Amendment to Bylaws of Elliott Ranch Homeowner's Association, Inc

.Vol F9 8003280 DFR 3515 19 STATE ofTEXAS COUN'TY ofHAYS Amendinent to Bylaws of Elliott Ranch Iloncowners Association, Inc. Whereas the Bylaws of Elliott Ranch Honeowners Association, Inc. were adopted April 1, 2000, a copy of which is attached as Exhibit A hereto, and Whereas the Amended and Restated Declaration of Covenants and Restrictions for Elliott Ranch is recorded in document number 9905970 of the Official Public Records of Hays County (together with all anendments, the "Declaration), and whereas the Rules and Regulations of Elliott Ranch Homeowners Association. Inc. were recorded documnent number 05035542 of the Offlicial Public Records of Hays County, Volune 2821, page 73l ; and Whereas the association wishes to amend the bylaws of the association, and whereas the requisites for amendliment have been met according to Article 13 of the bylaws, the bylaws are hereby amended as follows: The first sentence of Article 4, Section l, is anended to insert the underlined items in the first sentence, and add an additional sentence (underlined below) after the first sentencc (with the rest of the section remaining unchanged): "The affairs of this Association shall be managed by a Board of either three (3) or five (5) Direclors who need not be Members of the Association. The number of Directors may be increased from 3 to 5 or decreased from 5 to.3 by a vote of the board prior to the Board election." Article 4, Section 2, which currently reads: "Term of Office. At the first annual meeting the Members shall elect one Difector for a term of one year, one Director for a term of two years, and one Director for a term gf three years; and at each annual meeting thereafter the Members shall elect one Director for term of three years." is deleted in its entirety and replaccd with the following language: "Term of'Office. Except as otherwise provided herein, Directors shall be elected to terms of three years. If there are three directors, one shall be elected each year to a three-year term. lf the board votes to increuse the numher of directors fron three to five, of the two directors added, the one receiving the most votes shall be elected to a three-year term, and the one receiving the next most votes shall be elected to a two-year term, and in all subsequent elections all directors shall be elected to a three-year terrn so as to stagger the terms. If the board votes to decrease the number of directors from five to three. board members whose terms are expiring shall not have their positions replaced until the number of board members becomes equal to three. If this results in a situation other than one board vacancy cvery year, then at the board election(s), board members shall be elected to terns of less than three years so as to result in the proper staggering (one board member vacancy each year), and once

Vol 80032800 0FR 3515 20 the proper staggering is implemented, in subsequent elections all directors shall be elected to a three year term." Article 7, Section (1)(f) hereby added to clarify a board powcr and restrictions thereon, to read as follows: "(f) make expenditures of association funds as reasonably nccessary or appropriate, provided that expenditures of funds for any budget year may not exceed 110% of budgeted expenditures without a majority vote of the mennbership voting in person or by proxy at an association meeting." day of May 2008 Executed and effective this Elliott Ranch Homeowners Association, Inc. By o Ac Holduw HoA Socaea Title: NieR:Ae.Meld?um Printed Name: STATE OF TEXAS COUNTY OF instruument was acknowledged ,before , me on the day of , 2008, by Yick A Meldunn the capacity stated above. Notary Public, State of Texas Exhibit A: original bylaws KIM D. BIGLEY Notary Public After recording, please return to: Stale of Texas Niemann & Niemann, L.L.P. My t.ommission Expires July 10. 2008 Attorneys At Law Westgate Building, Suite 313 1 122 Colorado Street Austin, Texas 78701 Filescrver:CLIENTS:EiliottRanch:Bylawsancndkevd&O7.doc