Simmons Shores
Ballot Results
The following members are duly
elected to the Simmons Shores Board:
Challen Steere
Jason Keller
Athena Borgialli
Jesse Scally
Matt Sutton
Simmons Shores Plot Map (Click Link Below)
May 2024 Meeting Votes 246 Yay for 2 year terms and 57 Nay for 1 year terms
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Click above link for By-Laws
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Click The Above Symbol for our new Deed Restrictions as of November 2023
Topic #1:
VOTES 380 --> Those in favor of requiring a house to be built before a private garage that is detached from the house would also be in favor of a detached garage being built at the same time as a house. This requirement would prevent the building of a garage ONLY on the required minimum number of lots, maintaining that this is a community made up of friends and families and is not a storage location where property owners simply store their things with potentially limited commitment to the community, and its members.
VOTES 77 --> Those in favor of not requiring a house be built before or at the same time as a detached garage would be in favor of allowing an unlimited number of garage ONLY buildings to be erected in our community. A concern here would be the potential lack of commitment to the community and its members as well as the possibility of lowering property values.
Topic #2:
YES 431 --> A vote of YES to confirm that, while we have operated in this manner historically, the manner and verbiage must specify that we agree, a lot bordering a back property line IS considered an adjoining lot and is able to be built on.
NO 14 --> A vote of NO will mean that a backlot IS NOT considered adjoining, which means you would not be able to build on it.
Topic #3:
YES VOTES 16 --> A vote in favor of allowing a Private Residence also known as a Single-Family Dwelling, WITH sharing of common walls and/or roof, to be build in Simmons Shores. This means allowing condominiums, apartment complexes, duplexes and townhouses on any number of lots to be built in our community. The case here is, potentially investors would be looking to capitalize on their lots and minimum lot build requirements, with no verbiage to clarify limitations and allowances. This also brings concerns and complexity of septic installation and success, where an excess of residents are living within the current minimum lot build requirements. Further, the lack of homeownership may lend to minimal community care and decreasing of property values.
NO VOTES 435 --> A vote in favor of not allowing a Private Residence also known as a Single-Family Dwelling, which shares common walls and/or a roof to be built in Simmons Shores. This means that we will retain the current Private Residence also known as Single-Family Dwelling WITHOUT sharing of common walls and/or roof to be built in our community. To further clarify, this vote will authorize updated verbiage to specifically prevent condominiums, apartment complexes, duplexes and townhouses to be built in our community.
In regards to Topic #4:
A vote to increase from $20.00 to $30.00 per lot/per year. Associations must raise assessments periodically to deal with rising maintenance and material costs regarding community amenities. Failure to increase assessments with inflation increases the chances of Special Assessments should there be an emergency that required more funds than are available in POA reserves. Without an increase in funds over time, the POA is forced to lower standards of repair and maintenance, neglecting maintenance needs of the community to meet the budget. The Board AND Property Owners Association have a duty to increase assessments as needed to maintain an adequate budget to meet the needs of the community in it’s entirety. The assessment fee has only been raised one time since 1965 and inflation is over 800% increase since that time.
VOTES 134 --> $20.00
VOTES 326 --> $30.00
In regards to Topic #5:
VOTES 435 --> A vote in agreement would maintain our historical method of operating and would be added to our CC&Rs to specify and clarify the requirement that the 3-lot minimum requirement to build in our community MUST be lots that both adjoin each other and are owned by the same entity/individual.
VOTES 25 --> A vote in disagreement will allow an individual or entity to build a house at one location, on one street and the private garage for said house, to be built several blocks/streets away on “other” lot(s) which may or may not be owned by the same individual or entity.
Results of POA Election Summer 2023
Build on three Lots .... 476.5
Build on two lots .... 241
Square footage build on waterfront properties 1200….. 345
Square footage build on waterfront properties 1500 ….. 369.5
Annual Property Dues per lot, $20.00 …… 470.5
Annual Property Dues per lot, $50.00 ..... 241
Build on Three Lots 476.5
Build on Two lots 241
1200 sq ft on lake front properties....345
1500 sq. ft build on lake front....369.5
POA dues yearly per lot
$20.00 ..... 470.5
POA dues yearly per lot
$50.00 ..... 241
Thank you to Cheryl Self
Our independent voting Officient
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BY-LAWS OF SIMMONS SHORES PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE I
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OFFICES
1. REGISTERED OFFICE AND AGENT
The registered office of the corporation shall be main-
tained at P. 0. Box 127, Pottsboro, in the State of Texas. The
registered office or the registered agent, or both, may be changed
by resolution of the board of directors, upon filing the statement
required by law.
2. PRINCIPAL OFFICE
The principal office of the corporation shall be at
Route 3, Box 252T, Pottsboro, Texas provided that the board of
directors shall have power to change the location of the principal
office in its discretion.
3. OTHER OFFICES
The corporation may also maintain other offices at such
places within or without the State of Texas as the board of
directors may from time to time appoint or as the business of the
corporation may require.
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ARTICLE II
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SHAREHOLDERS
1. PLACE OF MEETING
All meetings of shareholders, both regular and special,
shall be held either at the registered office of the corporation
in Texas or at such other places, either within or without the
state, as shall be designated in the notice of the meeting.
2. ANNUAL MEETING
The annual meeting of shareholders for the election of
directors and for the transaction of all other business which may
come before the meeting shall be held on the second Sunday of May
in each year at the hour specified in the notice of meeting.
If the election of directors shall not be held on the day
above designated for the annual meeting, the board of directors
shall cause the election to be held as soon thereafter as
conveniently may be at a special meeting of the shareholders called
for the purpose of holding such election.
The annual meeting of shareholders may be held for any
other purpose in addition to the election of directors which may be
specified in a notice of such meeting. The meeting may be called
by resolution of the board of directors or by a writing filed with
the secretary signed either by a majority of the directors or by
shareholders owning a majority in amount of the entire capital
stock of the corporation issued and outstanding and entitled to
vote at any such meeting.
3. NOTICE OF SHAREHOLDERS' MEETING
A written or printed notice stating the place, day and
hour of the meeting, and in case of a special meeting, the purpose
or purposes for which the meeting is called, shall be delivered
not less than ten (10) nor more than fifty (50) days before the
date of the meeting, either personally or by mail, by or at the
direction of the president, secretary or the officer or person
calling the meeting, to each shareholder of record entitled to
vote at such meeting. If mailed, such notice shall be deemed to
be delivered when deposited in the United States mail addressed
to the shareholder at his address as it appears on the share
transfer books of the corporation, with postage thereon prepaid.
4. VOTING OF SHARES
Each lot in Simmons Shores Addition shall be the
equivalent of one share of corporate stock and a stock certificate
shall be issued therefor.
Each outstanding share, regardless of class, shall be
entitled to one vote on each matter submitted to a vote at a
meeting of shareholders.
A shareholder may vote either in person or by proxy
executed in writing by the shareholder or by his duly authorized
attorney in-fact.
5. VOTING BY SHAREHOLDERS
Except as otherwise provided by the articles of incorpora-
tion, all decisions regarding the corporation shall be decided by a
majority vote of the shareholders present or by proxy and voting at
any regularly scheduled or duly called special meeting.
ARTICLE III
DIRECTORS
1. BOARD OF DIRECTORS
The business and affairs of the corporation shall be
managed by a board of directors.
Directors need not be residents
of the State of Texas.
2. NUMBER OF DIRECTORS
The number of directors shall be five (5) provided that
the number may be increased or decreased from time to time by an
amendment to these by-laws, but no decrease shall have the effect
of shortening the term of any incumbent director. At each annual
election the shareholders shall elect directors to hold office
until the next succeeding annual meeting.
3. VACANCIES
Any vacancy occurring in the board of directors may be
filled by the affirmative vote of the remaining directors, though
less than a quorum of the board. A director elected to fill a
vacancy shall be elected for the unexpired term of the predecessor
in office. Any directorship to be filled by reason of any increase
in the number of directors shall be filled by election at an
annual meeting or at a special meeting of shareholders called for
that purpose.
4. QUORUM OF DIRECTORS
A majority of the board of directors shall constitute a
quorum for the transaction of business. The act of the majority of
the directors present at a meeting at which a quorum is present
shall be the act of the board of directors.
5. ANNUAL MEETING OF DIRECTORS
Within thirty days after each annual meeting of share-
holders the board of directors elected at such meeting shall hold
an annual meeting at which they shall elect officers and transact
such other business as shall come before the meeting.
6. REGULAR MEETING OF DIRECTORS
A regular meeting of the board of directors may be held
at such time as shall be determined from time to time by resolu-
tion of the board of directors.
7. SPECIAL MEETINGS OF DIRECTORS
The secretary shall call a special meeting of the board
of directors whenever requested to do so by the president or by
two directors.
Such special meeting shall be held at the time
specified in the notice of the meeting.
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8. PLACE OF DIRECTORS' MEETINGS
All meetings of the board of directors (annual, regular
or special) shall be held either at the principal office of the
corporation or at such other place, either within or without the
State of Texas, as shall be specified in the notice of meeting.
NOTICE OF DIRECTORS' MEETINGS
9. All meetings of the board of directors (annual, regular
or special) shall be held upon five (5) days' written or oral
notice stating the date, place and hour of meeting delivered to
each director either personally or by mail or at the directio of
the president or the secretary or the officer or person calling
the meeting.
Neither the business to be transacted at, nor the
purpose of, any annual, regular or special meeting of the board
of directors need be specified in the notice of such meeting.
ARTICLE IV
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OFFICERS
1. OFFICERS ELECTION
The officers of the corporation shall consist of a
president, one or more vice-presidents, a secretary, and a
treasurer. All such officers shall be elected at the annual
meeting of the board of directors provided for in Article III,
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Section 5. If any office is not filled at such annual meeting,
it may be filled at any subsequent regular or special. meeting of
the board.
All officers and assistant officers shall be elected to
serve until the next annual meeting of directors (following the
next annual meeting of shareholders) or until their successors are
elected; provided, that any officer or assistant officer elected
or appointed by the board of directors may be removed with or
without cause at any regular or special meeting of the board when-
ever in the judgment of the board of directors the best interests
of the corporation will be served thereby, but such removal shall
be without prejudice to the contract rights, if any, of the person
so removed.
2. VACANCIES
If any office becomes vacant for any reason, the vacancy
may be filled by the board of directors.
3. POWER OF OFFICERS
Each officer shall have such powers and duties as are
commonly incident to his office and such duties and powers as the
board of directors shall from time to time designate. All officers
shall perform their duties subject to the directors and under the
supervision of the board of directors.
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4. PRESIDENT
The president shall be the chief executive officer of
the corporation. He shall preside at all meetings of the directors
He shall see that all orders and resolutions of
and shareholders.
the board are carried out, subject however, to the right of the
directors to delegate specific powers, except such as may be by
statute exclusively conferred on the president, to any other
officers of the corporation.
He shall submit a report of the operations of the corpora-
tion for the year to the directors at their meeting next preceding
the annual meeting of the shareholders and to the shareholders at
their annual meeting.
5. VICE-PRESIDENTS
The vice-president shall, in the absence or disability.
of the president, perform the duties and exercise the powers of the
president, and they shall perform such other duties as the board
of directors shall prescribe.
6. THE SECRETARY AND ASSISTANT SECRETARIES
The secretary shall attend all meetings of the board
and all meetings of the shareholders and shall record all votes
and the minutes of all proceedings and all perform like duties
for the standing committees when require. He shall give or
cause to be given notice of all meetings of the shareholders and
all meetings of the board of directors and shall perform such
other duties as may be prescribed by the board. He shall keep
in safe custody the seal of the corporation, and when authorized
by the board, affix the same to any instrument requiring it, and
when so affixed, it shall be attested by his signature or by the
signature of an assistant secretary.
7. THE TREASURER AND ASSISTANT TREASURERS
The treasurer shall have the custody of the corporate
funds and securities and shall keep full and accurate accounts
of receipts and disbursements in books belonging to the corpora-
tion and shall deposit all moneys and other valuable effects in
the name and to the credit of the corporation in such depositories
as may be designated by the board of directors.
ARTICLE V
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CERTIFICATES OF STOCK: TRANSFER, ETC.
1. CERTIFICATES OF STOCK
The certificates of shares of stock of the corporation
shall be numbered and shall be entered in the corporation as they
are issued. They shall exhibit the holder's name and number of
shares and shall be signed by the president or a vice-president
and the secretary and shall be sealed with the seal of the
corporation or a facsimile thereof. One share shall be issued to
the record owner of each lot in Simmons Shores Addition.
2. REGISTERED SHAREHOLDERS
The corporation shall be entitled to treat the holder of
record of any share or shares of stock as the holder in fact thereof
and, accordingly shall not be bound to recognize any equitable or
other claim to or interest in such share on the part of any other
person, whether or not it shall have express or other notice there-
of, except as otherwise provided by law.
LOST CERTIFICATE
The board of directors may direct a new certificate of
certificates to be issued in place of any certificate or certifi-
cates theretofore issued by the corporation alleged to have been
lost or destroyed, upon the making of an affidavit of that fact
by the person claiming the certificate to be lost.
ARTICLE VI MISCELLANEOUS
1. INFORMAL ACTION
Any action required to be taken or which may be taken
at a meeting of the shareholders, directors or members of the
executive committee, may be taken without a meeting if a consent
in writing setting forth the action so taken shall be signed by
all of the shareholders, directors, or members of the executive
committee, as the case may be, entitled to vote with respect to
the subject matter thereof, and such consent shall have the same
force and effect as a unanimous vote of the shareholders, directors,
or members of the executive committee, as the case may be, at a
meeting of said body.
2. SEAL
The corporate seal shall be circular in form and shall
contain the name of the corporation, the year of its corporation
and the words "TEXAS" and "CORPORATE SEAL" or an image of the
Lone Star. The seal may be used by causing it or a facsimile to
be impressed or affixed or in any other manner reproduced. The
corporate seal may be altered by order of the board of directors
at any time.
3. CHECKS
The President and one other Board designated person, who
shall not be related to the President by blood or marriage, shall
sign checks for the corporation.
4. FISCAL YEAR
The fiscal year of the corporation shall begin on the
1st day of January in each and every year.
5. DIRECTOR'S ANNUAL STATEMENT
The board of directors shall present at each annual
meeting of shareholders a full and clear statement of the
business and condition of the corporation.
6. AMENDMENTS
These by-laws may be altered, amended or repealed in
whole or in part by the affirmative vote of the holders of a
majority of the shares present or by proxy and voting at any
regular or duly called special meeting.
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THE STATE OF TEXAS, COUNTY OF GRAYSON SIMMONS SHORES PROPERTY OWNERS ASSOCIATION SUBDIVISON RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: That Simmons Shores Property Owners Association, the legal and equitable owner of Simmons Shores, as shown by the plat thereof duly recorded in the Plat Records of Grayson County, Texas, do hereby acknowledge, declare, and adopt the following restrictions: 1. No building shall be erected or maintained on any lot in said subdivision other than a private residence and a private garage for the sole use of the owner or occupant except those lots marked commercial on the plat map. 2. No old, used, existing building or structure of any kind and no part of an old used, existing building or structure shall be moved onto, placed on, or permitted to remain on any lot. All construction is to be of new material. 3. Each residence shall be built on a minimum of 3 lots. Each lot must be at least 50x100 feet. Each lot must be 5000 square feet to be considered a lot. The residence must have a minimum floor area of 1200 square feet exclusive of porches, stoops, open or closed carports, patios or garages, except waterfront lots fronting on government property which shall have a minimum of 1500 square feet for any new construction. 4. No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. 5. The Architectural Control Committee is composed of three (3) members appointed by Simmons Shores Property Owners Association for the betterment and improvement of the subdivision. 6. No fence shall be permitted to extend nearer to the street than the minimum set back line hereinafter provided. 7. No residential structure shall be located nearer to the front lot line than 20 feet, or nearer to the side street line than 10 feet, or nearer to the lot line or rear lot line than 5 feet. 8. No animals or birds, other than household pets, shall be kept on any lot. 9. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. 10. No house trailer, recreational vehicle, camper, manufactured home, mobile home shall be placed on any lot as a residence. (Simmons Shores Property Owners Association Subdivision Restrictions- page 2) 11. Easements are reserved along and within 5 feet of the rear line, 10 feet of front line, and 5 feet of side lines of all lots in this subdivision for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, telephones, water mains, sanitary and storm sewers, road drains and other public and quasi-public utilities and to trim any trees which at any time may interfere or threaten to interfere with the maintenance of such lines with right of ingress to and egress from across said premises to employees of said utilities. Said easements to also extend along any owner's side and rear property lines in case of fractional lots. It is understood and agreed that it shall not be considered a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some portion of said lots within the specified easements stated above as long as such lines do not hinder the construction of buildings on any lots in this subdivision. 12. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales periods. 13. No outside toilet or privy shall be erected or maintained in the subdivision. All sanitary plumbing shall conform to the requirements of the Health Department of Grayson County and the State of Texas. 14. An assessment of $20.00 per lot, per year shall run against each lot in said subdivision for the maintenance of the park areas designated on the plat of such subdivision. Such assessments shall be and is hereby secured by a lien on each lot respectively and shall be payable to Simmons Shores Property Owners Association yearly beginning December 1, 2023, covering each lot in the subdivision. The lien hereby retained to secure such assessments shall be subordinate to, and inferior to, any voluntary lien which may be hereinafter placed against any lot or lots in such subdivision by any present or future owner thereof. 15. If the owner of any lot in said subdivision or any other person, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from doing or to recover damages or other dues for such violation. 16. Invalidation of any one or more of these covenants and restrictions by judgment of any Court shall in no wise affect any of the other covenants, restrictions, and provisions herein contained, which shall remain in full force and effect. SIMMONS SHORES PROPERTY OWNERS ASSOCIATION (Date of this revision: 5/7/2023)
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