILITY, AND BALLOTS
A. All property owners of Sections 1 through 5 of Bermuda Beach are eligible to become voting members of the BERMUDA BEACH IMPROVEMENT COMMITTEE, INC. by sending to the Secretary their full name, address, and both office and home telephone numbers. In addition, if the Secretary already has such information, said property owner may also be eligible. After it has been determined that said person, firm, or corporation fulfills the requirement of having paid any and all past due maintenance fees, if any, as well as having paid the Maintenance fees assessed for the year in which any vote is taken, and prior to such vote, then the Secretary will verify such person as an eligible voting member of the organization and enter his or her name on the voting membership roll.
B. A property owner is defined herein as any person having the contractual responsibility for paying the Maintenance fees required in the restrictions and covenants of each respective section of Bermuda Beach. The fact that any such person does not have a deed or full legal title to any lot shall not disqualify him from voting. In the event that there is any question which may arise concerning the eligibility of any member voting or attempting to vote, the President of the BERMUDA BEACH IMPROVEMENT COMMITTEE, INC. or any other officer of the organization who is presiding over any such meeting where a vote is being taken for any reason, shall decide at that time the question of the right of any person or persons to vote whose eligibility may be questioned.
C. Each eligible voting member of the organization shall be entitled
to one vote per lot. In the even that the property is jointly
held by more than one person, only one vote shall be cast by the
person qualified to vote as set out above. If any one person,
firm, or organization owns more than five (5) lots in the entire
subdivision, their voting rights shall be limited to a total of
five (5) votes, regardless of the number of lots which they may
own.
D. There shall be no votes or ballots cast by proxies. Each eligible voter must attend such meeting in person and personally sign his ballot.
E. All votes shall be cast by written ballot. There shall be no voting conducted through the mail. However opinions may be solicited through the mail, but they shall have no binding effect upon the organization nor any decisions made by the Board of Directors or any Committee of the organization.
ARTICLE VIII - AMENDMENTS
These Bylaws may be amended only at an annual or special meeting by a majority of the members of the organization present provided all of the requirements of ARTICLES VI and VII herein have been completely fulfilled.
Note: The bylaws were amended in November 1992 to provide for annual maintenance fees, regardless of section, to be assessed annually at a rate of $45 (lot) or $90 (lot with house). Further $45 of the dedicated to a security fund.
Note: The bylaws were amended in October 1995 to provide voting rights for all dues paying owners in non-plated sections of Bermuda Beach Sub-Division.
"All" property owners of Sections 1 through 5 of Bermuda Beach and owners of other lots lying within the confines of Bermuda Beach who have paid dues to BBIC are eligible to become voting members of the Bermuda Beach Improvement Committee, Inc. By sending to the Secretary their full name, address, and both office and home telephone numbers.
The bylaws were amended in October 1995 to provide that disputes between property owners be referred to mediation and binding arbitration in lieu of Court proceedings.
Note: The bylaws were amended in September, 1998 to provide an annual maintenance fee, regardless of section, to be assessed annually at a rate of One hundred forty-five dollars ($145) per lot and which remains unchanged, an additional security fee of Forty-five dollars ($45) per house.
Enforcing all of the above covenants and restrictions for the above referenced sections of Bermuda Beach by any appropriate proceedings (but this power shall not be exclusive and may also be exercised by any lot owner in the Bermuda Beach Subdivision, provided that any dispute between property owners must submitted to mediation, and if no resolution is achieved through mediation, then such dispute must be resolved through binding arbitration.
The mediator's fee or the arbitrator's fee must be shared equally by the parties to the Dispute.
Note: The bylaws were amended on October 22, 2005 by written ballot at the Annual Meeting to reflect that in all places in the by-laws where it refers to Bermuda Beach Section 1 through 5, there will be added “add the un-platted section”.
Note: The bylaws were amended on October 22, 2005 by written ballot
at the Annual Meeting to reflect that any term limit restrictions
on any of the directors or officers of Bermuda Beach Improvement
Committee be removed.