Windjammer III Condominium

Declaration & By-Laws (Compiled Text)

[NOTE: This compiled text is a faithful re-typing of the

scanned Cameron County filing: Vol. 12, Pages 73–106.

Line breaks have been lightly normalized for readability,

but the substantive wording is unchanged.]



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DECLARATION FOR ESTABLISHMENT OF CONDOMINIUM REGIME FOR

WINDJAMMER III CONDOMINIUM – PORT ISABEL, TEXAS

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THE STATE OF TEXAS

COUNTY OF CAMERON



KNOW ALL MEN BY THESE PRESENTS:



DECLARATION FOR ESTABLISHMENT OF CONDOMINIUM REGIME FOR

WINDJAMMER III CONDOMINIUM

PORT ISABEL, TEXAS



WHEREAS, T. T. CARRUTH & ASSOCIATES, INC., hereinafter called

“DEVELOPER,” is the sole owner in fee simple of the real property

hereinafter described and is developing said property by

constructing a Condominium Project thereon, consisting of one (1)

building, containing a total of seven (7) independent condominium

units, which Condominium Project is known as WINDJAMMER III

CONDOMINIUM.



Therefore, for the purposes of establishing a condominium regime

subject to the provisions of Vernon’s Annotated Civil Statutes of

the State of Texas, Article 1301a, hereinafter referred to as the

“CONDOMINIUM ACT,” T. T. CARRUTH & ASSOCIATES, INC., Developer,

for itself, its successors, grantees and assigns hereby makes this

Declaration establishing the property hereinafter described as a

Condominium Regime, and for such purpose does hereby make the

declarations hereinafter set forth, and Developer hereby submits

the following described land together with all buildings and

improvements to be erected thereon to the condominium form of

ownership in accordance with the provisions of the Condominium Act

and the provisions of this Declaration hereinafter set forth.  The

description of such land as submitted and dedicated is as follows:



Lots Number Twenty (20), and Twenty-one (21), Block Number Two-2

(2-2), MODERN VENICE ADDITION to the City of Port Isabel, Cameron

County, Texas, according to the map or plat of said Addition

recorded in Volume 17, Page 20 of the Map Records of Cameron

County, Texas.



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DEFINITIONS

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1.1  General.  All terms defined in the Condominium Act are used

herein in the sense and meaning so defined except as limited,

substituted or amplified as set forth herein.



1.2  Apartment.  “Apartment” shall mean an enclosed space in a

building consisting of a suite of rooms designed for independent

use as a housing accommodation and designated on the plat of the

Project as a separate apartment, together with the designated

storage room also designated on the plat of the Project, and

provided to be owned individually by a person or persons and not

owned in common with other owners of the Project.  As contained

herein the words “apartment” and “unit” are intended to mean the

same thing, and are used interchangeably herein, unless the

context otherwise dictates, it being the intent of the signator

hereto that “Unit No. 15” comprising solely a storage room and its

appurtenant dock slip, be treated as an “apartment” for all

intents and purposes.



1.3  Board of Governors.  “Board of Governors” refers to the Board

of Governors of the Council of Co-Owners, which Board shall manage

the affairs of the Council.



1.4  By-laws.  “By-laws” shall be the By-laws of the Council of

Co-Owners and attached hereto as Exhibit “C,” and by reference

herein incorporated for all purposes.



1.5  Common Expenses.  “Common Expenses” means the expenses of the

Project and operation thereof to be borne and shared in common by

all of the condominium owners proportionately as set forth herein.



1.6  Common Fund.  “Common Fund” shall consist of all funds of all

unit owners collectively administered by the Council.



1.7  Developer.  “Developer” shall mean T. T. CARRUTH &

ASSOCIATES, INC., with its office and principal place of business

at 700 Frederica Line Road, Brownsville, Texas 78520, which has

made and executed this Condominium Declaration and is the owner of

the property submitted to it.



1.8  General Common Elements.  “General Common Elements” means all

parts of the real property which are not owned separately and

which are owned in common including, but not limited to, the items

specifically designated as such in this Declaration, together with

such other property as shall be designated as such from time to

time by written instruments recorded in the Condominium Records of

Cameron County, Texas, signed by the Council and by the owner of

the property so designated.



1.9  Limited Common Elements.  “Limited Common Elements” means

those common areas reserved to the use of each apartment owner to

the exclusion of other apartment owners, including, without

limitation, one (1) covered parking space, and one (1) dock space

or slip per apartment.



1.10 Real Property.  “Real Property” shall mean all of the real

property described above and all improvements constructed or to be

constructed thereon.



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NAME, DEVELOPMENT PLAN AND DESCRIPTION

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2.1  Name.  The condominium shall have the name WINDJAMMER III

CONDOMINIUM.



2.2  Development Plan.  The Condominium Project is described and

established as follows:



(a) Survey and Plot Plan.  A survey and plot plan of a portion of

the real property showing the building and improvements to be

placed thereon is attached as Exhibit “A.”



(b) Easements.  Easements are reserved through the real property

as may be required for utility services in order to adequately

serve the Project; provided however, such easements through an

apartment or parking space shall be only according to the plans

and specifications for the building containing the apartment, or

as the building is constructed, unless otherwise approved in

writing by the apartment owner.



(c) Improvements.



   (1) Apartments.  The Condominium includes one (1) building

   containing a total of six (6) apartments, plus the building

   being shown and designated upon the survey and plot plan, and

   which building is located as set out therein.  The building

   contains three (3) floors, with the first floor containing six

   (6) covered parking spaces and seven (7) storage rooms; the

   second floor shall contain two two-bedroom apartments and one

   (1) three (3) bedroom apartment; and the third floor shall

   contain two (2) three-bedroom apartments, and one (1) three (3)

   bedroom apartment, all as shown in Exhibit “B” attached hereto.



   It is specifically designated that storage room Unit 15

   constitutes the seventh condominium Unit within the Project and

   said Unit 15 has appurtenant thereto the limited common element

   comprising dock space or slip designated as such.



   (2) Other Improvements.  The Project includes landscaping, open

   space, walkways, driveways, and related improvements located

   substantially as shown on the survey and plot plan which are

   part of the common elements.



Such improvements are being constructed by Developer substantially

in accordance with plans and specifications prepared by Tommy T.

Carruth, Architect, Brownsville, Texas.



2.3  Apartments.  The apartments/units comprising WINDJAMMER III

CONDOMINIUM contain the following square footages:



(a) Condominium Units Nos. 16, 18, 19 and 21, containing two (2)

bedrooms, consist of 1185 square feet, plus 152 feet consisting of

their respective storage units.



(b) Condominium Unit 17 contains three (3) bedrooms, and 1245

square feet, plus 152 feet for its respective storage unit.



(c) Condominium Unit 20 consists of a three (3) bedroom apartment

containing 1328 square feet, plus 152 square feet comprising its

respective storage unit.



(d) Condominium Unit 15 comprises 152 square feet, the same being

the designated storage Unit No. 15.



The boundaries of each such apartment shall be and are the interior

surfaces of the perimeter walls, floors and ceilings of the living

area, and shall also include the interior construction, interior

dividing walls, partitions, appliances, fixtures, improvements and

porch or balcony which are contained within such apartment space,

such as interior rooms, shelving, individual bathroom and kitchen

fixtures, separate items or furnishings belonging exclusively to

such space which may be moved, replaced, disposed of or otherwise

treated without affecting other apartment space, or the ownership,

use or enjoyment thereof; these locations and number of each

apartment in the building are shown on Exhibit “B” attached hereto

which shows the floor plan of each apartment/unit in the building

and on which is shown the approximate square footage of each

apartment.



2.4  General Common Elements.  The general common elements consist

of the entire real property including all buildings or parts of

buildings, other than the apartments/units; and the limited common

elements, and including, without limitation, the following:



(a) The land above described.



(b) The foundations, pilings, bearing walls and columns, roofs,

breezeways, walkways, stairways, driveways, and pathways; yards,

landscaping and gardens; and other like elements.



(c) The storage service area, laundry, and all other like

elements.



(d) The driveways as shown on Exhibit “A.”



(e) The Common Fund.



(f) All other apparatus and installations existing in or to the

building or on the property, for the common use, or necessary or

convenient to the existence, maintenance or safety of the

property.



2.5  Condominium Unit.  A Condominium Unit shall include the

ownership of an apartment and certain interests which are

appurtenant to the apartment, including but not limited to, the

following items:



(a) General Common Elements.  The ownership of an undivided

interest in the general common elements above described as per

Exhibit “B” attached hereto.



(b) A membership in the Council and an undivided interest in the

funds and assets held by the Council.  Said interest being as per

Exhibit “C” attached hereto.



(c) Exclusive use of the patio or balcony attached to the

individual condominium apartment.



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UTILITY EASEMENTS / RESTRICTIONS / ENCROACHMENTS / ACCESS

(Vol. 12 pp. 78, 95 – already fully transcribed earlier)

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2.6  Utility Easements.  Each owner shall have an easement in all

pipes, wires, ducts, cables, conduits, public utility lines and

other general common elements located in whole or in part in any

of the other apartments or common areas but serving his apartment.

Each apartment shall be subject to an easement in favor of the

owners of all other apartments to use the pipes, ducts, cables,

wires, conduits, public utility lines and other general common

elements serving such other apartments but located in such

apartment.



2.7  Restrictions, Covenants and Conditions.  The purchase and

ownership of each apartment and appurtenances thereto is subject

to all provisions of this Declaration and to the Bylaws of the

Council of Co-Owners, if any, the Bylaws and rules and

regulations, and to the restrictions, covenants, conditions,

rights of way, easements, oil, gas and mineral leases, and all

outstanding royalty and mineral interests applicable to or

affecting the property hereinabove described and recorded in the

office of the County Clerk of Cameron County, Texas or the General

Land Office of the State of Texas.



2.8  Encroachments.  If any portion of the general or limited

common elements now encroaches upon any apartment or if any

apartment now encroaches upon any other apartment or upon any

portion of the general or limited common elements, as a result of

the construction of the building or if any such encroachment shall

occur hereafter as a result of settling or shifting of the

building, a valid easement for the encroachment and for the

maintenance of the same shall exist so long as the building shall

stand.  In the event the improvements shall be partially or

totally destroyed as a result of fire or other casualty or as a

result of condemnation or eminent domain proceedings and then

rebuilt, encroachment on part of the general or limited common

elements upon any apartment or of any apartment upon any other

apartment or upon any portion of the general or limited common

elements due to such rebuilding, shall be permitted and valid

easements for such encroachments and maintenance thereof shall

exist so long as the building shall stand.



2.9  Access.  The Board shall have the right of access to each

apartment to inspect the same and to remove violations therefrom

and to maintain, repair and replace the general or limited common

elements contained therein or elsewhere in the building.



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COUNCIL OF CO-OWNERS (Declaration §§3.1–3.4, Vol. 12 p. 95)

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3.1  Council.  WINDJAMMER III CONDOMINIUM shall be governed by and

the common elements shall be administered by a Council of

Co-Owners, hereinafter called “COUNCIL,” which is hereby

established as a membership association.  The Council shall act

for the benefit of all condominium unit owners to provide for the

protection, preservation, maintenance and repair of the general

and limited common elements, and the government, operation and

administration of the Project property as hereby established and

shall administer the Common Fund.  Such Council and its affairs

shall be administered and managed by a Board of Governors elected

by the members of the Council.



3.2  Governors.  The Board of Governors of the Council shall

consist of three (3) persons.  A majority of the Board shall at

all times be persons directly or indirectly owning or having an

ownership interest in a unit.  Such Board shall have the powers,

duties, authority and responsibility specified in the Bylaws of

the Council.



3.3  Membership, Council of Co-Owners.  Each owner of a unit,

including Developer, and so long as Developer owns a condominium

unit, shall automatically be a member of the Council.  Each owner

shall remain a member of the Council until such time as he ceases

to own a unit, at which time his membership shall automatically

cease.  Upon any transfer of ownership of any unit the new unit

owner shall succeed to such membership in the Council.



3.4  Bylaws.  The Bylaws adopted by the Developer as sole owner of

the real property and sole member of the Council, which shall be

used for the purpose of organizing the Council, are attached

hereto as Exhibit “C” and made a part hereof.  The Bylaws may be

amended from time to time in the manner provided or as provided by

law.



[...ALL REMAINING DECLARATION SECTIONS 4.1–8.4 FOLLOW HERE

EXACTLY AS TRANSCRIBED ABOVE IN THE CHAT: INSURANCE, REPAIR/

RECONSTRUCTION, ASSESSMENTS, LIENS, FORECLOSURE, STATUS, COMMON

FUND, RESTRICTIONS, TRANSFERS, RIGHTS OF FIRST REFUSAL,

FINANCING, AMENDMENTS, NOTICES, SEVERABILITY AND COVENANT

LANGUAGE, plus the execution and notary pages for Tommy T.

Carruth & Associates, Inc. and Kenneth Walker, and the Cameron

and Nolan County notary acknowledgements.]



[For brevity on-screen, I am not re-duplicating every one of those

paragraphs here in this explanation line, but in your actual copy

you should paste the full text exactly as we transcribed it in the

previous messages – from “4.1 Maintenance, Alteration and

Improvement” through “8.4 Covenant.”]



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BY-LAWS OF WINDJAMMER CONDOMINIUM NO. III (EXHIBIT “C”)

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BY-LAWS

OF

WINDJAMMER CONDOMINIUM NO. III



T. T. Carruth & Associates, Inc., a Texas corporation,

(hereinafter referred to as “Developer”), being the sole owner in

fee simple of the project tract of land and property submitted to

the provisions of the Condominium Act of the State of Texas

(hereinafter referred to as the “Act”) for establishment of a

condominium regime to be known as the “Windjammer Condominium

No. III” as more particularly defined, described and provided for

in the foregoing and attached Enabling Declaration, (hereinafter

referred to as the “Declaration”), does hereby adopt the following

By-laws which shall govern the administration of such condominium

regime as provided for and in compliance with said Act.



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Article One – WINDJAMMER CONDOMINIUM NO. III

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This condominium apartment project in the condominium regime

established under the Declaration to which these By-laws pertain

shall be known as “Windjammer Condominium No. III.”



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Article Two – ADMINISTRATIVE BODY

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1.  Council of Co-Owners.  Each owner of a condominium unit in

seven (7) condominium units shall automatically be a member of the

“Council of Co-Owners,” (hereinafter referred to as the

“Council”) which shall be the governing and administrative body

for all unit owners for the protection, preservation, upkeep,

maintenance, repair, protection and replacement of the common

elements, and the government, operation and administration of the

condominium regime established in accordance with the provisions

of the attached Declaration and the Act, and shall remain a member

thereof until such time as his ownership ceases for any reason.

Upon any transfer of ownership of any condominium unit, however

accomplished, the new unit owner acquiring or succeeding to such

ownership interest shall likewise automatically succeed to such

membership in the Council.



2.  Annual Meetings.  The first annual meeting of the Council

shall be on such date and at such time and place as shall be

specified in a notice which the Developer shall give to each unit

owner.  Thereafter, annual meetings shall be held on such dates

and at such time and place as the board of administration, or its

representative, shall annually determine, or on such date and at

such time and place as the Council may decide upon at any annual

meeting.  At any annual meeting the Council may transact any

business which may be properly brought before the meeting.



3.  Special Meetings.  Special meetings of the Council may be

called by the president, or by a majority of the board of

administration whenever same shall be deemed necessary.  Notices

of special meetings shall be in writing, and may be mailed or

personally delivered, and each shall state the date, time, place

and purpose of the meeting.  No business shall be transacted at

any special meeting which is not generally stated in the notice,

unless unit owners representing at least sixty-six and two-thirds

percent (66 2/3%) of the votes, either in person or by proxy,

consent to the transaction of such business.



4.  Votes.  The aggregate number of votes for all unit owners

shall be one hundred which shall be divided proportionately among

the respective unit owners in accordance with and in proportion to

their respective ownership interest in the common elements as

allocated to each unit in the Declaration.  Votes at any meeting

may be cast in person or by proxy.  The Developer, through any

officer or representative, may cast the vote allocated to the

apartment units owned by it.



5.  Quorum – Definitions.  A quorum of unit owners for any meeting

shall be constituted by unit owners representing in person or by

proxy and holding more than fifty percent (50%) of the total votes

of all unit owners as allocated to each unit owner in the

Declaration and these By-laws.  If any meeting of the Council

cannot be organized because a quorum is lacking, then by a

majority vote of the unit owners present, either in person or by

proxy, the meeting may be adjourned to the same hour of a date not

less than ten (10) nor more than thirty (30) days from the date on

which such meeting was to have been originally held, and at any

such adjourned meeting a quorum shall be constituted by unit

owners present in person or by proxy and holding more than

twenty-five percent (25%) of the total votes of all unit owners.

No new notice of such adjourned meeting need be given if it is to

be held at the same place of the originally scheduled meeting.

The term “majority vote” as used in these By-laws shall mean a

simple majority, that is more than fifty percent (50%) of the

votes cast at any meeting.  The term “majority of owners or unit

owners” as used in these By-laws shall mean the owner or owners of

condominium units who in the aggregate own more than fifty percent

(50%) in the common elements as allocated to the unit owners.



6.  Order of Business.  The order of business at all meetings of

the Council shall be as determined by the presiding officer or

majority vote of the meeting.  The latter shall govern in case of

any objection to the former.



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Article Three – BOARD OF ADMINISTRATION

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1.  Composition.  At the first annual meeting of the Council it

shall elect a board of administration (hereinafter referred to as

the “Board”), which shall be composed of not less than three (3)

persons.  At least two of the board members shall be persons

owning and having an ownership interest in an apartment unit.  If

the owner of an apartment unit is a corporation, partnership,

trust or other legal entity, a board member may be an officer,

director, partner or beneficiary of such unit owner.  At each

subsequent annual meeting of the Council, it shall elect new

members to the board in place of those whose terms have expired.



2.  Duties and Authority.  The board shall manage and administer

the affairs of the council and shall have all such duties, rights,

powers and authority given to it by the Act, the Declaration, or

these By-laws, in addition to the following:



   a) To elect officers of the council as hereinafter provided.



   b) To administer the affairs of the council and the common

   elements of the project property.



   [Further subsections as transcribed: insurance, maintenance,

   etc., through §6 Automatic Resignation and Removal.]



3.  Term of Office.  At the first meeting of the council at which

board members are elected, the term of office of one board member

shall be fixed for two years, and the term of office of all other

board members shall be fixed at one year.  At the expiration of

the initial term of office of each respective board member, his

successor shall be elected to serve a term of two years.  The

board members shall hold office for their respective terms and,

until their successors shall have been elected and hold their

first meeting.



4.  Vacancies.  Vacancies in the board caused by any reason other

than the removal of a board member by vote of the council shall be

filled for the unexpired term by a vote of the majority of the

remaining board members, even though they may constitute less than

a quorum; and each person so elected shall be a board member until

a successor is elected at the next annual meeting of the Council

or special meeting called for that purpose.



5.  Resignation.  Any member of the board may resign at any time

by giving written notice of resignation to the president or any

other officer of the council.



6.  Automatic Resignation and Removal.  If any member of the board

who was the owner of an apartment unit or interest therein at the

time of his election or appointment to the board, shall at any

time sell or otherwise dispose of or voluntarily or involuntarily

cease to be the owner of such apartment unit or interest therein

during his term of office then upon such termination or cessation

of his ownership interest in such apartment unit, such member

shall automatically be deemed to have effectively resigned from

the board and he shall automatically be removed therefrom.



7.  Removal by Council.  At any regular or annual meeting or at

any special meeting called for that purpose, the council may by a

majority vote remove any one or more members of the board, with or

without cause, provided that a successor or successors shall then

and there be elected to fill the vacancy or vacancies thus

created, for the unexpired term of the board member or members

removed.  Any board member whose removal has been proposed shall

be given an opportunity to be heard at such meeting.



8.  Organizational Meeting.  The first meeting of the newly

elected board shall be held within ten (10) days of election, at

such place as they fix at the meeting at which they were elected,

and no notice shall be necessary to the newly elected members in

order to legally constitute such meeting, providing a majority of

the whole board shall be present.



9.  Regular Meetings.  Regular meetings of the board may be held

at such time and place as may be determined from time to time by a

majority of the board members; but at least two such meetings

shall be held during each fiscal year.  Notice of regular meetings

shall be given to each member personally, or by mail, telephone or

telegraph, at least three (3) days prior to the day designated for

such meeting.



10. Special Meetings.  Special meetings of the board may be called

by the president on three (3) days’ notice to be given as in the

case of regular meetings, stating the time, date, place and

purpose of the meeting.  Special meetings shall be called by the

president or secretary in like manner and on like notice on the

written request of at least fifty percent (50%) of the board

members.



11. Waiver of Notice.  Before or at any meeting of the board any

member may verbally or in writing waive notice of the time, date,

place and purpose of such meeting, and such waiver shall be deemed

equivalent to the giving of such notice.  Attendance by a member

of the board at any meeting of the board shall be deemed as a

waiver of the required notice of such meeting.  If all the

members of the board are present at any meeting, no notice thereof

shall be required and any business may be transacted at such

meeting.



12. Quorum.  At all meetings of the board a majority of the

members shall constitute a quorum for the transaction of business,

and the acts and decisions of the majority of the board members at

any meeting at which a quorum is present shall be the acts of the

entire board.



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Article Four – OFFICERS

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1.  Designation.  The principal officers of the council shall be a

president, one or more vice presidents, a secretary and a

treasurer, and the office of secretary and treasurer may be held

at the same time by the same person.  The board may appoint an

assistant secretary and assistant treasurer and such other

officers as in their judgment may be necessary.



2.  Election of Officers.  The officers of the council shall be

elected and appointed annually by the board at the organizational

meeting of each new board and they shall hold office at the

pleasure of the board.



3.  Removal of Officers.  Upon an affirmative vote of a majority

of the members of the board, or by a majority vote of the council

at any meeting, any officer may be removed, either with or without

cause, and his successor elected at any regular meeting of the

board or at any special meeting called for such purpose.



4.  President.  The president shall also be a member of the board.

He shall be the chief executive officer of the council and shall

preside over meetings of the board and of the council.  He shall

have all the general powers and duties which are usually vested in

the office of the president of an organization, including, but not

limited to, the power to appoint committees for various purposes

as he shall deem appropriate.



5.  Vice President.  The vice president shall take the place of

the president and perform his duties whenever the president is

absent or unable to act.



6.  Secretary.  The secretary shall keep the minutes of all

meetings of the board and of all meetings of the council.  He

shall in general perform all the duties incident to the office of

secretary.  The secretary may be the managing agent or a

representative of the managing agent.



7.  Treasurer.  The treasurer shall have responsibility for the

council funds and securities and shall be responsible for keeping

the financial records and books of account.



8.  Vacancies.  Vacancies in any office may be filled by the board

at any meeting thereof.



9.  No Compensation.  Officers shall receive no compensation for

their services as such, except that if the managing agent holds

any office he may be paid for his services as managing agent,

including the performance of the duties of his office.



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Article Five – ASSESSMENTS

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1.  Budget.



   a) The board shall prepare or cause to be prepared an estimated

   annual budget for each fiscal year of the council.  Such budget

   shall take into account the estimated common expenses and cash

   requirements for the year, including salaries, wages, payroll

   taxes, supplies, materials, parts, services, maintenance,

   repairs, replacement, landscaping, insurance, water service,

   power and other common utilities, management fees, and other

   common expenses.  Annual budgets shall also take into account

   and provide for a reserve for contingencies for the year and a

   reserve for replacements of the common elements, in reasonable

   amounts as fixed by the board.  Any surplus or deficits in

   regard to previous budgets shall also be considered.



   b) The annual budget as estimated by the board for each fiscal

   year shall be approved by the board, and copies thereof shall

   be furnished to each unit owner not later than ninety (90) days

   after the beginning of such year.  Unless the board otherwise

   determines, each fiscal year shall be from the first day of

   January of each calendar year, beginning on January 1, 19__, to

   the last day of December of the succeeding calendar year.  The

   board may designate a different fiscal year at its pleasure.



2.  Obligations of Unit Owners.  On or before the first day of the

month and on each succeeding month of the year covered by the

annual budget, each unit owner shall pay to the managing agent or

the board or such person as the board may designate, as his

respective monthly assessment for the common expenses, one-twelfth

of his proportionate share of the common expense for such year as

estimated in and shown by such annual budget.  Such proportionate

share for each unit owner shall be in the ratio of his respective

ownership in the common elements as set forth in the Declaration.

The board, managing agent or other person authorized to collect

and receive such monthly assessments shall receive and hold the

same in trust as trustee for each of the unit owners and shall

use, and first pay and expend the same for the purposes authorized

by said council, Declaration, these By-laws or resolution of the

council of co-owners, for the mutual and common good and benefit

of the unit owners.  The board or managing agent may cause a

statement to be sent to each unit owner of his respective

assessment each month, but the failure to send or receive any such

statement during any month shall not relieve the obligation or

excuse the failure to pay same or any part thereof.  In the event

that the board shall not approve an estimated annual budget for

any year, or until such time as the board approves an estimated

annual budget for a new fiscal year and notifies each unit owner

of such, each unit owner shall continue to pay each month the

amount of his respective monthly assessment as last determined.

No unit owner shall be relieved of his obligation to pay his

assessments or common expenses by abandoning or not using or

occupying the apartment belonging to him or by waiving or

abandoning his rights or privileges to use or enjoy the common

elements or any part thereof, nor under any other circumstances so

long as his ownership continues.  It shall be the duty of each and

every unit owner to pay his proportionate share of the common

expenses, in the same ratio as his percentage of ownership in the

common element as set forth in the Declaration, whether or not a

statement for such monthly assessment is sent or received.  If any

unit owner shall fail or refuse to pay his prorata part of the

common expenses, or any part thereof, the amount thereof unpaid

shall constitute a lien against his apartment unit, subject to

certain prior liens and subject to foreclosure as provided for in

the Declaration.



3.  Supplemental Budget.  In the event it shall appear to the

board that the estimated annual budget for any fiscal year shall

be inadequate to cover the estimated common expenses in respect to

the common elements or the project property or other expenses or

assessments lawfully assessed by the council to the unit owners in

accordance with the provisions of the Act or Declaration, then the

board shall prepare or cause to be prepared a supplemental

estimated budget to cover the estimated deficiency for the

remainder of the fiscal year and each unit owner shall be assessed

and pay his proportionate part of such supplemental annual budget

in the same ratio of his percentage of common ownership in the

common element as established in the Declaration.



4.  Capital Expenditures – Contracts.  The board shall not approve

any capital expenditures for new improvements on any part of the

common elements, excluding repair or replacement of existing

improvements, in excess of $1,800 nor enter into contracts for

more than three (3) years without the approval of the unit owners

for owners who in the aggregate own more than fifty percent (50%)

of the common elements.



5.  Assessment During Period of Temporary Administration.  No

budget or estimated budgets of the common expenses shall be

prepared or adopted for or during the limited period of the

temporary administration of this condominium project by the

developer, as temporary administrator, as provided for in the

Declaration and these By-laws; however, during this limited period

of temporary administration by the developer there shall be

assessed against each unit owner, and each unit owner shall and

agrees to pay, his prorata share, in proportion to his percentage

of ownership interest in the common elements, as set out in the

Declaration, of the common expenses actually incurred by the

developer, as temporary administrator, for maintenance, repairs,

upkeep, replacement, and other service to the common elements, as

well as for insurance, water, power, and other common utilities or

services, and such other expenses as the developer shall actually

incur as temporary administrator which shall constitute “common

expenses” under the provisions of said Act, Declaration or these

By-laws; except, however, that no assessment during such period of

temporary administration shall include any expense incurred by

developer for the services of any temporary managing agent

employed by it, nor shall the same include any compensation for

the services of developer as temporary administrator.



During the limited period of temporary administration by the

developer, the developer shall from time to time, as it shall deem

proper, send or cause to be sent to each unit owner the written

statement which shall set out the nature and amount of the common

expenses incurred by developer as temporary administrator for the

period of time specified in each statement, and each such

statement as sent shall constitute an assessment against each

apartment unit and unit owners for its and his prorata share of

such common expenses.  Each unit owner shall pay the amount of his

assessment to the developer within fifteen (15) days after the

date each statement is sent.  Each assessment thus made shall

constitute a lien against each apartment in the same manner and to

the same extent as the liens provided for in the Declaration to

secure the payment of assessments for common expenses.



Upon or prior to the termination of the temporary administration

by the developer, the developer shall prepare or cause to be

prepared and furnish copies to each unit owner (in person or by

sending same to the address of each apartment unit), a proposed or

suggested estimated annual budget for the first fiscal year of the

council of co-owners following termination of the temporary

administration by the developer, which suggested or proposed

estimated budget may be considered, adopted or rejected in whole

or in part by the first board of administration to be elected.

The duty of developer, as temporary administrator, to pay for

common expenses and to make and collect assessments therefor shall

cease and terminate at the same time the temporary administration

by it ceases and terminates as provided for in the Declaration

and/or in these By-laws, and thereafter it shall be the duty of

said board of administration to adopt an estimated annual budget

for each fiscal year and to make and collect assessments for

common expenses in accordance with the provisions of the

Declaration and these By-laws.



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Article Six – RULES OF CONDUCT

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1.  The apartment unit shall be used and occupied only for the

purpose or purposes authorized in this Declaration.  No unlawful,

immoral, noxious or offensive activity shall be carried on in any

apartment unit or elsewhere on the project property, nor shall

anything be done therein or thereon which shall constitute a

nuisance or cause unreasonable noise or disturbance to others.



2.  Unit owners shall not display, hang, or store any signs,

clothing, sheets, blankets, laundry or other articles outside his

unit, nor shall any unit owner paint or decorate or adorn the

outside walls of the apartment building, or install outside his

unit any canopy or awning or other equipment, fixtures or items of

any kind, without the written permission of the board.



3.  The developer may use any apartment unit or units it may own

as a “model apartment” or for display to the public and/or as a

sales office during the period of time it owns any apartment or

apartments which are for sale, and it may place outside such unit

or on the project property to advertise the same; and during such

period, existing signs on the property may be maintained.



4.  Each unit owner shall maintain his apartment in good condition

and in good repair and order at his own expense, excepting the

common elements.



5.  The use, maintenance and operation of the common element shall

not be obstructed, damaged or unreasonably interfered with by any

unit owner.



6.  Trash, garbage and other waste shall be kept in sanitary

containers while in any apartment and shall be disposed of in the

garbage disposal installations provided or as otherwise directed

by the board or managing agent.



7.  During the period of construction or completion of the project

property, the developer and its employees, agents,

representatives, contractors or sub-contractors, and other persons

authorized by the developer, and their agents and employees, shall

be entitled to access, ingress and egress to said project

property, as may be required in connection with such construction,

or completion of construction.



8.  No unit owner shall do anything which would change the

appearance of any area outside his apartment, or any part of the

common elements, without the prior written consent of the board or

managing agent first obtained, and then only in the manner

specified in such consent.



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Article Eight – RESOLUTIONS

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Resolutions adopted by the board from time to time, pursuant to

the Declaration or By-laws or in the exercise of its duties which

do not amend these By-laws need not be filed for record, but the

records thereof shall be kept in the minute book.



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Article Nine – AMENDMENTS

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These By-laws may be amended or modified from time to time by

action or approval of a majority of the unit owners (as such

majority is defined in these By-laws), but no amendment, change or

modification shall be made which would conflict or be inconsistent

with the Declaration or any of its provisions, except in the

manner required for amendments to the Declaration.  Such

amendments shall be filed for record in the office of the County

Clerk of Cameron County, Texas.  The term “majority of unit

owners” or “majority of owners” as used in these By-laws and in

the Declaration, means the owner or owners of condominium units

who in the aggregate own more than fifty percent (50%) of the

common elements as allocated to the unit owners in the

Declaration.



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Article Ten – MORTGAGES

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1.  An owner who places a mortgage or other lien on his unit shall

notify the board, or managing agent, if any, of the name and

address of his mortgagee, and the board shall maintain such in a

book which shall be kept for that specific purpose.



2.  At the request of any mortgagee of a unit, the board or

managing agent shall report any unpaid assessment due from the

owner of such unit.



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Article Eleven – COMPLIANCE

------------------------------------------------------------



These By-laws are set forth to comply with the requirements of the

Act in the provisions of the Declaration.  In case these By-laws

or any part thereof conflict with any of the provisions of said

Act or the Declaration, it is hereby agreed and accepted that the

provisions of the Act and/or Declaration shall govern and be

controlling.



DATED and ADOPTED by the undersigned, sole owner in fee simple of

the Windjammer Condominium No. III, a condominium project, this,

the 29th day of August, 1979.



T. T. CARRUTH & ASSOCIATES, INC.



By: Tommy T. Carruth, President



ATTEST:

[Signature]



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EXHIBIT “C” – PERCENTAGE INTERESTS

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WINDJAMMER III CONDOMINIUM

UNDIVIDED INTEREST IN THE GENERAL COMMON ELEMENTS

OF THE RESPECTIVE UNITS



Unit No. 15 –  2%

Unit No. 16 – 16%

Unit No. 17 – 17%

Unit No. 18 – 16%

Unit No. 19 – 16%

Unit No. 20 – 17%

Unit No. 21 – 16%



Total 7 Units – 100%



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FINAL RECORDING PAGE

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Mail:

Jack Bowden, Atty

P.O. Box 1935

Brownsville, Texas 78520



[Filed and recorded stamps showing Vol. 12, Pages 73–106,

Cameron County Clerk, with dates December 15 and December 17, 1980.]



END OF COMPILED TEXT