BY-LAWS
TAMARACK MOUNTAIN OWNERS ASSOCIATION
AS AMENDED FEBRUARY 26, 2025
ARTICLE ONE
MEMBERSHIP
Section 1. Each owner of one or more lots in any section of Tamarack Mountain Subdivision
(hereinafter ''Tamarack Mountain Subdivision") is eligible for membership; provided, however,
that commencing the last Friday in April, 1986, Tamarack Properties, Incorporated, shall not be
eligible for membership.
Section 2. Each Owner will hereinafter be an Owner-Member.
Section 3. Effective July 16, 2016 All members and their families shall have the right to use all of the Association's facilities, including its swimming pool (only two guests are allowed per member), parks and recreational areas, to the extent permitted by and in accordance with the terms and conditions that may be set out in the Association's rules which may from time to time be established by its Board of
Directors. Any exceptions to the above must be brought to the Board of Directors for approval. All
dues and assessments must be current. Large groups/family parties need to contact a Board Member for passes and approval.
Section 4. As to each membership which is held by other than a single individual, that is, a
membership held by two or more persons, by a corporation or by a firm or partnership, the use of
the Association's facilities shall be only by an individual person and the family of such individual
person named by such member.
Section 5. Effective July 16, 2016 All property owners are eligible to vote, Either being present or by proxy vote at the annual meetings. Members who own one or more lots are entitled to one vote. Spouse of said member has one vote. Jointly owned lots have one vote with the exception being married couples who each have a vote.
Section 6. Upon the termination of membership for any cause, all the rights and interest of the
member in the privileges, rights, properties, funds or assets of the Association shall cease, ipso
facto.
Section 7. Membership shall be evidenced by such card, certificate and other writing, as the
Board of Directors shall authorize.
Section 8. A non-owner must become an associate member of Tamarack Mountain Subdivision
as required in Article Two, Section Six.
ARTICLE TWO
DUES AND ASSESSMENTS
Section 1. There shall be no initiation fees.
Section 2 .Dues and assessments apply to all Owner-members.
Section 3. Effective July 16, 2016 Dues and assessments set in the subdivision restrictions may from time to time be adjusted in order to meet the financial obligations of the Owners Association. This
adjustment must be approved unanimously by the entire Board plus the approval of at least
two-thirds of votes cast at the Annual Meeting.
Section 4. If the Association is ever dissolved all the assets will be distributed to a successor Texas nonprofit (type 501 © (7) association or to a tax exempt charitable organization. No distribution will be made to any member of the Association.
Section 5. No part of the net earnings of the Association will inure to the benefit of any member.
Section 6. Non-owners, renters or separate households occupying or living on an owner’s property must become an Associate member of Tamarack Mountain Subdivision and pay separate dues. Non-payment of these dues will revert back to the property owner for collection purposes including, but not limited to, filing of liens on subject property.
Section 7 .Effective July 16, 2011, A late charge of $25.00 a month will be added to each year’s Dues and Assessments or any portion thereof of the remaining unpaid balance.
Section 8. Effective July First 2023 (7/1/2023) Standard Dues will be THREE HUNDRED and No/100 Dollars ($300.00) for all owners and associate members
Section 9. The Following was approved at the Annual Meeting July 21, 2007:
Grandfather in all present Property Owners and set a lot limit per set of dues for future purchases, acquisitions, or change of ownership after July 21, 2007. The standard will be set at 2 residential lots or 4 camping lots per set of dues. On July 20, 2023 the membership voted that each additional residential lot or camping lot purchased after July 20, 2023 will be assessed $50 for each additional residential lot or
each camping lot..
Amendment July 17, 2010
The Owners covered by the Grandfather Clause will forfeit their Grandfather status upon
the purchase, acquisition or addition of any properties after July 17, 2010.
ARTICLE THREE
BOARD OF DIRECTORS
Section 1. The affairs and management of the Association' shall be conducted by a Board of
Directors consisting of the number of Directors as provided in Section 3 of this Article Three,
which Board shall have full power and authority to carry out the purposes of the Association and
to do any and all lawful acts necessary or proper thereto.
Section 2. Except as otherwise provided in Section 3 of this Article Three, Directors shall serve a
term of three years and thereafter until their successors are elected and have qualified. Any
Director may succeed himself and serve as many consecutive terms or nonconsecutive terms as he
may be elected. Directors must be members of the Association.
Section 3.The terms of the Board of Directors shall be so staggered that no more than two Directors shall be elected yearly (in addition to Directors elected due to resignation, death or removal), and the Directors to fill vacancies thus caused may be elected by a majority of the remaining Directors constituting a quorum). The Board of Directors shall consist of five Directors.
Section 4. Effective July 16, 2016 (Beginning in July of 1983), Directors shall be elected at the annual meeting of members by a majority of the vote at such meeting. Before the expiration of the term of any Director, the President shall appoint a nominating committee of three members, which committee shall nominate one nominee for each Directorship to be filled.
Section 5.A majority of the Directors shall constitute a quorum at any meeting and a majority of
those present shall be sufficient to determine any question except in regard to expulsion of members as herein-before provided. Meetings of the Board of Directors may be held at any place within the boundaries of the Association.
ARTICLE FOUR
OFFICERS
Section 1.The officers of the Association shall be a President, one or more Vice Presidents,
a Secretary, and a Treasurer, elected by the Board of Directors. More than one office may be held
by the same person. All officers shall be elected annually by the Board of Directors within a
reasonable time after the annual meeting of the membership of this Association. All officers shall
hold office for a period of one year or until his successor is duly elected and qualified. All
officers shall be required to be a member of the Association and who are not in arrears for more
than 30 days in respect to all assessments and dues of the Association.
Section 2. The President shall be the chief executive officer of the Association and shall
preside over meetings of the Board of Directors and meetings of the membership.
Section 3. Any Vice President shall exercise the functions of the President in his absence and
shall perform such other duties as the Board of Directors may prescribe.
Section 4. The Secretary shall keep, or cause to be kept, the minutes of all meetings and complete
list of all members and their addresses, shall give the notices required of a secretary.
Section 5. The Treasurer shall work closely with the Association Manager in the collection
of all fees, dues and charges and the handling and disbursing of all money. He shall be responsible
for the proper accounting of the Association's financial affairs and the preparing of proper reports
on financial matters and such other reports as may be specified by the Board of Directors.
ARTICLE FIVE
COMMITTEES
Section I. The Board of Directors or the President may appoint such Committees from time
to time and delegate to such committees such duties as it or he may deem proper.
Section 2.The appointments of the membership committee and the nominating committee shall
be made by the President as provided above.
ARTICLE SIX
MEETINGS
Section I. The annual meeting of the members of the Association shall be held on the third
Saturday in July of each year commencing with the year 1988 at the park area in Tamarack
Mountain Subdivision or at such other place as shall be determined by the President of the
Association at 10:00 o'clock A.M. Any change in time or date may be made by the Board of
Directors and 30 days notice be mailed to the last known address of all members. Special meetings
may be called by the President or by a majority of the Board of Directors.
Section 2.Effective July 16, 2016, the number of members entitled to vote shall decide any question
brought before such meeting; the respective members are to have such number of votes as herein-
before provided in Article One.
Section 3.Without notice the annual meeting of the Board of Directors shall be held on the same
day and at the same place as the annual meeting. Special meetings of the Board of Directors shall
be called at any time by the President or by any three members of the Board of Directors. Ten
days written notice shall be required for special meetings unless notice is waived in writing.
Section 4. No notice shall be required with respect to any annual or regular meeting of members
or annual or regular meeting of the Board of Directors.
ARTICLE SEVEN
MISCELLANEOUS
Section 1. Effective July 16, 2016, these By-Laws or any part thereof may be amended, modified, or repealed only by the unanimous vote and approval of all the Directors of the Association plus approval of two-thirds of the voting members.
Section 2.Unless otherwise required by statute, the Articles of Incorporation or by these By-
Laws, any notice required to be given shall not be deemed to be a personal notice but may be
orally given by the President causing to be posted such notice upon any bulletin board at the park area in Tamarack Mountain.
Section 3.The Association shall not enter into any contract to pay and shall not pay a salary
or other remuneration to any officer, Director, or committee member of the Association for their
services as such nor in any other capacity regardless of the capacity in which they may act.
ARTICLE EIGHT
ENFORCEMENT OF DEEDED RESTRICTIONS
Section 1. The Architectural Control Committee will present to the Board of Directors selected
violations. (For review, approval or disapproval) including but not limited to; A. Effective July 18, 2015, All permanent residents must have a Brown County approved septic system and water meter before occupancy.
Section 2.The Board of Directors will notify property owners of any approved violations by
"form letter" stating corrective action and time allocation for completion. (Member should notify
the Board if circumstances will prevent the work from being completed within the time stated.)
Section 3.Twenty-five dollars ($25) non-compliance fee, if corrections are not made within
the allotted time. Twenty-five dollars ($25) added each month until corrections are made.
Section 4.Non-payment of any non-compliance fees will be added to dues and assessment
balance. (Normal collection process will then apply.)
Amendment to By-Laws:
February 26, 2025 by Board of Directors as prescribed by State Law and legal counsel.
A Management Certificate has been updated by our legal counsel and will be filed with Official Public Records, Brown County, Texas.
Charge for Resale Certificate: $275
Charge for Transfer Fee: First year’s dues plus $100. This amount will be dependent on the amount of lots the purchaser buys.
New Owners must register with the office and fill out all appropriate paperwork for membership in Tamarack Mountain Owners Association. New Owners who do not register with the office within 30 days of purchasing property will be charged $250 plus $100 for every month they fail to notify the office of their purchase.