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I am a member of a non profit corporation that is a

Homeowners Association in the state...
I am a member of a non profit corporation that is a Homeowners Association in the state of Texas. The Articles of Incorporation are stamped "Filed in the Office of the Secretary of State of Texas April 01, 2003."There are 2 covenants:
1. The first (covenants #1) for lots 1-21 on one particular street called Kenyon.
2. Then later, another set of covenants (covenants #2) for lots 1- 145 on multiple other streets.
Both covenants have been filed in the local courthouse. Covenants #1 were notarized April 24, 2003. Covenants #2 were notarized on July 30, 2003.
Both covenants #1 and #2 make mention of the April 1, 2003 date numerous times throughout the covenants, and one example is as follows:
"MCHA" refers to the Monte Cristo Homeowners Association , a Texas Non profit Corporation previously organized on April 1, 2003 under the laws of the State of Texas, Office of the Secretary of State, Filing number###-##-####There is a statement in both covenants #1 and #2 that says as following:
"Any and all the rights, powers and reservations of Declarant herein contained shall inure to the benefit of the Monte Cristo Homeowners Association (MCHA), excepting as otherwise herein before specified, when one hundred (100) percent of the lots in Subdivision have been sold by Declarant, or upon the lapse of Fifteen(15) Years from the date of recordation hereof, which ever should first occur."We have an Annual Meeting of the Homeowners Association that is to be held on April 2, 2018. It would be my opinion that the date of recordation is April 1, 2003 and thus as of April 2, 2018, the time period of 15 years has lapsed. Therefore the declarant can no longer vote his empty lots. We are concerned that the declarant will try to use either the April 24, 2003 date or the July 30, 2003 date.
Do you agree?
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Answered in 1 hour by:
3/18/2018
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,563
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It is the April 1, 2003 date that would goven in this situation, and clearly the 15 year time period has expired.

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Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Lawyer
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Customer reply replied 4 months ago
your answer is fine and in line with our thoughts. What are the rules of Just Answer in getting something with your name on it and in writing?
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