Before completing this form, the attorney should complete the supplemental checklist (SC), form 24-19 in this chapter. Information called for in this form by item numbers corresponds with the same-numbered items on that checklist.
Minutes of Special Meeting of Members on Approval of Condominium Termination
1.Call to Order and Opening Remarks. The special meeting of the members of the [SC item 44] (the “Association”) was held on [date] at [time] [a.m./p.m.] at [location] (the “Meeting”).
2.Recording Attendance. The president, [name], directed the secretary to record the attendance of the members of the Association (the “Members”). The secretary then made a list of all Members present in person or by proxy. The secretary determined that a quorum of the Members was present. The president directed the secretary to incorporate the Voting Roll of Members present in person or by proxy as Exhibit A to these Minutes of the Special Meeting of the Members (the “Minutes”). Also, in attendance at the Meeting were the following persons:
[Name]
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Repeat as necessary. |
3.Condominium Termination Agreement and Real Estate Sales Contract (Condominium Regime Termination and Sale of Property). The president presented to the Members the proposed Condominium Termination Agreement, the Appraisal of the Condominium Property (the “TUCA Appraisal”), and the Real Estate Sales Contract for the sale of the Condominium Property to the Buyer under the terms of sale set out in the Condominium Termination Agreement and the Real Estate Sales Contract, attached to these Minutes as Exhibit B. The president noted that the TUCA Appraisal was delivered by the Association to the Members more than thirty days before the Meeting and that the Association had not received disapprovals of the TUCA Appraisal by 25 percent or more of the Members. The president moved, and [name] seconded, the motion, and the following resolutions were approved by the Members by the vote as set out on Exhibit A attached to these Minutes (“Resolutions”).
RESOLVED, that the Condominium Termination Agreement and Real Estate Sales Contract (Condominium Regime Termination and Sale of Property) are approved by the Members of the Association.
RESOLVED FURTHER, that the actions of the officers of the Association executing the Condominium Termination Agreement and the Real Estate Sales Contract are ratified.
RESOLVED FURTHER, that the officers of the Association are directed to proceed to close the sale of the property of the Condominium to the Buyer.
RESOLVED FURTHER, that the Condominium Termination Agreement and Real Estate Sales Contract (Condominium Regime Termination and Sale of Property) are to accompany these Minutes.
RESOLVED FURTHER, that the Condominium Termination Agreement is to be recorded for public record with the county clerk of [SC item 23] County, Texas.
4.Discussions and Other Business. The president reviewed the status of the sale of the property to the Buyer.
5.Adjournment. There being no further business, the meeting was thereupon adjourned at [time] [a.m./p.m.].
[Name], Secretary
Certificate
The undersigned officer of [SC item 44] (the “Association”) certifies that the foregoing are the Minutes of the Special Meeting of the Members; the Resolutions were adopted by the requisite number of Unit Owners as Members of the Association pursuant to a duly called special meeting of the Members; and attached to the Minutes are the counterpart Ballot Signature and Notarization Pages of the Members voting to adopt the Resolutions and a Voting Roll tally of the vote of the Members. If a Member voted by proxy, attached thereto is the Ballot Signature and Notarization Page of the proxy.
[SC item 44], a Texas nonprofit corporation
By:
[SC item 35], President
STATE OF TEXAS
COUNTY OF [county]
This instrument was acknowledged before me on [date] by [SC item 35], president of [SC item 44], a Texas nonprofit corporation, on behalf of the corporation.
Notary Public, State of Texas
Exhibit A
Voting Roll
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Duplicate, modify, and delete rows in the following table as necessary. |
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Unit No. |
Unit Owner Name* |
Vote % |
Yes† |
No‡ |
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[Number] |
[Name of single individual owner voting in person] |
[Percent]% |
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[Number] |
[Name of single individual owner] by proxy, [name of proxy] |
[Percent]% |
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[Number] |
[Name of spouse 1], and |
[Percent]% |
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[Name of spouse 2] by proxy, [name of spouse 1] |
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[Number] |
[Name of co-owner 1] |
[Percent]% |
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[Name of co-owner 2] by proxy, [name of co-owner 1] |
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[Name of co-owner 3], deceased, by [name], independent executor |
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[Number] |
[Name of entity] |
[Percent]% |
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[Number] |
[Name of single individual] |
[Percent]% |
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[Number] |
[Name] as cotrustee of [name of trust] |
[Percent]% |
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[Total number of units] |
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100.00% |
[Percent]%† |
[Percent]%‡ |
*Provide the name of each Unit Owner, and if voting by proxy, state “by proxy” and the name of the proxy.
†Insert an “X” in the “Yes” column for each Unit Owner that voted “Yes” in favor of the Condominium Termination Agreement and the Real Estate Sales Contract. At the bottom of the “Yes” column, record the total percentage of “Yes” votes.
‡Insert an “X” in the “No” column for each Unit Owner that voted “No” not in favor of the Condominium Termination Agreement and the Real Estate Sales Contract and an “NV” for each Unit Owner that did not vote (Unit Owners not voting are deemed a “No” vote). At the bottom of the “No” column, record the total percentage of “No” votes and votes not cast.
Exhibit B
Condominium Termination Agreement with Attached Real Estate Sales Contract
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Attach the condominium termination agreement and the real estate sales contract. |