Berkshire

What Berkshire's governing documents say

Berkshire is a single-family homeowners association (HOA) in Fort Worth, Texas. This document is the Association's Covenant Enforcement and Fining Policy, which details the procedures and fines for violations of the governing documents. It applies to all property owners and occupants.

• Fines for curable violations: Fines escalate if a curable violation continues: initial fine up to $50; if not cured in 10 days, a second fine up to $100; if not cured in another 10 days, a third fine up to $200; then at least $200 every 10 days until cured.
• Fines for incurable violations: For violations deemed incurable or a threat to health/safety, the Board may set the fine amount in its sole discretion, considering the nature, frequency, and severity of the violation.
• Notice and hearing process: After a violation is observed, the Board may send a courtesy notice giving 14 days to cure, or proceed directly to a formal Notice of Violation. The owner then has 30 days to request a hearing; otherwise, fines are imposed. The hearing must be held within 30 days of the request, and the owner has 10 days' notice. Minutes and a written decision follow.
• Corrective action by the Association: If the Board determines a violation can be readily corrected, it may do so after giving prior written notice to the owner and any known affected third party. Costs are charged to the owner, and the Association is not liable for damages.
• Referral to legal counsel: The Board may refer any violation to legal counsel at any time, including seeking injunctive relief. Attorney's fees and enforcement costs become the owner's personal obligation.
• Notice delivery methods: Notices may be delivered personally, by first-class mail, or by certified mail. If a notice is taped to the front door, it is considered received. Mail notices are presumed received on the third business day after postmark.
• Transfer of title during enforcement: If a property is sold while enforcement is pending, the previous owner remains liable for all costs and fines incurred. The new owner may then be subject to a new enforcement starting with a courtesy or violation notice.
• What this document doesn't cover: This is a partial document — only the fining policy. It does not include the full Declaration, Bylaws, or Architectural Guidelines, which contain other rules (e.g., use restrictions, architectural standards, assessments). Those governing documents are referenced but not fully provided here.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.