LTE Non Compliance Form (Page 2 of 2)
For Board of Directors Use Only
Date Non-Compliance Form Received ______/_____/______
Date of Meeting to render a decision ______/_____/______
Violation: Yes ______ No ______
Board decision based on review Lemon Tree Estates Covenant, By-Law, Rules and Regulations, any other documents governing Lemon Tree Estates including Texas State Law.
Resolution of the Board of Directors:
Date Decision Letter Sent or Delivered _____/_____/_____
Date Non-compliance form and Decision letter filed with Board Secretary _____/_____/______
Date Appeal Request Received _____/_____/______
The Owner Information below is to be kept confidential
REMOVE THIS INFORMATION BEFORE COPYING
Your Name(s): ________________________________________________________________________________________________________
Your Lemon Tree Estates Lot No. _________________________________________________________
Your Phone No. _______________________________________________________________________
Non-Compliance Form No. ________________________
(assigned by Board)
Date Submitted _________________________________
RESTATEMENT AND AMENDMENT TO THE SUBSISTING DECLARATION
OF THE COVENANTS, CONDITIONS AND RESTRICTIONS OF LEMON TREE ESTATES SUBDIVISION, HIDALGO COUNTY, TEXAS
The requisite number of owners of lots in the subdivision named Lemon Tree Estates Subdivision, Hidalgo County, Texas (more particularly identified below) hereby amend the subsisting Covenants, Stipulations and Restrictions of Lemon Tree Estates Subdivision as recorded in the Office of the County Clerk of Hidalgo County, Texas.
This instrument represents modifications of the original covenants which were previously adopted and recorded in the office of the County Clerk of Hidalgo County, Texas. This instrument is intended to restate and/or replace the original covenants and restrictions pertaining to said subdivisions and all amendments and supplements thereto thereafter filed of record in the office of the County Clerk of Hidalgo County, Texas.
The following covenants, stipulations and restrictions shall apply to and become a part of all Contracts of Sale, Deeds, or other legal instruments whereby title and possession is divested out of the present owner and invested in any other person or persons, to any and all lots and blocks described as follows:
All of Lots 1 through 22, Block A, 1 through 18, Block B, 1 through 9, Block C, 1 through 10, Block D, 1 Through 33, Block E, 1 through 24, Block F, 1 through 24, Block G, and 1 through 32, Block H, in Lemon Tree Estates Subdivision, an addition to the City of Mission, Hidalgo County, Texas according to map or plat thereof recorded in the Map Records of Hidalgo County Texas, to which reference is here made for all purposes.
The Board of Directors of Lemon Tree Estates, Inc. shall be the governing body regarding enforcement and control of all rules, regulations, covenants and policies of the subdivision and the property within said subdivision, and is authorized to make assessments to pay for the improvements and maintenance of recreational facilities in the subdivision. The Board may adopt rules on the uses of the common elements of the subdivision, and may initiate and promote amendments to the covenants and restrictions of the subdivision, subject to the requirement of lot owner approval as set forth herein. An annual meeting of shareholders will be held at a date designated by the Board in January or February at which the Board officers and Block Chairpersons shall be elected for one year or two years terms.
Lot owners shall have an equal proportionate share in said corporation and said shares shall be included in future sales by the lot owner and transferred to the new owner. Sales price of lots shall include shares in said Corporation.
A majority of the Board may designate a representative to act for it and also remove any Board Member and designate a successor. Neither the members of the Board nor its designated representatives shall be entitled to any compensation for services performed in the capacity of Board members or officers of the corporation.
ARCHITECTURAL CONTROL COMMITTEE
No mobile home structures, drives, patios, awnings, or fences shall be placed on or erected or altered on any lot until construction plans and specifications and plot plans showing the location of the mobile home and structures have been submitted to and approved by the Architectural Control Committee, as to quality of workmanship and materials, harmony of exterior design and suitability of location. The President, who will be a member of the Architectural Control Committee, shall appoint a minimum of three lot owners to a maximum of 7 (seven) lot owners in the subdivision, to serve as the Architectural Control Committee. A majority of the Committee may designate a representative to act for it and may also remove any member and designate a successor. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for services performed, pursuant to the covenant.
In the event the Committee or its designated representative fails to approve or disapprove, within thirty (30) days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has commenced prior to completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
SPECIFIC RESTRICTIONS AND COVENANTS
YARD DIMENSIONS. Minimum set back of Mobile Unit or structures will follow City of Mission zoning setback requirements.
5. UTILITY EASEMENTS: Utility easements shall be set per City of Mission easement requirements. Easements shall be kept clean and unobstructed and be accessible at all times for utility trucks and equipment when necessary. No fencing shall be constructed less than 10 feet from any adjacent street.
6. LOT IMPROVEMENTS AND BUILDINGS. No mobile home or recreational vehicle over 7 years old may be placed on a lot without prior approval. All lot improvements, concrete drives, patios, awnings, structures and fences must be approved by the Architectural Control Committee prior to construction.
7. VEHICLE PARKING AND UNIT PLACEMENT.
(a) Lot owners shall provide a concrete driveway and pad for parking their automobiles and stored recreational vehicle, excepting Blocks E, G & H.
(b) All Mobile Homes and Mobile Units shall be located on Lot perpendicular to street with the front or tongue of unit facing the street. Side streets parallel with the length of the lot are not considered.
8. CLOTHES LINES. Clothes lines shall be restricted to 10 feet in length and shall be constructed at rear of lots, at a location approved by the Architectural Control Committee.
9. SKIRTING. All Mobile Homes and Park Model Trailers shall be skirted within 90 days of arrival with a suitable material approved by the Architectural Control Committee.
10. ANCHORING. All Mobile Homes shall be anchored in accordance with Texas State Regulations.
11. MAINTENANCE. All lots shall be kept free of debris, inoperative vehicles and /or wrecked vehicles. Only minor auto repair is permitted. Storage of tires, boxes, appliances, or similar kinds of storage on an open lot is prohibited. Yards shall be maintained year around. Where applicable, grass will be kept mowed on a frequent and reasonable basis. Vegetable gardens shall be confined to the rear of lots. Mowing and/or spraying of un-maintained lots shall be directed, by the Board and the reasonable and customary costs shall be assessed the lot owner at the prevailing rate.
12. LOT USES. No lot shall be used for any purpose other than residential purposes and shall be occupied by no more than two adults, one of whom must be at least 55 years of age. There shall not be any resident minor children. Visitors are limited to 30 days per year per person. This provision complies with the United States fair housing act, in regard to housing for older persons. This subdivision has substantial facilities and services especially designed to meet the social and physical needs of older persons, and have demonstrated intent to be an adult park through advertising, bookkeeping and other means. This provision does not pertain to personal caregivers ordered by a licensed physician. Ages of occupants may be verified by the Board annually.
13. TRUCKS. No commercial truck over one ton capacity may be parked in the subdivision except for deliveries.
14. PETS. No lots shall have more than two dogs or two cats, or a combination totaling two. No pets are allowed in the Recreation Hall or swimming pool area. Pets shall not be allowed to run loose without a leash at any time unless fenced. Lot owners shall have the responsibility of keeping their pets quiet and shall pick up waste from their pets. No livestock, fowl or exotic animals shall be allowed on lots.
15. COMPLIANCE WITH LAWS. Lot owners and guests shall comply with the laws of the City of Mission, the State of Texas and the United States.
16. RECREATION FACILITIES.
(a) Recreation facilities shall be restricted to the use of land owners of Lemon Tree Estates Subdivision, residents and their guests.
(b) A Recreation Center comprising a recreation hall, swimming pool and shuffleboard courts including the land designated for their construction in Block G, shall be included in the Corporation hereinafter referred to as Lemon Tree Estates, Inc. The Board of Directors of the corporation, elected by the lot owners at an annual meeting as set forth above in Article One, and shall be authorized to carry out and enforce these covenants and restrictions.
CERTAIN POWERS OF THE BOARD
(a) The Board shall collect water, gas and sewer costs for recreation areas, garbage collection cost and assessments necessary for lot owners to properly maintain the Recreation Center, supervise and pay maintenance personnel compensation, pay City of Mission water and sewer charges for recreation areas and garbage collection; and collect lot maintenance charges or assessments from lot owners. For assessments not paid timely, interest will be added to the amount owed at a rate of the highest interest rate allowed under Chapter 303 of the Texas Finance Code.
(b) All funds collected by the Board will be deposited in an account under the Corporate name of Lemon Tree Estates, Inc. at a bank to be designated from time to time by the Board, and shall be used for the expenses of operating and managing the recreation facilities and for general business purposes of the corporation.
18. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date of their recording in the office of the County Clerk of Hidalgo County, Texas, and shall automatically be extended for successive periods of ten (10) years, unless and instrument signed by the then owners of at least 67% of the lots has been recorded, agreeing to change said covenants in whole or in part.
19. 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.
20. The waiver, or invalidation, of any one or more of these restrictions, covenants, or conditions, by court order, judgment, or otherwise, shall in no way constitute a waiver of or invalidate any other restriction, covenant or condition.
ADOPTED __February 15, 2016________________________, 2015 by not less than 67% of the owners of lots in the Lemon Tree Estates Subdivision.
I certify that the owners of not less than 67% of the lots in Lemon Tree Estates Subdivision, Hidalgo County, Texas have consented to and approved the foregoing amendment, and authorized it to be recorded in the office of the County Clerk of Hidalgo County, Texas.
Name: Jim Law
President of Lemon Tree Estates, Inc.
I certify that the foregoing signature is that of the President of Lemon Tree Estates, Inc. and that he was authorized by the Board of Directors of said corporation to sign the same on behalf of the corporation.
Dated: ______________________________ ____________________________________
Name: Jan Caldwell
Secretary of Lemon Tree Estates, Inc
By-Laws of Lemon Tree Estates Recreation Inc.
(Adult Community – 55 and Over)
1510 E. Bus. Hwy. 83
Mission, Texas 78572
A Non-Profit Corporation
Section 1. The office of the Corporation shall be located in the City of mission, Hidalgo County,
Section 2. The fiscal year of the Corporation shall begin January 1, and end December 31.
Meeting of Stockholders
Section 1. Annual Meeting
The annual meeting of the Stockholders of the Corporation shall be held the first Monday
of February for the purpose of electing directors, annual reports, and transacting such
other business as may properly come before the meeting.
Section 2. Budget Meeting will be the 2nd Monday of February for the purpose of approving the
budget. Stockholders suggestions to add, delete, or modify items in the budget shall be
considered and voted upon by the Board.
Section 3. Special Meetings
Special meetings of the Stockholders and/or the Board of Directors may be called at any
time by the President or shall be called upon written request of 25% (43) of the
Stockholders when such request is filed with the Secretary of the Board of Directors. The
reason or business must be announced and the meeting cannot consider any other
Section 4. Regular Meetings
Regular meetings of the Board of Directors will be held the 2nd Monday of the month
Stockholders and residents of the Park will be permitted to attend the regular meetings.
Adequate discussion of items must be provided stockholders prior to the vote of directors.
Section 5. Notice of Meetings
Posting of notice of all Directors Meetings will be at least 10 days prior to meeting date on
the bulletin board located outside the Recreation Hall of Lemon Tree Estates.
All Committee meetings may be held at the convenience of the committee and need not be
announced or posted.
Section 6. Quorum (Rewritten as follows)
No business shall be conducted at any meeting without a quorum being present.
Six (6) members of the Board of Directors, including the President or Vice-
President, shall constitute a quorum. A tie vote shall be broken by the President.
Fifty (50) Stockholders shall constitute a quorum when a Stockholder vote is
Section 7. Voting
1. Only Stockholders of Lemon Tree Estates Recreation, Inc. or their spouse, but not
both, are entitled to one vote for each share of stock held. Balloting will be by
2. In voting for the Board of Directors, Stockholder or spouse may cast vote for
nominations posted that represent the block of their ownership only.
3. Proxy votes will be permitted and will be valid if made in writing and filed with the
secretary prior to meeting time and for that meeting only.
4. Proxy votes may be solicited by mail from all Stockholders by the Secretary at the
Boards desire or discretion.
Board of Directors
Section 1. 1. Eleven (11) Stockholders shall make up the Board of Directors---four (4) officers and
seven (7) Block Chairpersons.
2. To be eligible for election to the Board of Directors, the person must be a Stockholder
Section 2. Officers
The presiding officer of the Board shall be the President, who shall be elected yearly by the the Stockholders.
The Vice President shall be elected yearly by the Stockholders.
The Secretary and Treasurer shall be elected yearly by the Stockholders.
Section 3. Block Chairpersons
1. The Block Chairpersons and their alternates shall serve concurrently for two (2)
years in the block they represent.
2. The number shall be one (1) Chairperson and one (1) alternative for each block. A, B, E, F, G, H, and for C and D combined as defined and recorded in Plat Map as filed in Articles of Incorporation. The alternate shall sit on the Board if the Blockperson is unavailable. 3. Should a duly elected Block Chairperson move from Lemon Tree Estates of the block he/she was elected to represent, resign, be deceased, or unable to serve for any reason, and the alternative likewise be unable to serve, the Board will replace the person with another from the same block by majority vote of the Board, who will seek guidance from the Stockholders in the affected Block. 4. A Block Chairperson may be recalled on a petition filed with the President and signed by a majority of the Stockholders of the Block represented by said Block Chairperson. This petition may also designate the replacement Stockholder in the affected block. Article IV Elections Section 1. The election of Board of Directors shall be held at the annual meeting of the Stockholders and shall be by written ballot. Section 2. The President of the Board of Directors shall appoint a chief teller and seven (7) assistants, one for each block, all of who must be Stockholders or spouse and cannot be a nominee for the Board or any office. After the winning nominees have been determined, all names for all candidates shall be announced and posted by the chief teller. Article V Salary No salary or compensation shall be paid to any member of the Board of Directors except for the Treasurer whose annual assessment shall be waived. A Stockholder may be reimbursed for monies spent out of pocket for the benefit of the Lemon Tree Estates Recreation, Inc. upon presentation to the treasurer of proper receipts. Article VI Contracts Section 1. The Board of Directors may, at it's discretion, enter into a contract or agreement, in writing or verbal, up to one thousand dollars ($1000.00). Expenditures exceeding this, needs a majority of the Board of Directors of the quorum of Stockholders, except in dire emergency when a majority of Board of Directors votes will be required. Section 2. Dire Emergency: The Directors shall not be required to budget for, nor have Stockholder approval of the following: Emergency repairs caused by an Act of God, Fire, Hurricane, Tornado, Storm, Flood, Electrical or Smoke damage, Earthquake, or Earth movement causing foundation damage. Acts of sabotage, may also be included hereunder as not required to be budgeted for. Article VII Committees Section 1. The President and/or the Board of Directors may by resolution of need, appoint any committee they deem necessary for the good of and the complete operation of Lemon Tree Estates Recreation, Inc. Section 2. Nominating Committee 1. The President of the Board of Directors shall appoint one person to serve as chairman of the committee and seven (7) others to help, one from each block, at least thirty (30) days prior to the annual election. 2. The nominating committee shall attempt to nominate at least two persons for each office. 3. The nominating committee shall personally contact all resident Stockholders or spouses, present officers, board members, and alternates to determine if they wish to serve as an officer or member of the board. Should such stockholder so indicate, their name will be listed and nominated to represent the block of their residence or the office for which they choose to run. Additional nominations may be made from the floor by Stockholder or spouse for an officer but a nomination for a Board representative can only be made by a Stockholder or spouse for their block of residence. 4. The chairman of the nomination committee is to post on the bulletin board of the recreation hall, the committee nominations for the officers and nominations for block representatives that will make the Board of Directors at least ten (10) days prior to the annual meeting and election. Section 3. Long Range Planning Committee: The president shall appoint a chairperson and such other lot owner committee members as deemed necessary. The committee will present its suggestions to the board at the January meeting each year. The board may submit such recommendations to the lot owners for their approval at the annual meeting and inclusion if approved, into the budget. Section 4. Budget Committee 1. After the Annual meeting, the President shall appoint a Chairperson, two other Stockholders, the out-going Treasurer and the in-coming Treasurer to prepare and present a budget to operate and maintain the corporate property for the coming year, to be approved by the board of Directors at the annual Budget meeting in February. The funds necessary will be raised by assessment to each Stockholder who will pay their pro-rata share on the number of shares held, whether the lot is used or not. 2. In preparing the budget, the Committee is to consider funds on hand so that at the end of the fiscal year the funds on hand will not be in excess of three (3) months expenses as averaged out by the month, for the year. An exception to this is funds that are being held in escrow for a special purpose that have been approved by the Stockholders. Section 5. Audit Committee 1. The President shall appoint a Chairperson and two other Stockholders to audit the previous fiscal year's financial records and report their findings at the Annual Meeting. Article VIII Duties of Officers Section 1. President: The President shall preside at all Stockholder meetings of Lemon Tree Estates Recreation, Inc., all Board meetings and special meetings called and the Annual meeting. The President shall have general supervision over the affairs of Lemon Tree Estate Recreation,Inc., it's properties and employees. He/she shall be ex-officio member of all committees, but without vote, nor is he/she entitled to vote as a block chairman. Section 2. Vice-President: The vice-president shall perform the duties of the President in the absence or inability of him/her to perform his/her duties. He/she shall also serve as an aide to the President and perform any specific duties asked of him/her by the president. Section 3. Secretary: The secretary shall have the care and custody of all records, minute books and correspondence and shall do and perform all duties pertaining to the office of secretary. The secretary shall be custodian of the corporate seal and shall affix it to all written documents where it is required. Section 4. Treasurer: The treasurer shall receive and disburse the funds of Lemon Tree Estates Recreation,Inc. by directions of the Board of Directors only. He/she shall keep the accounts of his/her receipts and disbursement and shall submit reports to the Board of Directors at each regular meeting. He/she shall perform all duties pertaining to the office of treasurer. Section 5. Should the Board decide that the Treasurer is to post a surety bond, the cost of the bond is to be paid by the Corporation. Section 6. Block Chairperson and Alternate: Their duties are to contact and/or meet with block members to discuss problems and/or suggestions to inprove our park. Block Chairpersons will record attendance at meetings for their respective Blocks for the purpose of determining a quorum and to keep accurate voting records. Article IX Corporate Property, Finance and Special Projects Section 1. All Corporate Property 1. All corporate property, wherever located, shall be under the control of the Board and/or committee appointed by the President for that purpose. No major changes, repairs, alterations additions or modifications of any kind shall be made or be permitted to any common area property, equipment, building structures or improvements unless prior approval by the board of directors. 2. No corporate property may be removed from it's normal place by any Stockholder for his personal use; however, items may be borrowed by a stockholder with consent of the President or designated person,if the item is returned within twelve (12) hours. Borrowing stockholder assumes full responsibility for the return of replacement (if damaged), and the corporation assumes no liability in case of accident. 3. Special Assessment: The Board may call a special meeting of all to meet any situation. Affirmative vote of majority of all stockholders is necessary for approval. 4. If any stockholder shall be delinquent thirty (30) days after being notified as to assessment or any other obligations being due ,the Board is required to take any action deemed necessary to collect such monies due. 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 non-use of the common area or abandonment of his/her lot. The highest rate of interest permitted by law will be charged on all delinquent accounts. 5. The Board has the authority to assess a “Use Fee” to Stockholders of lots that are occupied by others on a rental basis. Occupancy of the lot by any other than the Stockholder of relative, will be considered rental on the lot. This fee is in addition to the annual assessment but can be assessed only for the period that the lot is rented or occupied. Stockholder is responsible for the payment of this assessment. Section 2. Special Projects 1. With the approval of the Board, corporate property may be used in a Special project with a special committee formed for that purpose and surplus is to be used for the replacement or additions to corporate property. 2. All surplus funds from all committees or events will be turned over to the Treasurer, for depository selected by and under the direction of the Board of Directors (As required by Federal Tax Laws). A report is to be given on the total activity at the annual meeting each year. Article X Stocks Section 1. Stock Transfer 1. Should a stockholder sell or transfer to any party their holdings in Lemon Tree Estate Recreation, Inc, it is their responsibility to inform the secretary of the new Stockholder's name and address and other information as may be required so that a new certificate may be issued. The old certificate must be surrendered and canceled at that time by the secretary. 2. As a share of stock indicates ownership of a lot in Lemon Tree Estate Recreation, Inc., the certificate itself has no cash value and any rights of interests in Lemon Tree Estates Recreation, Inc. is transferred to the buyer of the property. Article XI Amendments Section 1. All the by-laws of the corporation are subject to repeal and/or alterations by a majority vote of the Stockholders at a properly called meeting for that purpose. Posting of the notice of the Special Meeting shall be posted on the bulletin board located in the Recreation Hall of Lemon Tree Estates Recreation, Inc. at least ten (10) days prior to such meeting. Article XII Rules of Order Section 1. The rules in Robert's Rules of Order, when not inconsistent with these by-laws, shall govern all meeting of the Board of Directors, Special Meetings and Annual Meetings. Article XIII Certification Section 1. We, President and Secretary of Lemon Tree Estates Recreation, Inc., do hereby certify that the foregoing instrument has been adopted by the Stockholders of the Lemon Tree Estates Recreation, Inc., as the by-laws of said corporation. The foregoing articles supersede any and all previous by-laws of Lemon Tree Estates Recreation, Inc. Dated and signed this 10th day of March, 2008 Jimmie Law, President Marilyn Beck, Secretary