Document

ELECTRONICALLY RECORDED 201800063296 03/12/2018 03:12:59 PM CONDOMINIUM 1/64 COMMUNITY MANUAL ALTA VISTA EAST TOWNHOME CONDOMINIUMS .

Consisting of: Certificate of Formation Bylaws Initial Rules & Regulatio Assessment Collection Pol ining Policy Utility Shut-off Pali Alta Vista East Towphdwic’G 75206, 5905 Ross AyenteB and is subject tg the on February 18, 2619 Dallas County, exa 206 and 5909 Ross Avenue, Dallas, Texas 75206 O€ Alta Vista East Townhome Condominiums, recorded ALTA VISTA EAST TOWNHOME CONDOMINIUMS COMMUNITY MANUAL TABLE OF CONTENTS 1. CERTIFICATE OF FORMATION ATTACHMEN] 2. BYLAWS 3. INITIAL RULES AND REGULATIONS 4, - ASSESSMENT COLLECTION POLICY 5. FINING POLICY 6. UTILIY SHUT-OFF POLICY FTACHMENT 6 8. ATTACHMENT 8 9. ATTACHMENT 9 10. ATTACHMENT 10 ATTACHMENT 1 CERTIFICATE OF FORMATION OF ALTA VISTA EAST TOWNHOME CONDOMINIUM ASSOCIATION & (Attached to this cover page.)

To: Filing Division - Secretary of State Page 3 of 12 2018-01-11 20:51:23 (GMT) 214. coz. edt From: Russ Eeates FILED Secmmary oreiste i eneokas CERTIFICATE OF FORMATION OF J AN 112 018 ALTA VISTA EAST TOWNHOME CONDOMINIUM ASSOCIATION Corporations Section The undersigned natural person, being of the age of eighteen (18) years or more, a citizen of the State of Texas, acting as incorporator of a nonprofit corporation under the Texas Business Organizations Code, does hereby adopt the following Certificate of Formation for such corporation: ARTICLE I- NAME The name of the corporation is Alta Vista East Townhome Condominium As$qciatio' “Association").

ARTICLE I- NONPROFIT CORPORA’ The Association is a nonprofit corporation.

ARTICLE I0- DURAS The Association shall exist perpetually.

ARTICLE IV- PURPOSE ANB PO SSOCIATION fate for nonprofit purposes pursvant

I- NONPROFIT CORPORA’ The Association is a nonprofit corporation.

ARTICLE I0- DURAS The Association shall exist perpetually.

ARTICLE IV- PURPOSE ANB PO SSOCIATION fate for nonprofit purposes pursvant | contemplate pecuniary gain or profit to The Association is organized in accordance with ‘ormédd ffor thé p purposes of exercising the nghts and powers and to perform the g dip of a Texas property owners association, in accordance with applicabl Jaw includia’, without limitation, all of the powers and privileges, and performfipa fhe tytiesand obligations, of the Association as set forth in that certain Declaration of \Cowepan onditions and Restrictions for Alta Vista East Townhome Condominiums that is 6 be } ed ip the Official Public Records of Dallas County, Texas, the same may be amended melo time (the "Declaration"). Without limiting the generality of the foregoing, organized for the following general purposes collect, and enforce payment by any lawful means all charges or ent® arising pursuant to the terms of the Declaration; all expenses incident to the conduct of the business of the Association, ding all licenses, taxes, or governmental charges levied or imposed against the Association's property: and to have and to exercise any and all powers, rights, and privileges which a nonprofit entity organized under the Texas Business Organizations Code niay now, or later, have or exercise.

The above statement of purposes shall be construed as a statement of both purposes and powers.

The purposes and powers stated in each of the clauses above shall not be limited or restricted by CERTIFICATE OF FORMATION - Page 1 To: Filing Division - Secretary of State Page 4 of ‘2 2018-01-11 20:51:23 {GMT) 214.602.6491 From: Russ Toates

the clauses above shall not be limited or restricted by CERTIFICATE OF FORMATION - Page 1 To: Filing Division - Secretary of State Page 4 of ‘2 2018-01-11 20:51:23 {GMT) 214.602.6491 From: Russ Toates reference to, or inference from, the terms and provisions of any other such clause, but shall be broadly construed as independent purposes and powers.

ARTICLE V- REGISTERED OFFICE; REGISTERED AGENT The street address of the initial registered office of the Association is 12740 Merit Drive, Dallas, Texas 75251. The name of its initial registered agent at such address is Jack Gian.

ARTICLE V]- MEMBERSHIP The Association is a nonstock membership organization. Membership in the Association sh¢ as defined and set forth in the Declaration, and is dependent upon ownership of a property y Any person or entity acquiring a property interest as set forth in the Declaration shall automat except together with the title to the qualifying property interest, and title to such property interest.

entitled to ‘vote at any meeting of the Associati evidence of ownership of a qualifying prope Decijaration).

an initial Board of Directors consisting of three the Association. The Board shall fulfill all of the branted to, Boards of Directors of nonprofit corporations — anizitions Code. The number of Directors of the Association he Bylaws of the Association. The names and addresses of the pacity of initial Directors until the selection of their successors are: may be changed by afnendrite persons who are to (ay ow 7184 Fisher Road, Dallas, Texas 75214 ADDRESS 1920 Hacket Creek Drive, McKinney, Texas 75070 ack Gian 12740 Merit Drive, Dallas, Texas 75251 CERTIFICATE OF FORMATION - Page 2

persons who are to (ay ow 7184 Fisher Road, Dallas, Texas 75214 ADDRESS 1920 Hacket Creek Drive, McKinney, Texas 75070 ack Gian 12740 Merit Drive, Dallas, Texas 75251 CERTIFICATE OF FORMATION - Page 2 As set forth in the Declaration, the initial directors serve at the pleasure of the Declarant, and who will serve until the earlier of the appointment of a successor by Declarant or their successor is elected by the members of the Association as set forth in the Declaration. All of the powers and prerogatives of the Association shall be exercised by the initial Board of Directors named above until the first annual meeting of the Association.

ARTICLE IX- LIMITATION OF DIRECTOR LIABILITY A director of the Association shall not be personally liable to the Association or its members for, monetary damages for any act or omission in his capacity as a director, except to the exfe otherwise expressly provided by a statute of the State of Texas. Any repeal or modification of this Article shall be prospective only, and shall not adversely affect any limitation of the gers liability of a director of the Association existing at the time of the repeal or modification ARTICLE X- INDEMNIFICATION reason of his being or having been such director or offic® have been taken or omitted by him in either such capacity. Subs in the manner and under the terms, conditions and yoita Association. The Association may also none trustee, attomey or other representative of ie incurred by such person acting in that capacity.

eo signed assent of not less than ninety percent Oclation, as determined under the Declaration. Upon.

ident to a merger or consolidation, the assets of the

rred by such person acting in that capacity.

eo signed assent of not less than ninety percent Oclation, as determined under the Declaration. Upon.

ident to a merger or consolidation, the assets of the or was an employee, agent, sfany liability asserted against or an Yaf created. In the event that such dedication is refused a anted, conveyed, and d assigned to any ponprofit corporation, quirés“by law to be taken at any annual or special meeting of the members of the any action that may be taken at any annual or special meeting of the members of aS ‘detérmined under the Declaration or this Certificate of Formation.

CERTIFICATE OF FORMATION - Page 3 Ta: Filing Division - Secretary of State Page 6 of 12 201 8-01-11 20:51:23 (GMT) cee 214.602.6491 From: Russ loaire., ARTICLE XIN- AMENDMENT This Certificate of Formation may be unilaterally amended without notice to or a vote of the Members to the extent set forth in the Declaration by the Board of Directors or by the Declarant.

For all other purposes, an amendment of this Certificate of Formation shall be by proposal submitted to the membership of the Association. Any such proposed amendment submitted to the membership shal! be adopted only upon an affirmative vote by the holders of a minimum of twothirds (2/3) of the total number of votes of the Association, as determined under the Declaration.

In the case of any conflict between the Declaration and this Certificate of Formation, the Declaration shall control; and in the case of any conflict between this Certificate of Formationaid the Bylaws of the Association, this Certificate of:Formation shall control.

" ARTICLE XTV- ORGANIZER The name of the organizer is W. Charles Scheihing I, whose address is 220, Dallas, TX 75240.

ionaid the Bylaws of the Association, this Certificate of:Formation shall control.

" ARTICLE XTV- ORGANIZER The name of the organizer is W. Charles Scheihing I, whose address is 220, Dallas, TX 75240.

IN WITNESS WHEREOF, the undersigned has hereunto set his h 2018.

YL (LL ss W. Charles Scheihing IU, Organizer CERTIFICATE OF FORMATION - Page 4 ATTACHMENT 2 ALTA VISTA EAST TOWNHOME CONDOMINIUM ASSOCIATION BYLAWS (Attached to this cover page.)

BYLAWS OF ALTA VISTA EAST TOWNHOME CONDOMINIUM ASSOCIATION (A Texas Condominium Association) ARTICLE 1 INTRODUCTION 1.1 PROPERTY. These Bylaws provide for the governance of the Alta Vista East Townhome Condominiums, located at 5901 Ross Avenue, Dallas, Texas 75206, 5905 Ross Avenue, Dallas, Texas 75206 5909 Ross Avenue, Dallas, Texas 75206, on Lot 3A, Block 1/1476, ROSS/HUBERT, PHASE 3 ADDITION, Addition to the City of Datlas, Dallas County, Texas, according to the plat thereof recorded under Clerk's 201400031079, Real Property Records, Dallas County, Texas (the "Property").

Records of Dallas County, Texas (the "Declaration").

1.3 DEFINITIONS. Words and phrases defined in the Declarati used in these Bylaws.

Declarant Control Period and the Development Period, such as and replacement of directors.

1.5 PARTIES TO BYLAWS. All present or uy 9 occupy the Property in any manner are subject to ; Documents as defined in the Declaration. The mere act that these Bylaws are accepted, ratified, and will be the Declaration and these Bylaws. The A do isa nengrofit organization, to be incorporated as required by the Texas Uniform Condominium Ac wS\ 1.7 APPLICABLE \LAWY’Y Assbefation is a legal entity governed by the Texas Uniform Condominium Act (the At) 1. thts Se as Business Organizations Code (the "Code"). Although the Act

Condominium Ac wS\ 1.7 APPLICABLE \LAWY’Y Assbefation is a legal entity governed by the Texas Uniform Condominium Act (the At) 1. thts Se as Business Organizations Code (the "Code"). Although the Act requires incorporation of th affect the validity or existey subject to Chapter 22 of T: the Association is ng t a he ldss of the Association's corporate status from time to time does not : ) e‘Asseg Saige As a Texas domestic nonprofit corporation, the Association is fy e|Code, the Texas Nonprofit Corporation Law. During any period in which Orate4 RAL POWERS AND DUTIES. The Association, acting through the board, has the powers é ay for the administration of the affairs of the Association and for the operation and maintenance of the Property“as may be required or permitted by the Governing Documents and applicable law. The Association may do any and all things that are lawful and which are necessary, proper, or desirable in operating for the best interests of its members, subject only to limitations upon the exercise of such powers as may be contained in applicable law or the Governing Documents.

ARTICLE 2 BOARD OF DIRECTORS 2.1 NUMBER AND TERM OF OFFICE. After the Declarant Control Period, the board will consist of three persons. The number of directors may be changed by amendment of these Bylaws, but may not be less than three. Upon election, each director will serve a term of 2 years. A director takes office upon the adjournment of the meeting or balloting at which he is elected or appointed and, absent death, ineligibility, resignation removal, will hold office until his successor is elected or appointed.

2.2 STAGGERED TERMS. To maintain staggered terms, two directors will be electe same method will be used to re-establish staggered terms.

, will hold office until his successor is elected or appointed.

2.2 STAGGERED TERMS. To maintain staggered terms, two directors will be electe same method will be used to re-establish staggered terms.

2.3 QUALIFICATION. The following qualifications apply to the board.

] appointment of persons 2.3.1 Owners. At least a majority of the dirés of members, or residents of the Property.

Nnust be members of the Association, spouses 2.3.2 Entity Member. If a unit is owned bY Plega #7, such as a partnership or corporation, any officer, partner, agent, or employee of that unbef K SligiPle to serve as a director and is deemed to be a member for the purposes of this Section. If tke felati between the entity member and the director representing it terminates, that directorship will be-dgex ar 2.3.3 Gnit, such as spouses, may not serve on the board at the same time.

2.3.4 may be elected or appointed as a director if any assessment against the person or his ays’ delinquent at the time of election or appointment, provided he has been given notice of thedeg ad a reasonable opportunity to cure it.

2.3.5 & person may be elected or appointed as a director ifthe person or his unit tment - has not cured a violation of the Governing Documents for which the ang a reasonable opportunity to cure.

at the time of elect ELECTION. Directors will be elected by the members of the Association. The election of be conducted at the annual meeting of the Association, at any special meeting called for that purpose, amy method permitted by applicable law, such as Section 22.160(d) of the Code, which may include, without limitation, mail, facsimile transmission, electronic mail, or a combination of any of these.

2.5 VACANCES. Subject to the exceptions below, vacancies on the board caused by any reason are

ude, without limitation, mail, facsimile transmission, electronic mail, or a combination of any of these.

2.5 VACANCES. Subject to the exceptions below, vacancies on the board caused by any reason are filled by a vote of the majority of the remaining directors, even though less than a quorum, at any meeting of the board. Each director so elected serves until the next meeting of the Association, at which time a successor will be elected to fill the remainder (if any) of the term that was vacated. The exceptions to board-elected replacements are (1) the removal of a director by a vote of the Association's members, who will elect a replacement, and (2) a vacancy occurring because of an increase in the number of directors, which also will be filled by election of the members.

2.6 REMOVAL OF DIRECTORS.

2.6.1 Removal by Members, At any annual meeting of the Association or at any special meet with or without cause by members representing at least two- thirds of the votes present in person or b: the meeting, and a successor may then and there be elected to fill the vacancy thus created. Any dip a. The director is a party adverse to the Associatip Association in pending litigation to which the Association, board Association did not file suit to effect removal of the director.

as been deinduent for at least 90 days or soths, provided he was given notice of the b. The director's account with the Associ& has been delinquent at least 3 times during the preceding default and a reasonable opportunity to cure.

c. The director has refused preceding 12 months, provided he was given p d.

which he has been given noti before the board.

erested person" in the outcome of a contract, decision, or 1) failed to fully or timely disclose same to the board, or (2)

hs, provided he was given p d.

which he has been given noti before the board.

erested person" in the outcome of a contract, decision, or 1) failed to fully or timely disclose same to the board, or (2) Ofganizational Meeting of the Board. Within 10 days after the annual meeting, the dan organizational meeting for the purpose of electing officers. The time and place of the by the board and announced to the directors.

Place of Board Meetings. The board will conduct its meetings at a location that is onvenient for the greatest number of directors, and at a place or facility that is sufficiently large to accommodate the number of owners who typically attend board meetings as observers. The decision of where to meet may be made on a meeting by meeting basis by the officer or director who calls the meeting, by board resolution, or by any other practice that is customary for property owners associations. The board is not required to conduct its meetings at the Property, to maintain a fixed place for its meetings, to select a location that is convenient to owners, or to select a facility that accommodates a larger number of spectator members than is customary.

2.7.3 Types of Board Meetings. Regular meetings of the board may be held at a time and place that the board determines, from time to time, but at least one such meeting must be held each calendar quarter, with or without notice. Special meetings of the board may be called, with notice, by the president or, ifhe is absent or refuses to act, by the secretary, or by any 2 directors. In case of emergency, the board may convene an emergency meeting to the purpose of dealing with the emergency after making a diligent attempt to notify eagh director by any practical method.

irectors. In case of emergency, the board may convene an emergency meeting to the purpose of dealing with the emergency after making a diligent attempt to notify eagh director by any practical method.

2.7.4 Notice to Directors of Board Meetings. Notice is not required for regular meetifig board, provided all directors have actual or constructive knowledge of the meeting date, time, and pfs 2.7.5 Informing Members of Board Meetings. The board will t members of the time and place of each board meeting. The information may_be i not invalidate the meeting.

2.7.6 Conduct of Meetings. The president pre keeps, or causes to be kept, a record of resolutions adgpig RO proceedings occurring at meetings. When not in cis p » Governing Documents, the then current edition of Robert's Rules of Order governs the condug BS of the board.

Ateny reconvened meeting at which a quorum is present, any ing as originally called may be transacted without further notice.

2 te-vote in the manner of every other director. The president of the Association is not indsanthis not limited to tie-breaking votes. Directors may not participate by proxy at meetings Open Meetings. Regular and special meetings of the board are open to members of the bject to the following provisions to the extent permitted or required by applicable law: a. No audio or video recording of the meeting may be made, except by the board or with the board's prior express consent.

b. Members who are not directors may not participate in board deliberations under any circumstances, and may not participate in board discussions unless the board expressly so authorizes at the meeting.

c. Executive sessions are not open to members.

d. The board may prohibit attendance by non-members, including representatives, proxies,

ussions unless the board expressly so authorizes at the meeting.

c. Executive sessions are not open to members.

d. The board may prohibit attendance by non-members, including representatives, proxies, agents, and attorneys of members.

e. The board may prohibit attendance by any member who disrupts meetings or interferes with the conduct of board business.

f. The board may but is not required to publish to members the time, date, and e board meetings, but will provide the information if requested in writing by a member on a mé meeting basis.

2.7.11 Executive Session. The board may adjourn any regular or special meeting and reconvene in executive session, subject to the following conditions: a. The nature of business to be considered in executi open session.

b. No action may be taken nor decision made in exe and informational purposes only.

Association is threatened or involved, (3) to discusg from or an alleged violation by an owner injurious to the owner, and (5) on advice of ¢ e board must return to the open meeting and announce the general nature of tite at was considered in executive session. Any vote, act, or decision that would have b i open meeting.

e.

2.7.12 participate in and hold communications eg CTION WITHOUT MEETING. Any action required or permitted to be taken by the board at ¢ taken without a meeting, subject to the following requirements: Unanimous Consents. If all directors individually or collectively consent in writing to such ction. the written consents have the same force and effect as the unanimous approval of directors at a meeting.

2.8.2 Majority Consents. If at least a majority of the directors, individually or collectively, consent in writing to such action, the written consents have the same force and effect as approval by a majority of 5

y Consents. If at least a majority of the directors, individually or collectively, consent in writing to such action, the written consents have the same force and effect as approval by a majority of 5 the directors at a meeting. Prompt notice of the action so approved must be delivered to each non-consenting director.

2.8.3 Procedures. Written consents must state the date of each director's signature. The required number of written consents must be received by the Association within 60 days after the date of the earliest dated consent. Written consents must be filed with the minutes of board meetings. Additional procedures may be required by the Code.

2.9 POWERS AND DUTIES. The board has all the powers and duties necessary for tbe administration of the Association and for the operation and maintenance of the Property. The board may do acts and things except those which, by applicable law or the Governing Documents, are reserved to the me Members of committees will be appointed from among the owners and r¢si committee to act in its place in managing the affairs of the Association.

2.9.2 Manager. The board may employ a ma compensation established by the board, to perform duties and se 2.10 FIDELITY BONDS. Any person handling officers, agents, and employees of the Association, bonds may be a common expense of the Associatio: 3.1 DESIGNATION. T.

the secretary, and the treasurer. The Bos RS. The officers are elected no less than annually by the directors at the organizational meeting of Sboafd And hold office at the pleasure of the board. Except for resignation or removal, officers hold offigé spective successors have been designated by the board.

AND RESIGNATION OF OFFICERS. A majority of directors may remove any

leasure of the board. Except for resignation or removal, officers hold offigé spective successors have been designated by the board.

AND RESIGNATION OF OFFICERS. A majority of directors may remove any without cause, at any regular meeting of the board or at any special meeting of the board called se. A suvCessor may be elected at any regular or special meeting of the board cailed for that purpose.

gsign at any time by giving written notice to the board. Unless the notice of resignation states 3.4 DESCRIPTION OF PRINCIPAL OFFICES.

3.4.1 President. As the chief executive officer of the Association, the president: presides at all 6 meetings of the Association and of the board; has all the general powers and duties which are usually vested in the office of president of an organization; has general supervision, direction, and control of the business of the Association, subject to the control of the board; and sees that all orders and resolutions of the board are carried into effect.

3.4.2 Vice-President. The vice-president acts in place of the president in event of the president's absence, inability, or refusal to act. The vice-president also exercises and discharges any duty required of the vicepresident by the board.

3.43 Secretary. The secretary: keeps the minutes of all meetings of the board and of Association; has charge of such books, papers, and records as the board may direct; maintains a recopd*s 3.5 AUTHORIZED AGENTS. Except when the Goxerning Da instruments by certain individuals, the board may authorize Association. In the absence of board designation, the president an to execute instruments on behalf of the Association.

4.1 SEPARATE LIABILITY. Thé 4 purposes of determining and enforcin ts, officers of the Association are not p

of board designation, the president an to execute instruments on behalf of the Association.

4.1 SEPARATE LIABILITY. Thé 4 purposes of determining and enforcin ts, officers of the Association are not p for the Association's tort or omjs A member has the right to ass¢ against a member.

they are members, directors, or officers of the Association.

> Association, and the Association has the right to assert a claim irector will discharge the director's duties in good faith, with ordinary care, and ina ector reasonably believes to be in the best interest of the Association.

An officer or director is not liable to the Association, its members, or another person for in taken or not taken as a director if the director acted in compliance with the above-stated standard ischarging duties. A person seeking to establish liability of an officer or director must prove that the officer or director did not act in good faith, with ordinary care, and in a manner the officer or director reasonably believed to be in the best interests of the Association.

43 RELIANCE. An officer or director may rely on information prepared or presented by an officer or employee of the Association, an attorney licensed by the State of Texas, a certified public accountant, an investment banker, or a person whom the officer or director reasonably believes to possess professional expertise in the matter, and in the case of a director, a committee of the Association of which the director is not a member.

Such reliance must be exercised in good faith and with ordinary care. An officer or director may not rely on such information if he has knowledge that makes the reliance unwarranted.

44 COMPENSATION. Except as permitted below, a director, officer, member, or resident is not

fficer or director may not rely on such information if he has knowledge that makes the reliance unwarranted.

44 COMPENSATION. Except as permitted below, a director, officer, member, or resident is not entitled to receive any pecuniary profit from the operation of the Association, and no funds or assets of the Association may be paid as a salary or as compensation to, or be distributed to, or inure to the benefit of a directgr, officer, member, or resident. Nevertheless, a. Reasonable compensation may be paid to a director, officer, member, or re services rendered to the Association in other capacities.

of the affairs of the Association, provided the expense has been approved by thé h = c. The board may budget and use Association funds je~pf a awards d. This provision does not apply to distributions to ubjt oWnersPepnitted or required by the Declaration, applicable law, or a court order.

45 LOANS. The Association may not loan moneyfo ‘ey ghgranty a loan for an officer or director of the Association.

4.6 CONELICT OF INTERESTS. 2, anthe bpsiction is fair to the Association, it is not disallowed merely because an officer, director, or meme Association has a financial interest in the transaction, provided the "interested" officer, diré aber fully and accurately discloses the nature of his interest to the board in a manner that i onsideration of the contract or transaction, and the "interested" officer or director does, OL} g ote to approve the contract or transaction, although the "interested" director may be co' dt the meeting. Nothing in this Section may be construed to prevent the board from adoptiny § edures that are more stringent than the requirements of this EBTING. An annual meeting of the Association will be held during the fourth

s Section may be construed to prevent the board from adoptiny § edures that are more stringent than the requirements of this EBTING. An annual meeting of the Association will be held during the fourth eyear“At annual meetings the members will elect directors in accordance with these ésTbe-bOard may not require a specific form of petition, nor require that the petition be offered to every member of the Association. Signatures on petitions need not be notarized or witnessed. An electronic or faxed petition is acceptable if the "signer's" identity is reasonably discernible.

5.3 PLACE OF MEETINGS. Meetings of the Association may be held at the Property or at a suitable place convenient to the members, as determined by the board.

5.4 NOTICE OF MEETINGS. Subject to the provisions below, at the direction of the board, written notice of meetings of the Association will be given to an owner of each unit at least 10 days but not more than 60 days prior to the meeting. Notices of meetings will state the date, time, and place the meeting is to be held. Notices will identify the type of meeting as annual or special, and will state the particular purpose of a special meeting.

Notices may also set forth any other items of information deemed appropriate by the board.

5.4.1 Notice Exception. Individual notice of the regular annual meeting of the AssociationA not required if the time and place of the meeting is largely unchanged from year to year and information abou time and place is routinely available to all members, such as by year-long posting on the Association's’s every unit in accordance with these Bylaws. The notice of any special purpose of the meeting. No business, except the purpose stated in the not @ special meeting.

5.5 RECORD DATE. Before each meeting of thg

unit in accordance with these Bylaws. The notice of any special purpose of the meeting. No business, except the purpose stated in the not @ special meeting.

5.5 RECORD DATE. Before each meeting of thg members for purposes of receiving a meeting notice, and a list d to vote at the meeting because of a delinquent account. These ments for an Association meeting for which notice is Bivens 1 cale or published to the members. The Record Date Asks calendar days before the meeting.

5.6 ELIGIBILITY.

Because the ownership of u the membership list for use i 5.6.2 e board may determine that a member may not vote at a meeting of the ial account with the Association is in arrears on the Record Date, provided the after the original meeting. The board is not required to disqualify owners with delinquent ay allow all owners to vote regardless of arrearages.

QUORUM. At any meeting of the Association, the presence in person or by proxy of owners of at least 20 percent of the units in the Property constitutes a quorum. Members present at a meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal, during the course of the meeting, of members constituting a quorum.

5.8 LACK OF QUORUM. If a quorum is not present at any meeting of the Association for which proper notice was given, members representing at least a majority of the votes present at the meeting, although not constituting a quorum, may vote to recess the meeting for not more than 24 hours in order to attain a quorum, provided the place of the meeting remains as stated in the notice. If the meeting is adjourned without attainment of a quorum, notice of a new meeting for the same purposes within 15 to 30 days may be given to an owner of

the meeting remains as stated in the notice. If the meeting is adjourned without attainment of a quorum, notice of a new meeting for the same purposes within 15 to 30 days may be given to an owner of each unit, at which re-called meeting the quorum requirement is lowered to two-thirds of the number of units required for the first call of the meeting.

5.9 VOTES. The vote of members representing at least a majority of the votes cast at any meeting which a quorum is present binds all members for all purposes, except when a higher percentage is requi these Bylaws, the Declaration, or by applicable law. Cumulative voting is prohibited.

5.9.1 Co-Owned Units. If a unit is owned by more than one member, the vote~ that unit is cast as follows. If only one of the multiple owners of a unit is present at a meeting of that person may cast the vote allocated to that unit. If more than one of the multiple ownegs allocated to that unit may be cast only in accordance with the owners' unanimous agreeme in unanimous agreement if one of the multiple owners casts the vote allocated ta 2 owners makes prompt protest to the person presiding over the meeting.

5.9.2 Entity-Owned Units. Ifa unit is owned by an enti bration or partnership, in the absence of the entity's written appointment of a specific person to exercise its v may require reasonable evidence that a person voting on behalf o 5.10 PARTICIPATION. Members may pa E Association. A member who participates is deemed ay be counted towards a quorum unless the ansaction of any business on the ground that the §.11 PROXIES. Vote: On or by written proxy. To be valid, each proxy must be signed and dated by a member o identify the unit to which the vote is appurtenant; designate

business on the ground that the §.11 PROXIES. Vote: On or by written proxy. To be valid, each proxy must be signed and dated by a member o identify the unit to which the vote is appurtenant; designate the person or position (such as in favor of whom the proxy is granted, such person having agreed to exercise the proxy; ideritif, thmeetipé for which the proxy is given; not purport to be revocable without A pérsdq ok colfpany designated by the board. Unless the proxy specifies a shorter or longer time, it terminates, 1 5 i i i i ake TEVO CONDUCT OF MEETINGS. The president, or any person designated by the board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and all transactions occurring at the meeting, as well as a record of any votes taken at the meeting. The person presiding over the meeting may appoint a parliamentarian. The then current edition of Robert's Rules of Order governs the conduct of meetings of the Association when not in conflict with 10 the Governing Documents. Votes should be tallied by tellers appointed by the person presiding over the meeting.

5.13 ORDER OF BUSINESS. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of the Association is as follows: -- Determine votes present by roll call or check-in procedure -- Announcement of quorum ~ Proof of notice of meeting -- Approval of minutes of preceding meeting -- Reports -- Election of directors (when required) - Unfinished or old business -- New business 5.14 ADJOURNMENT OF MEETING. At any meeting of the Associationgadtmajdtity Qithe members

ceding meeting -- Reports -- Election of directors (when required) - Unfinished or old business -- New business 5.14 ADJOURNMENT OF MEETING. At any meeting of the Associationgadtmajdtity Qithe members present at that meeting, either in person or by proxy, may adjourn the meeting to a 4S, 2 face.

5.15 ACTION WITHOUT MEETING. Subject to board appfoyatiny gdti Wich may be taken by a vote of the members at a meeting of the Association may also be také p include hand delivery, mail, fax, email, or any combination ofthese. efits by members representing be required by the Governing annual meeting.

5.16 MEETINGS BY REMOTE CO A embers of the Association may participate in and hold meetings of the Association by mean: ele ero town halls, conference telephone or similar communications equipment by means of whigh"al} perseps“participating in the meeting can communicate concurrently. Participation in the meetip ente in person at the meeting, except where a person that the meeting is not lawfully caljéd, consents to the use of communigatd effect meetings of the Association, provided the owners of at saccess to the form of technology chosen by the board, and further pr method of participation for those who do not have the technology.

ARTICLE 6 RULES R oard has the right to establish and amend, from time to time, reasonable rules and NS pStration of the Association and the Governing Documents; the maintenance, er t use, conservation, and beautification of the Property; and the health, comfort, and general ders; provided, however, that such rules may not be in conflict with applicable law or the gnts. The board will, at all times, maintain the then current and complete rules in a written form 6.2 ADOPTION AND AMENDMENT. Any rule may be adopted, amended, or terminated by the

licable law or the gnts. The board will, at all times, maintain the then current and complete rules in a written form 6.2 ADOPTION AND AMENDMENT. Any rule may be adopted, amended, or terminated by the board, provided that the rule and the requisite board approval are properly recorded as a resolution in the minutes of the meeting of the board.

6.3 NOTICE AND COMMENT. At least 10 days before the effective date, the board will give written notice to an owner of each unit of any amendment, termination, or adoption of a rule, or will publish same in a newsletter or similar publication that is circulated to the members. The board may, but is not required to, give 11 similar notice to residents who are not members. Any member or resident so notified has the right to comment orally or in writing to the board on the proposed action.

6.4 DISTRIBUTION. On request from any member or resident, the board will provide a current and complete copy of rules. Additionally, the board will, from time to time, distribute copies of the current and complete rules to owners and, if the board so chooses, to non-member residents.

ARTICLE 7 ENFORCEMENT 7.1 REMEDIES. The violation of any provision of the Documents gives the board rights, in addition to any other rights set forth in the Documents: a. Fines. To impose reasonable fines, if notice and an opportunity gre given.

b. Self-Help. To enter the unit or common element in whi or breach exists and to summarily abate and remove, at the expe structure, thing, or condition (except for additions or alteration¢ that unit) that is contrary to the intent and meaning of the provi not be deemed liable for any manner of trespass by this action.

dture that may exist in pcuments. The board may

itions or alteration¢ that unit) that is contrary to the intent and meaning of the provi not be deemed liable for any manner of trespass by this action.

dture that may exist in pcuments. The board may c. Courts. To enjoin, abate, or remedy, b)appxopriate legal proceedings, the continuance of any breach.

7.2. NOTICE AND HEARING. Befoé}m must give the owner a written violation notice and an Tadwny sceiptof Notice. Unless State law provides otherwise, any notice given to an owner be deemed received by the owner on personal delivery to the owner or to a person at e notice. If the Association's records show that a unit is owned by 2 or more persons, notice to gemed notice to all co-owners. Similarly, notice to one resident is deemed notice to all residents.

7.24, Request for Hearing. To request a hearing before the board, an owner must submit a written request to the board within 30 days after the date of the violation notice. Within 10 days after receiving the owner's request for a hearing, the board will give the owner notice of the date, time, and place of the hearing.

The hearing will be scheduled for a date within 45 days from the date the board receives the owner's request, and should be scheduled to provide a reasonable opportunity for both the board and the owner to attend.

7.2.5. Pending Hearing. Pending the hearing, the board may continue to exercise the 12 Association's other rights and remedies for the violation, as if the declared violation were valid. The owner's request for a hearing suspends only the levy of the fine or the abatement action described in the notice.

7.2.6. Hearing. The hearing will be held in a closed or executive session of the board. At the

request for a hearing suspends only the levy of the fine or the abatement action described in the notice.

7.2.6. Hearing. The hearing will be held in a closed or executive session of the board. At the hearing, the board will consider the facts and circumstances surrounding the violation. The owner may attend the hearing in person, or may be represented by another person or written communication. No audio or video recording of the hearing may be made.

Leds 7. Minutes of Hearing. The minutes of the hearing must contain a statement of (Ke violation notice and request for hearing should be placed i in the minutes of the hearing. If the owney hearing, the notice requirement will be deemed satisfied.

7.3 IMPOSITION OF FINE. Within 30 days after levying the fine or authori‘ ai board must give the owner notice of the levied fine or abatement action. If the fine 9 2 be in writing.

7.3.1. Amount. The board may set fine amounts on ase basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violatio fines for certain types of violations. The amount and cumulative total of’s to the violation. If the board allows fines to accumulate, it ma at which point the total fine will be capped.

be reasonable in comparison n amount for a particular fine, 7.3.2. Type of Fine. If the vi on ig n& c\gontinuous, the fine may be levied on a periodic basis (such as daily, weekly weekly, or meat h i periodic, the fine may be levied on a per occurrence 7.3.3. Other Fine-Related. Thé Ass@tiatien is not entitled to collect a fine from an owner to sport e h¢ard. The Association may not charge interest on unpaid eSts Agsegsment lien on a debt consisting solely of fines. The board may ers\payments to unpaid fines before retiring other types of assessments.

ard. The Association may not charge interest on unpaid eSts Agsegsment lien on a debt consisting solely of fines. The board may ers\payments to unpaid fines before retiring other types of assessments.

ef to whom prior notices and demands have been given for the same violation.

icle do not apply to specific remedies provided in the Documents for certain ént of assessments.

ARTICLE 8 OBLIGATIONS OF THE OWNERS 8.1 NOTICE OF SALE. Any owner intending to sell or convey his unit or any interest therein must give written notice to the board of his intention, together with the address or legal description of the unit being conveyed, the name and address of the intended purchaser, the name, address, and phone number of the title company or attorney designated to close the transaction, names and phone numbers of real estate agents, if any, representing seller and purchaser, and scheduled date of closing. An owner will furnish this information to the board at least 10 business days before the scheduled date of closing or conveyance. The requirements of this Section may be satisfied by giving the Association a copy of an accepted resale contract in connection with the owner's request to the Association for a resale certificate.

13 8.2 PROOF OF OWNERSHIP. Except for those owners who initially purchase a unit from Declarant, any person, on becoming an owner of a unit, must furnish to the board evidence of ownership in the unit, which copy will remain in the files of the Association. A copy of the recorded deed is the customary evidence. The Association may refuse to recognize a person as a member unless this requirement is first met. This requirement may be satisfied by receipt of a board-approved form that is completed and acknowledged by a title company or

e to recognize a person as a member unless this requirement is first met. This requirement may be satisfied by receipt of a board-approved form that is completed and acknowledged by a title company or attorney at time of conveyance of the unit or any interest therein.

8.3 OWNERS' INFORMATION. Within 30 days after acquiring an ownership interest in a unit, the owner must provide the Association with the owner's mailing address, telephone number, and drivers\license ¢ a lien against his unit, the en and the loan number. The a matice of a thange’in the information required by this Section. Also, the owner will provide the information on reyueX by the Association from time to time.

8.6 ASSESSMENTS. AJ] owners are obliga me meet the common expenses as defined in the Declafait n. A Ane 5 to vote at any meeting of the Association if he is cu inithe-Assessments made or levied against him and his unit.

8.7 COMPLIANCE WIT DOC fs Each owner will comply with the provisions and terms of the Governing Documents, and 4 eto. Further, each owner will always endeavor to observe and promote the cooperative puppy sociation will use its best efforts to keep the records required by applicable e Act, including the following: S or a similar record of the proceedings of meetings of the Association.

inutes or a similar record of the proceedings of meetings of the board.

Names and mailing addresses of the members, the currency and accuracy of the on being the responsibility of the members.

d. Names and mailing addresses of the mortgagees, the currency and accuracy of the information being the responsibility of the members and their mortgagees.

e. Financial records and books of account for the Association, kept in a manner consistent with generally accepted accounting principles.

14

ing the responsibility of the members and their mortgagees.

e. Financial records and books of account for the Association, kept in a manner consistent with generally accepted accounting principles.

14 f. Copies of income tax returns prepared for the Internal Revenue Service.

g. Copies of the Governing Documents and all amendments to any of these.

h. A record of all votes or written consents by which amendments to the Governing Documents were approved, for at least 4 years after the approval.

9.2 INSPECTION OF BOOKS AND RECORDS. Books and records of the Association will be made available for inspection and copying pursuant to applicable law, such as Section 82.114(b) of the Act a ection 22.351 of the Code.

9.2.1 Proper Purpose. The board may require a member to submit a vpitten for inspection, stating the purpose for which the member will inspect the books and record; the following rights: to determine whether the member's purpose for inspection is proper; to Pthe board determines that the member's purpose is not proper; if granting the request, to-iden books and records are relevant to the member's stated purpose for inspection.

9.2.2. Copies. A member, at member's expense, may Sbtaimpfhotosopies aT books and records for which the board grants the right of inspection. The board has the rig session of the original books and records, to make copies requested by the member, and to charge tht psonable fee for copying.

9.2.3. Member's Agent. A member's inspe6tiothof the bodks~and records may be assisted or performed by the member's agent, accountant, or attorney.

9.2.4.

93 2 NU rmainydin a condominium management certificate in the Real Property Records of Dallas Counpy {Texas artfend or replace such certificate within 30 days after the date

ntant, or attorney.

9.2.4.

93 2 NU rmainydin a condominium management certificate in the Real Property Records of Dallas Counpy {Texas artfend or replace such certificate within 30 days after the date the Association has notice of athépte ation in a recorded certificate. Absent gross negligence, the Association is not liable for & deta ailufe to record a certificate. The Association may delegate the execute resale certificates in accordance with applicable law, such as Section efi may charge a reasonable fee for preparing resale certificates. The Association sertificates until the fee is paid. Any unpaid fees may be assessed against the unit for [BERSHIP LIST. The board must maintain a comprehensive list of Association members h the Code as well as the Governing Documents. The Association must make the membership dny owner on request, and may charge a reasonable fee for cost of copying and delivering the owners list.

9.5.1. Types of Information. At a minimum, the Association must maintain for each unit the name and mailing address of at least one owner, and a description of the unit owned (if different from the mailing address). The Association may also maintain, as an Association record, additional contact information for owners, such as phone numbers, fax numbers, email addresses, places of employment, emergency contact information, mortgage information, and any other items of information provided by owners or obtained by the Association.

15 9.5.2 Source of Ownership Information. In compiling the ownership or membership list, the Association may rely on any combination of public records, such as tax rolls, documentation provided by title insurance companies, self-reporting by owners and residents, and any other reasonably reliable and customary

ly on any combination of public records, such as tax rolls, documentation provided by title insurance companies, self-reporting by owners and residents, and any other reasonably reliable and customary source of ownership information. The requirement of maintaining ownership records may not be construed to require the Association to affirmatively investigate or research title to a unit.

9.5.3. Information Available to Members. Membership information to be maintained by the Association is similar to what is typically available to the public on the website of the appraisal district, and may not be considered confidential, private, or protected information as between the Association and its xftembers.

membership information without the express prior consent of the owners. Each owner, by acquiring at orship interest in. a unit, acknowledges that the owner's contact information is a record of the Associatiorr-th to all members of the Association.

9.5.4. Inspection List. In accordance with applicable law, the Association, epare a list of owners of all units in the Property for inspection by the members prior to the meetjige4 sof the list is to enable members to communicate with each other about the meeting. The4 i DeAvailable for inspection by the members from the second business day after the dal thet owner's attorney or agent. The inspection list must have the following ghaka a. The list must be in alphabetical order ers’ surnames, or in numerical order of street addresses.

b. The list must contain the current ownership cannot be determined an c. The list must oe re ARTICLE 10 NOTICES

must be in alphabetical order ers’ surnames, or in numerical order of street addresses.

b. The list must contain the current ownership cannot be determined an c. The list must oe re ARTICLE 10 NOTICES 10.2. DELIVERY OF NOTICES. Any written notice required or permitted by these Bylaws may be given personally, by mail, by fax, by email, or by any other method permitted by applicable law, such as the Texas Business Organizations Code. If mailed, the notice is deemed delivered when deposited in the U.S. mail addressed to the member at the address shown on the Association's records. [f transmitted by fax or email, the notice is deemed delivered on successful transmission of the facsimile or electronic correspondence. The notice must be 16 sent to the party's last known address as it appears on the records of the Association at the time of transmission.

If an owner fails to give the Association an effective address, the notice may be sent to the address of the owner's unit and/or to the owner's address shown on the then-current property tax rolls for the unit. If the Association properly transmits the notice, the owner is deemed to have been given notice whether or not he actually receives it.

10.3. WAIVER OF NOTICE. Whenever a notice is required to be given to an owner, member, or director, a written waiver of the notice, signed by the person entitled to the notice, whether before or after the time respectively, no notice is required and any business may be transacted at the meeting.

ARTICLE 11 INDEMNIFICATION without regard to the corporate status of the Association. As used in thi person who is a current or former officer or director of the Asseej committee member of the Association.

11.2 MANDATORY INDEMNIFICATION. We who was, is, or is threatened to be made a named

used in thi person who is a current or former officer or director of the Asseej committee member of the Association.

11.2 MANDATORY INDEMNIFICATION. We who was, is, or is threatened to be made a named that the person's conduct w4s #h.tQ conduct was not opposed b. in the the person's condu indemnification should be paid.

Ze Effect_of Proceeding Termination. A person does not fail to meet the determination standard bécause of the termination of a proceeding by judgment, order, settlement, conviction, or a plea of nolo conténdere or its equivalent.

11.2.3. How Determinations Are Made. If all of the directors are disinterested and independent, as defined in the Code, the determinations required under this Section will be made by a special legal counsel selected by the board. Otherwise, the determinations will be made by the owners of a majority of units in the Property, other than units owned by persons who are not disinterested and independent as defined in the Code, or by a special legal counsel selected by those owners.

17 11.3 EXCEPTIONS TO MANDATORY INDEMNIFICATION. A person who is found liable to the Association or is found liable because the person improperly received a personal benefit is not entitled to indemnification under this Article if, in a legal proceeding, the person has been found liable for (1) willful or intentional misconduct in the performance of the person's duty to the Association, (2) breach of the person's duty of loyalty owed to the Association, or (3) an act or omission not committed in good faith that constitutes a breach of a duty owed by the person to the Association. In all other instances, indemnification of a person who is found

ation, or (3) an act or omission not committed in good faith that constitutes a breach of a duty owed by the person to the Association. In all other instances, indemnification of a person who is found liable to the Association is limited to reasonable expenses actually incurred by the person in connection with the proceeding, excluding a judgment, a penalty, a fine, or any other type of sanction. A person indemnified by the Association is considered to have been found liable in relation to a claim, issue, or matter only if the established by an order, including a judgment or decree of a court, and all appeals of the order are_e foreclosed by applicable law.

claim.

11.4.1. Advancement of Expenses. The Association ma : 4 incurred by an indemnified person who was, is, or is threatened to be made ¢ entinaproceeding in advance of the final disposition of the proceeding without making the determinations requited under the Section above 11.4.2. Witness Expenses. The Ass iorkMay/pay or reimburse reasonable expenses incurred by an Association Leader, member, employee, 3 bc person in connection with that person's appearance as a witness or other participation in a ‘ PERSONS. Subject to the same limitations, determinations, and exceptions for Association ange dciation may indemnify and advance expenses to a person who is not otherwise covered by this A 2's uddmnifcation as provided by (1) a provision in a Governing Document of the Association, (2) a contra€tA P (5) a resolution approved } g indemnification or advangey “ may seek indemnification o tad expenses from the Association to the same extent that an Association Leader ement of expenses under this Article.

ARTICLE 12 DECLARANT PROVISIONS ICT. The provisions of this Article control over any provision to the contrary elsewhere

he same extent that an Association Leader ement of expenses under this Article.

ARTICLE 12 DECLARANT PROVISIONS ICT. The provisions of this Article control over any provision to the contrary elsewhere 12. BOARD OF DIRECTORS. During the Declarant Control Period, Appendix B of the Declaration governs the number, qualification, and appointment of directors. The initial directors will be appointed by Declarant and need not be owners or residents. Directors appointed by Declarant may not be removed by the owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.

12.3. TRANSITION MEETING. As provided by Appendix B of the Declaration, within 60 days after the end of the Declarant Control Period, or sooner at Declarant's option, Declarant will call a meeting of the 18 members of the Association for the purpose of electing directors, by ballot of members. Notice of the transition meeting will be given as if it were notice of an annual meeting.

ARTICLE 13 AMENDMENTS TO BYLAWS 13.1 AUTHORITY. Although the general authority for amending the Bylaws resides with the members of the Association, certain amendments may be made by the board or by Declarant, without avote of the members.

13.1.1. Amendments by Board. For the following limited purposes, the board mg approval of the directors: a. To correct mistakes in the Bylaws.

b. To conform the Bylaws to changes in controlli in these Bylaws.

c. To change the name of the Association, d. To restate previously amended Bylaws e sole purpose of incorporating the amendments into the body of the Bylaws.

13.1.2. Amendments by Declardy>.

Development Period, Declarant may amend these B for any purpose.

"Appendix B of the Declaration, during the

f incorporating the amendments into the body of the Bylaws.

13.1.2. Amendments by Declardy>.

Development Period, Declarant may amend these B for any purpose.

"Appendix B of the Declaration, during the Without approval by the board or the members, bther amendments of these Bylaws must be approved by 13.1.3. AmendmentshyMernbays. A the members according to the term i BERS.

13.2 AMENDME Osby Bh 13.2.1. Association will provide an owner of each unit with a description, if not nént. The description will be included in the notice of any annual or special meeting of the Associatio the proposed amendment is to be considered.

ensents. Subject to the following limitation, an amendment of these Bylaws must be repxegenting at least a majority of the votes present (in person or by proxy) at a properly Assvdiation meeting, the owners of a majority of the units represented at the meeting (in person if less than a majority of the total units- may approve an amendment to these Bylaws. This ay not be amended without the approval of owners representing at least a majority of the total 13.3 EFFECTIVE. To be effective, an amendment must be in the form of a written instrument referencing the name of the Property, the name of the Association, and the recording data of these Bylaws and any amendments hereto; signed and acknowledged by at least one officer of the Association, certifying the requisite authority and/or approvals; and recorded in the Real Property Records of Dallas County, Texas. An amendment may be effective immediately if adopted at an Association meeting at which owners of two-thirds of the units are represented. Otherwise, an amendment is not effective until 10 days after an owner of each unit is 19

ve immediately if adopted at an Association meeting at which owners of two-thirds of the units are represented. Otherwise, an amendment is not effective until 10 days after an owner of each unit is 19 notified of the amendment and provided with a copy of the amendment or instructions for obtaining a copy.

134 MORTGAGEE PROTECTION. If a provision in a Governing Document or applicable law requires notices to and consent of mortgagees for certain actions and amendments, the Association must give the required notices to and obtain the required approvals from applicable mortgagees.

13.5 DECLARANT PROTECTION. During the Development Period, no amendment of these Bylaws may affect Declarant's rights herein without Declarant's written and acknowledged consent. Specifically, this Section, the article titled "Declarant Provisions,” and the sections titled "Declarant Control" and "Drafter’SIntent” may not be amended during the Development Period without prior written approval of Declarant, rant’s written consent must be part of the amendment instrument.

ARTICLE 14 GENERAL PROVISIONS of obligations that apply to other owners, and has a number of rj are to be construed liberally to give effect to the drafier' Declarant.

14.2 CONFLICTING PROVISIONS.

of the applicable laws of the State of Texas, thi provisions of these Bylaws remains in full force af formation conflicts with these Bylaws, the certj se Bylaws conflicts with any provision provision is null and void, but all other 4 provision of the Association's certificate of . Ifa provision of the Association's . Khé effect of a general statement is not limited by the enumerations of specific matters similar td eral. The captions of articles and sections are inserted only for convenience and are in no way to be£or

effect of a general statement is not limited by the enumerations of specific matters similar td eral. The captions of articles and sections are inserted only for convenience and are in no way to be£or mean the plural, whéf applicable, and the use of masculine or neuter pronouns includes the feminine.

14.6 WAIVER. No restriction, condition, obligation, or covenant contained in these Bylaws may be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

20 ATTACHMENT 3 INITIAL RULES AND REGULATIONS (Attached to this cover page.)

INITIAL RULES & REGULATIONS OF ALTA VISTA EAST TOWNHOME CONDOMINIUMS These INITIAL RULES & REGULATIONS are established by Matilda Apartments, L-P., a Texas limited partnership, Declarant of Alta Vista East Townhome Condominiums, for the benefit of the Alta Vista East Townhome Condominium Association (the "Association"). These Community Rules are the "Rules" defined in Article 1 of the Declaration of Alta Vista East Townhome Condominiya recorded or to be recorded in the Real Property Records of Dallas County, Texas.

obligations of owners and residents under the Declaration and Bylaws of Alta Vista Condominiums.

Declaration (highest), Bylaws, and these Rules (lowest). The empowered to interpret, enforce, amend, and repeal these Rules.

Documents, and policies adopted by the Board be revised from time to time. Each Ons ag Governing Documents by the residentS“of hi or "resident," each of those terms a4 whom an owner or resideft, is 1p compliance by all perso \wSjzts afice, an owner must make written application to the Board. The Board's approval of a waiver or variance must be in writing, and may be conditioned.

or resideft, is 1p compliance by all perso \wSjzts afice, an owner must make written application to the Board. The Board's approval of a waiver or variance must be in writing, and may be conditioned.

A-5. Limits. These Rules represent standards of conduct and maintenance in a high density community. It is understood that individuals may have different interpretations of and tolerances for these Rules. On lifestyle-related rules, such as the Community Etiquette rules below, the Association may refrain from acting on a perceived violation unless the Board determines the B-1.

B-3.

B-4.

B-5.

B-6.

C-3.

violation to be significant or a community-wide problem. The Association may not be compelled by one resident to enforce these Rules against another resident. Residents are expected to deal directly and peaceably with each other about their differences.

B. OBLIGATIONS OF OWNERS AND RESIDENTS Damage. An owner is responsible for any loss or damage he causes fo his unit, other units, the personal property of other residents or their guests, or to the common elements and improvements. An owner must promptly reimburse the Association for the cost of damage tq{he Property caused by the negligent or willful conduct of the owner or persons for whom the is responsible.

ASSOCIATION STRONGLY RECOMMENDS THAT ALL OW PURCHASE AND MAINTAIN INSURANCE ON THEIR PERSO ep his unit or the common elements that is illegal or that may result in the can i f rance on the Property.

expense incurred by the Association to enforce the ¢ uments against the owner, his unit, or persons for whom the owner is responsible.

No "Garage" Sales. Without the Board) Property a sale or activity that is adve sales, or estate sales. This section does ni 36 the public, such as "garage" sales, car

or whom the owner is responsible.

No "Garage" Sales. Without the Board) Property a sale or activity that is adve sales, or estate sales. This section does ni 36 the public, such as "garage" sales, car Arketing the sale or rental of a unit, unless -being and protection, persons who are legally incompetent or youngey tha e under the general contro! and supervision of their TAY c a 3.

ia.

g oO beh, S 3 9 w~ mes be in the actual company of a person at least 13 years oid who is responsi¥le i Well-being. A person under 13 years may not be left unattended in a unit at any fire~Afrer Mightfall, unless accompanied by a parent or guardian, persons under 3. No person under the age of 18 years may occupy a unit unless he lives with a resident who is his parent, legal guardian, or a designee of his parent or legal guardian. Upon request by the Association, an owner will provide satisfactory proof of the ages and relationships among the occupants of his unit.

Danger. No unit may be occupied by a person who constitutes a direct threat to the health or safety of other persons, or whose occupancy would result in substantial physical damage to the property of others. (Taken from the Fair Housing Act.)

C-4. Occupancy Defined. Occupancy ofa unit, for purposes of these Rules, means occupancy in excess of 30 continuous days or 60 days in any 12-month period.

C-5. Term of Lease. A unit may be not be leased for hotel or transient purposes. Less than the entire unit may not be leased.

C-6. Written Leases. Each lease must be in writing. At the Association's request, an owner must give the Board a copy of each lease and lease renewal.

D. FIRE AND SAFETY D-1. Fire Risk Reduction. Grilling or barbecuing on balconies is prohibited by

ng. At the Association's request, an owner must give the Board a copy of each lease and lease renewal.

D. FIRE AND SAFETY D-1. Fire Risk Reduction. Grilling or barbecuing on balconies is prohibited by by the city code. Christmas trees and seasonal decoration must be UL approye drying out.

D-2. Intrusion Monitoring. Although a unit may be wired fort with, or modify the fire and safety erty, such as alarms, extinguishers, D-3, Safety Equipment. No person may use, equipment, if any, on the common elements of monitors, and self-closing gates or doors.

installation or use of such equipment. © D-4. Security. The Association Ang KisN\pot obligated to, maintain or support certain activities within the Property designe ci dertaken. Each owner, resident, guest, and invitee on the or damage to his person, to his unit, to the contents of his unit, ef recommended, installed, or undertaken within the Property.

. Each resident is solely responsible for his own safety and for the safety, d supervision of his guests and any person on the Property to whom the resident ty of care, control, or custody.

E. GENERAL USE AND MAINTENANCE OF UNIT E.J. Residential Use. Each unit must be used solely for residential use, and may not be used for commercial or business purposes, except as permitted in the Declaration. This restriction does not prohibit a resident from using his unit for personal, business, or professional pursuits, provided that: the nonresidential use is incidental to the unit's residential use; the use conforms to applicable laws and ordinances; there is no external evidence of the nonresidential use; and the nonresidential use does not entail visits to the Property by the public, employees, suppliers, or clients in quantities

and ordinances; there is no external evidence of the nonresidential use; and the nonresidential use does not entail visits to the Property by the public, employees, suppliers, or clients in quantities that materially increase vehicular or pedestrian traffic to or from the Property, or the number of vehicles parked on the street.

E.2. Annoyance. A resident may not use his unit in a way that: annoys residents of neighboring units; reduces the desirability of the Property as a residential community; endangers the health or safety of other residents; or violates any law or any provision of the Governing Documents.

E-3, Maintenance. An owner, at his expense, will maintain his unit and keep it in good repair.

E-4, Rooftop Decks. A resident will maintain his rooftop deck in a clean manner. A residexf care that the cleaning of his rooftop deck does not annoy or inconvenience othge-resi rooftop deck is prohibited. Ifthe Board determines that a rooftop ‘deck i is unsig ght] give the owner notice of the problem and a reasonable time period} in whiek in his unit's windows and doors, regardless of the source off conform to the standard for the Property.

E-7. Combustibles. A resident may not store or mai a unit -- explosives or materials capab break, or malfunction in any A resident who fails to pro VES BEHIND THE TOILET, UNDER THE SINK, OR AT valves for the entire unit are located in the yard adjacent to the hes, conduit or equipment may be connected to the unit. Individual satellite mounting te located above each unit on the roof. Each unit includes wiring which is located in the E-11. Broadband. A resident who subscribes directly to the broadband service is solely responsible for maintaining that subscription and the appurtenant equipment. A resident who obtains broadband

the E-11. Broadband. A resident who subscribes directly to the broadband service is solely responsible for maintaining that subscription and the appurtenant equipment. A resident who obtains broadband service through the Association is responsible for the proper use, maintenance, and return of broadband connections or equipment. No additional exterior cable lines, conduit or equipment E-12.

E-13.

F-1.

F-2.

F-3.

H-2, H-3.

may be connected to the unit.

Utilities. A resident will try to conserve the use of utilities furnished through the Association, including water consumption within his unit.

Frozen Water Pipes. Some units are constructed with water lines in exterior walls. It is the duty of every owner and resident of such a unit to protect the water lines from freezing during winter months. Between November | and March 25 of any year, no unit with water lines in exterior walls may be left unbeated. During periods of anticipated below-freezing temperatures, lines in exterior walls should be allowed to drip continuously, and cabinets enclosing pl lines should be left ajar. Dishwashers on exterior walls should not be used dy immediately after periods of extreme cold. Failure by an owner or resident to monito weather and take appropriate precautions may be deemed negligence.

F. COMMON ELEMENTS change of door handles. No additional peepholes. : rknockers. No decorative unit numbers. These prohibitions can be waived o ‘ Tone it Down. Residents should be careful to residents.

Intended Use. Every area i Property may be used only for its intended and obvious use. For example; “sifee allewgys, stairways, sidewalks, and driveways are used Grounds. Unless thé,Boa esisnatés otherwise, residents may not use or abuse the landscaped

for its intended and obvious use. For example; “sifee allewgys, stairways, sidewalks, and driveways are used Grounds. Unless thé,Boa esisnatés otherwise, residents may not use or abuse the landscaped areas, lawns, beds, 2 aterials on the common elements.

Sr object of any type may be stored, placed, or maintained anywhere plements, except by the Board or with the Board's prior written consent.

perty found on general common elements are deemed abandoned and may oard.

H. COMMUNITY ETIQUETTE 2) Ated to respect the rights and privileges of other residents of the Property.

Annoyance. A resident will avoid doing or permitting anything to be done that will annoy, harass, embarrass, or inconvenience other residents or their guests, or the Association's employees and agents.

Noise and Odors. Each resident must exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb residents of other units.

H-4. Reception Interference. Each resident will avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephonic, broadband, or electronic reception on the Property.

I. ARCHITECTURAL CONTROL 1-1. Common Elements. Without the written approval of the Board, an owner or resident yae and the rooftop appurtenant to the unit.

1-2. Prohibited Acts. A person may not: a. Post signs, notices, or advertisements on the common elen visible from outside the unit.

b Place or hang an object in, on, from, or above any rooftop deck that, in the sole opinion of the Board, dsp Property.

Cc. Hang, shake, or otherwise display linen: wels, rugs, shoes, mops, bedding, or other similar items from “—. ¢ , OF passageways.

ny rooftop deck that, in the sole opinion of the Board, dsp Property.

Cc. Hang, shake, or otherwise display linen: wels, rugs, shoes, mops, bedding, or other similar items from “—. ¢ , OF passageways.

d. Erect or install exterior horns, li Ln or aerials, or cause anything to protrude through an exterior wall or roe €. Place decorations af pxte wall§, doors, and rooftop deck railings, or on the general common elemen f. Enclose or oftopder I-3. 4re to be mounted to the rooftop mounting pole included on the wiring for the satellite dishes is located in the attic, below the ate-"The appearance of window and window treatments from the street must be soperty. An owner MAY install window treatments inside his unit, provided: the ts are expressly prohibited; window treatments must be maintained in good condition, t be removed or replaced if they become stained, torn, damaged, or otherwise unsightly 1-5 Board Approval. To obtain the Board’s written consent for an alteration or modification, an owner must comply with the architectural control requirements of the Declaration. An applicant may not rely on verbal assurances of an Association manager, director, or officer.

J. VEHICLE RESTRICTIONS J-1. Permitted Vehicles. To be permitted on the Property, a vehicle must be operable, and must display a current license tag and inspection sticker. For purposes of these Rules, vehicles include automobiles, motorcycles, motorized bikes, passenger trucks, small vans, and similar passenger vehicles. The following are not permitted on the Property without the Board's consent: trailers, boats, recreational vehicles, buses, large commercial trucks, industrial vehicles.

J-2. Repairs. Washing, repairs, restoration, or maintenance of vehicles is prohibited on the Pro

s consent: trailers, boats, recreational vehicles, buses, large commercial trucks, industrial vehicles.

J-2. Repairs. Washing, repairs, restoration, or maintenance of vehicles is prohibited on the Pro on the Property except in designated areas. Each vehicle must be parked sta x or sideways), so that it does not occupy more than one parking space. Mate J-4. Nuisances. Each vehicle must be muffled and must be maintay kept on the Property if the Board deems it to be unsightly, in violative of these Rules.

J-5. Private Firelanes/Obstructions. No vehicle may be Q ready access to the Property, driveways, or parking traffic, constitute a nuisance, or otherwise crease temporarily, in spaces reserved for ot f aher’ of off-street parking spaces. The use of ated, may not be used for storage of vehicles, river or vehicle. The Board may designate some "visitor spaces" for use, exclusively, by guests of J-6.

operty by the Board, at the expense of the vehicle's owner. The s any liability for damage to vehicles on which the Association ules violations.

Association exp exercises these K. TRASH DISPOSAL Résident will endeavor to keep the Property clean and will dispose of all refuse in Yesignated specifically by the Association or by the city for that purpose. Resident azatds, Resident may NOT store trash inside or outside his unit in a manner that may permit the bread of fire, odors, or seepage, or encouragement of vermin.

L. PETS L-1. Subject to Rules. A resident may not keep or permit on the Property a pet or animal of any kind, at any time, except as permitted by these Rules and the Governing Documents.

L-2. Permitted Pets. Subject to these Rules, a resident may keep in his unit customary domesticated

or animal of any kind, at any time, except as permitted by these Rules and the Governing Documents.

L-2. Permitted Pets. Subject to these Rules, a resident may keep in his unit customary domesticated house pets, such as domesticated dogs, cats, caged birds, and aquarium fish, provided there are not more than two cats, or two dogs, or one cat and one dog. A permitted pet must be maintained inside the unit's heated and cooled space, and may not be kept on a roof.

L-3. Prohibited Animals. No resident may keep a dangerous or exotic animal, pit bull terrier, trained attack dog, or any other animal deemed by the Board to be a potential threat to the well-being of people or other animals. No animal or house pet may be kept, bred, or maintained forA commercial purpose or for food.

L-4. Common Areas. No pet is allowed in the common areas of the building or on the gre carried or leashed. On the Property a dog must be leashed at all times and closely g L-6. Damage. Resident is responsible for any property damage, hold harmless the Board, the Association, and othe or liability of any kind or character whatever regulti L-7. Pooper Scooper. No resident may permit designated by the Board for this p wastes from the common elements time feces are discovered ec that unit's resident.

at-is responsible for the removal of his pet's may levy a fine against a unit and its owner each L-8. Removal. If a resid disturbance or nuisaty the problem. If the problem is not corrected within the time sleds than 10 days), the resident, upon written notice from the Board, e the animal. Each resident agrees to permanently remove his violating ¥ within 10 days after receipt of a removal notice from the Board.

specified in the may be requiré M. MISCELLANEOUS

om the Board, e the animal. Each resident agrees to permanently remove his violating ¥ within 10 days after receipt of a removal notice from the Board.

specified in the may be requiré M. MISCELLANEOUS 6ard will consider the facts and circumstances Saat the alleged violation. The owner may attend the hearing in person, or may be represented by another person or written communication.

M-2. Mailing Address. An owner who receives mail at any address other than the address of his unit must maintain with the Association his current mailing address. Notifications of change of name or change of address should be clearly marked as such. All notices required to be sent to owners by the Governing Documents may be sent to an owner's most recent address as shown on the records of the Association. If an owner fails to provide a forwarding address, the address of that owner's unit is deemed effective for purposes of delivery.

M-3. Revision. These Rules are subject to being revised, replaced, or supplemented. Owners and residents are urged to contact the Association to verify the rules currently in effect on any matter of interest. These Rules will remain effective until 10 days after an owner of each unit has been given a notice of the amendment or revocation of these Rules.

M-4. Other Rights. These Rules are in addition to and in no way whatsoever detract from the righ the Association under the other Governing Documents and the laws of the State of T ATTACHMENT. 4 ASSESSMENT COLLECTION POLICY (Attached to this cover page.)

ASSESSMENT COLLECTION POLICY ALTA VISTA EAST TOWNHOME CONDOMINIUMS RECITALS Alta Vista East Townhome Condominiums is a condominium regime created by and subject to the Declaration of Alta Vista East Townhome Condominiums, recorded or to be recorded in the Real

INIUMS RECITALS Alta Vista East Townhome Condominiums is a condominium regime created by and subject to the Declaration of Alta Vista East Townhome Condominiums, recorded or to be recorded in the Real Property Records of Dallas County, Texas, as it may be amended (the "Declaration"). As a condomizf the Texas Property Code -- the Texas Uniform Condominium Act ("TUCA"). The operatig Vista East Townhome Condominiums is vested in Alta Vista East Townhome Cond TUCA gives the Association, acting through the Board: 1. Authority to adopt and amend rules reg assessments and the application of payments. §82.102(a)( 2. Authority to impose interest and late charg and returned check charges. §82.102(a)(12) SS 3. Authority to adopt and amend rule to a unit, the owner of which is delinquent in thé or in part, to pay the cost of that utility,§82.

an assessment that is used, in whole eg ating the termination of utility service 4, Authority to suspend th ing prWileges of or the use of certain general common elements by an owner delj re than 30 days in the payment of assessments.

§82.102(a)(1 8) i Owe ‘oreclose the assessment lien nonjudicially, subject to 5.

a limited right it owner. §82.113 To establish equitaldle Declarant adopts this poliey~igr the kenéfit of Alta Vista East Townhome Condominium Association, as Delinquent. Any assessment that is not fully paid when due is delinquent. When the account of a #€ becomes delinquent, it remains delinquent until paid in full -- including collection costs and 1-C. Late Fees & Interest. If the Association does not receive full payment of a regular assessment by 5:00 p.m. on the fifth calendar day of the month, the Association may levy a late fee of $25 per

1-C. Late Fees & Interest. If the Association does not receive full payment of a regular assessment by 5:00 p.m. on the fifth calendar day of the month, the Association may levy a late fee of $25 per month and/or interest of 10 percent per annum from the first day of delinquency until the delinquency is paid in full. After the initial month of delinquency, a late fee of $25 may be levied 3-B.

3-C.

on the first day of each month the account is delinquent until the account is current.

Liability for Collection Costs. The defaulting owner is liable to the Association for the cost of title reports, credit reports, certified mail, Jong distance calls, court costs, filing fees, and other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.

Insufficient Funds. The Association may levy a charge of $25 for any check returned to the Association marked "not sufficient funds" or the equivalent.

Waiver. Properly levied collection costs, late fees, and interest may not be waived by the B Gy unless a majority of the directors determines that extraordinary circumstances wefrant\a adjustment to the account, in which case the adjustment must be described in detail in the policies contained in this policy, the Board will exercise caution in granting g owner's account.

Declared Exemption. Notwithstanding anything to the contrary in Development Period, the Association may not levy late fee collection costs against Declarant. Also, Declarant's asses will not be considered delinquent during the Developme installment, the Association may decl date on all remaining installments of installments may be accelerated only afte not timely cured. Followigé A& Dace! the indebtedness, the Association has no duty to payment by the owner.

ion may decl date on all remaining installments of installments may be accelerated only afte not timely cured. Followigé A& Dace! the indebtedness, the Association has no duty to payment by the owner.

reinstate the installment rd>frdithup attig So), IN 3. PAYMENTS exfhe Association notifies the owner of a delinquency and the ee3 or interest, and collection costs, any payment received by the owner 6 for Ta Association feces in the following order, starting with the oldest charge in each category that category is fully paid, regardless of the amount of payment, notations on chec datethfe obligations arose: ts afd attorney’s fees (6) Delinquent regular assessments (7) Delinquent utility assessments (3) Reimbursable expenses (8) Current special assessments 4) Late charges & interest (9) Current regular assessments Delinquent special assessments (10) Current utility assessments Form of Payment. The Association may require that payment of delinquent assessments be made only in the form of cash, cashier's check, or certified funds.

Partial and Conditioned Payment. The Association may refuse to accept partial payment (i.e., less than the full amount due and payable) and payments to which the payer attaches conditions or directions contrary to the Board's policy for applying payments. The Association's endorsement and deposit of a payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the unit's account. If the Association does not accept the payment at that time, it will promptly refund the payment to the payer. A payment that is not refunded to the payer within 30 days after being deposited by the Association may be

n does not accept the payment at that time, it will promptly refund the payment to the payer. A payment that is not refunded to the payer within 30 days after being deposited by the Association may be deemed accepted as to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent assessments does not waive the Association's right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations.

Notice of Payment. If the Association receives full payment of the delinquency after notice of lien, the Association will cause a release of notice of lien to be publicly rg€ordéd of which will be sent to the owner. The Association may require the owner to p SJ reporting the defaulting owner to a credit reporting service, payment to the credit reporting service.

SECTION 4. LIABILITY FOR COLLE due date, the Associa € or more written notices of nonpayment to the defaulting owner, by hand delitzery, ¥ a3s mail, and/or by certified mail, stating the amount delinquent.

The Associations delinquendy-related correspondence may state that if full payment is not timely expense of thé Attorney. After giving the owner notice of the delinquency, the Association may delingyent account to an attorney for collection. In that event, the defaulting owner will ¥of the unit owners and the identity of other lienholders, including the mortgage company.

Notification of Mortgage Lender. The Association may notify the mortgage lender of the default in assessment obligations.

Notification of Credit Bureau. The Association may report the defaulting owner to one or more credit reporting services.

5-G.

5-H.

6-B.

6-C.

e mortgage lender of the default in assessment obligations.

Notification of Credit Bureau. The Association may report the defaulting owner to one or more credit reporting services.

5-G.

5-H.

6-B.

6-C.

Notice of Lien. The Association may cause a notice of the Association's assessment lien against the unit to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting owner, and may be sent to his mortgage holder.

Foreclosure of Lien Nonjudicially. The Board may instruct an attorney, officer, or agent of the Association to notify the defaulting owner of the Association's intent to foreclose its assessment lien, to post the property for public auction, and to conduct a public auction of the unit on the steps of the county courthouse in accordance with State law and the Association's Governing Documents.

The Board may not foreclose a lien consisting solely of fines or securing money for which the Association has obtained a personal money judgment.

foreclosure of the Association's assessment lien. This action may be combined wit} the owner's personal liability, for recovery of a money judgment.

ekHto be uncollectible, the Board may elect to cancel ich case the Association may report the full amount evenue Service as income to the defaulting owner.

Other Rights. This policy is in addition to and does not detract from the rights of the Association to collect assessments under the Association's Governing Documents and the laws of the State of Texas.

Limitations of Interest. The Association, and its officers, directors, managers, and attorneys, intend 6-E.

to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Governing Documents or any other document or agreement executed or made

end 6-E.

to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Governing Documents or any other document or agreement executed or made in connection with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid special and regular assessments, or reimbursed to the owner if those assessments are paid in full.

Definitions. Words and phrases used in this policy have th Declaration.

Declarant Exempt. Notwithstanding Development Period the Association owned by Declarant: late fees, interest, the following against Declarant or units sts, administrative charges, or any type of ATTACHMENT 5 FINING POLICY (Attached to this cover page.)

Unofficial Copy FINING POLICY ALTA VISTA EAST TOWNHOME CONDOMINIUMS Background. This fining policy is based on the requirements of Sec. 82.102(d)&(e) of the Texas Uniform Condominium Act (TUCA), Chapter 82, Texas Property Code. To establish policies and procedures for fining under TUCA, the declarant adopts this policy for the benefit of Alta Vista East Townhome Condominium Association, as part of the initial project documentation.

Policy. The Association uses fines to discourage violations of the Governing Documents, encourage compliance when a violation occurs - not to punish violators or generate revenue the Governing Documents. The Association's use of fines does not interfere other rights and remedies for the same violation. Nor may the Association use

s - not to punish violators or generate revenue the Governing Documents. The Association's use of fines does not interfere other rights and remedies for the same violation. Nor may the Association use of other remedies.

Owner's Liability. An owner is liable for fines levied by th Governing Documents by the owner, the residents of the unj and agents of the owner and residents. Regardless of who q will direct its communications to the owner, although the notices to the unit resident.

olation, the Association may send copies of its Violation Notice. Before levying a fine, the eae ill give the owner a written violation notice and an opportunity to be heard. This ame State law may not be waived. The Association's written violation notice wi g items: the date the violation notice is prepared or mailed; a description Set 2 ference to the rule or provision that is request a hearing before t accruing (the "Start Date g. An owner may request in writing a hearing by the Board to contest the fine.

est a hearing before the Board, an owner must submit a written request to the Association's mhager within 30 days after the date of the violation notice. Within 15 days after receiving the ewhier's request for a hearing, the Association will give the owner at least 15 days’ notice of the date, time, and place of the hearing. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the owner to attend. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, as if the declared violation were valid. The owner's request for a hearing suspends only the levy of a fine. The hearing will be held in a closed or executive session of the Board. At the hearing, the Board will consider the

tion were valid. The owner's request for a hearing suspends only the levy of a fine. The hearing will be held in a closed or executive session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. The owner may attend the hearing in person, or may be represented by another person or written communication. No audio or video recording of the hearing may be made. The minutes of the hearing must contain a statement of the results of the hearing and the fine, if any, imposed. A copy of the violation notice and request for hearing should be placed in the minutes of the hearing. If the owner appears at the meeting, the notice requirements will be deemed satisfied.

Levy of Fine. Within 30 days after levying the fine, the Board must give the owner notice of the levied fine. If the fine is levied at the hearing at which the owner is actually present, the notice requirement will be satisfied if the Board announces its decision to the owner at the hegri parison to the violation, and should be uniform for similar violations of sion of the Governing Documents. Ifthe Association allows fines to accumulate, Amendment of Poli€y 1 y be revoked or amended from time to time by the Board.

1 auntil 10 days after the Association delivers to an owner of each ocation of this policy. The notice may be published and pewsletter or other community-wide publication.

Re oealed by Declarant, notwithstanding anything to the contrary in this policy.

ATTACHMENT 6 UTILITY SHUT-OFF POLICY (Attached to this cover page.)

UTILITY SHUT-OFF POLICY ALTA VISTA EAST TOWNHOME CONDOMINIUMS q RECITALS A. At Alta Vista East Townhome Condominiums, certain utilities and services consumed by

F POLICY (Attached to this cover page.)

UTILITY SHUT-OFF POLICY ALTA VISTA EAST TOWNHOME CONDOMINIUMS q RECITALS A. At Alta Vista East Townhome Condominiums, certain utilities and services consumed by the unit and its occupants are furnished through the Association and are either sub-metered to the unit owner or are funded as a common expense of the Association ("Unit Utilities"). Unit Utilities include water and sewerage. Utility assessments and regular or special assessments which, at least in part, afé the purpose of paying for Unit Utilities are hereafter called 'Utility-Related Assessments". An 4 who fails to pay Utility- Related Assessments unfairly forces the contributing owners to pay i consumed by his non-- contributing unit.

B. As a provider of Unit Utilities, the Association is similar to public uti apartment owners, _ which are expressly authorized by State law to discontip te collect assessments.

Cc. Section 82.102(a)(14) of TUCA authorizes the As adopt and amend rules regulating the termination of Unit Utilities to 2 fer of which is delinquent in the payment of Utility-Related Assessments. The Decl n authorises the-Association, acting through the Board, to terminate master-metered utilities if an own count has been delinquent for at least 30 days.

ista East Townhome Condominium is based on the requirements of the Governing bf Commission for discontinuance of master-metered.

2. essfnent used to pay Unit Utilities has been delinquent for at least 30 ontinue the Unit Utilities to the unit as follows.

3. ard will give written notice to the unit owner and unit resident that the Unit t-off if the default is not cured within a stated number of days (at least 10). The dAn the first notice, the Board will give a second written notice to the unit owner and unit

resident that the Unit t-off if the default is not cured within a stated number of days (at least 10). The dAn the first notice, the Board will give a second written notice to the unit owner and unit esiffent. The second notice will warn that the Unit Utility will be shut-off after a stated number of days (at least 7). The Board will post an additional copy of the second notice, in a sealed envelope, on the front door of the unit at least 5 days prior to the scheduled shut-off. The notice will recite where and how payment may be made to avoid the disconnection or to restore service.

5. Notices. The Association will send the first and second notices by certified mail return receipt requested. Additional copies may be delivered by regular mail, personal delivery, email, or fax 10.

transmission. Both notices will prominently display "UTILITY SHUT-OFF," "TERMINATION NOTICE," or similar language. In calculating days, the day after the date on which a notice is post- marked or posted on the door, as the case may be, is deemed "Day 1", Fees. At the time of the second notice, a charge of at least $50 will be assessed against the owner and his unit for costs related to the shut-off. To avoid the shut-off after the second notice is given, the owner must immediately pay all Utility Related Assessments owed to the Association, including the $50 minimum shut-off fee, in the form required below. The owner solely bears the cost of discontinuing and restarting any utility serving his unit.

Form of Payment. Payment to forestall a utility shut-off or to restore service after a shy be full payment of all delinquent Utility-Related Assessments, plus the minimum she utility on a day, or on a day immediately preceding a day, Association are not available to receive payment and reconné

full payment of all delinquent Utility-Related Assessments, plus the minimum she utility on a day, or on a day immediately preceding a day, Association are not available to receive payment and reconné may not disconnect a utility if the Association has actual likely to be life-threatening for a resident of the unit.

Amendment of Policy. This policy may be revokg This policy will remain effective until 10 days afte unit notice of amendment or revocation of thi distributed in an Association newsletter or othé ar amended from-time to time by the Board.

dissociation delivers to an owner of each \ The notice may be published and wide publication.

utilities to a unit owned by Declaran This Section may not be changed w WS nding anything to the contrary in this policy.

t's signed and acknowledged consent.

ATTACHMENT 7 MOLD POLICY (Attached to this cover page.)

Unofficial Copy MOLD POLICY ALTA VISTA EAST TOWNHOME CONDOMINIUMS I. RECITALS A. Background. Because of extensive news coverage in recent years relating to mold, the public and the insurance industry have a heightened awareness of and sensitivity to anything pertaining to mold. In a condominium context, the mold issue has numerous facets. Like many other maintenance issues, the community of owners must know where to draw the line between the Association’ responsibility and the owner's responsibility. The purpose of this policy is to help draw that ling i B. Meld Information. In adopting this policy, the Association relies on in.

Ori 1: bh ado he U.é Environmental Protection Agency at www.epa.gov/mold. On the date of this polic nfirsti.page’of the completely. Absorbent materials ‘ouch become moldy may have to be replaced.

in.

Ori 1: bh ado he U.é Environmental Protection Agency at www.epa.gov/mold. On the date of this polic nfirsti.page’of the completely. Absorbent materials ‘ouch become moldy may have to be replaced.

Cc. Owner/Resident Duty. Because the 4 iati Ogs not have continual access to the individually owned units, the Association rel#@s, on pving ésidents to control the moisture levels in their units, and to promptly identify and re ater | pid water penetrations in their units. That a unit is vacant or occupied by a person othe: ef does not relieve the owner from fulfilling } its that adjoin his own. Although the resident, & oWner is ultimately responsible if the non-owner if not the owner, may perform - resident fails or refuses to perfor D. Insurance.

not include coverage of 1 insurance against mold i: ates of a health problem.

II. RULES Inspect for Surface Mold. Each resident and owner will regularly inspect his entire unit (including inside closets and cabinets, and behind furniture and appliances) and the appurtenant limited common elements for visible surface mold and will promptly remove same using procedures recommended by an appropriate source, such as the U. S. Environmental Protection Agency (www.epa.gov). Similarly, the resident and owner will be alert to odors associated with mold, and will try to locate the source of such odor when detected.

2. Inspect for Water Leaks. Each resident and owner will regularly inspect his entire unit (including inside closets and cabinets, and behind furniture and appliances) and the appurtenant limited common elements for leaks, breaks, or malfunctions of any kind that may emanate from or cause damage to the common elements or another unit. When possible, such inspection will be performed after rains when

elements for leaks, breaks, or malfunctions of any kind that may emanate from or cause damage to the common elements or another unit. When possible, such inspection will be performed after rains when leaks from wind-driven rain are most likely to be evident. Typical indicators of water penetration problems include water leaks around windows, doors, flues, and vents; standing water on a floor; water stains on ceilings and walls.

3. Monitor Water Appliances. Each owner is responsible for the inspection, maintefia reporting the leak on its next occurrence. The failure by an owner 6 leak or water penetration problem may be deemed negligepee, thereb for any additional damage caused by the delay.

5. Mitigate. To mitigate damage from wa the resident or owner of a unit that experienc: p disinfect the wet area. If the water penetration is‘g to cut a hole in the wall or ceiling to circulate gi gity or above a ceiling, it may be necessary < e wet materials. If the wall or ceiling cavity h will pay the cost of repairing the sheetrock, his unit, the owner or resident should maintain an inside or moisture collects on windows, walls or pipes, the owner face and reduce the moisture/water source. Condensation can ATTACHMENT 8 RECORDS PRODUCTION AND COPYING POLICY (Attached to this cover page.)

RECORDS PRODUCTION AND COPYING POLICY It is the policy of the Association to make the books and records of the Association, including financial records, open to and reasonably available for examination by an Owner, or a person designated in a writing signed by the Owner as the Owner’s agent, attorney, or certified public accountant (the “Owner’s Representative”) in accordance with the following provisions: 1. Request. An Owner or the Owner’s Representative must submit a written request for

ttorney, or certified public accountant (the “Owner’s Representative”) in accordance with the following provisions: 1. Request. An Owner or the Owner’s Representative must submit a written request for access or information. The written request must: a. be sent by certified mail to the mailing address of the Associatio authorized representative of the Association as reflected on the Management Certificate of the Association filed of record in 4 Section 209.004 of the Texas Property Code; b. describe with sufficient detail the books and records of.

requested; and c. state whether the Owner or the Owner’s requested books and records before obtaink forward copies of the requested boo 2. Election to Inspect. rf an inspection the Owner or the Owner’s Representative 883 by gue notice shall be sent on or before the tenth ( request, unless the Association sends a notice Gwner or Owner’s Representative in accordance with Section 4 below.

requested, the Association shall pros es.ef the requested books and records on or before the tenth (10%) business day after S ation receives the request, unless the Association sends a notice to the Owner or O ithin If the Association is unable anes on or T before the dent (10%) business day after the date the est, the Association shall provide written notice to the Owner or the forms the Owner or the Owner’s Representative that the Association is unable to produce the requested books and records on or before the tenth (10%) business day after the date the Association received the request; and b. states a date by which the requested books and records will be sent or made available for inspection, which date shall not be later than the fifteenth (15%) business day after the date such notice is given.

a date by which the requested books and records will be sent or made available for inspection, which date shall not be later than the fifteenth (15%) business day after the date such notice is given.

5. Extent of Books and Records. The Association shall produce books and records requested by an Owner or an Owner’s Representative to the extent those books and records are in the possession, custody or control of the Association. | 6. j f ion: . If an inspection of books and records is requested or required, the inspection shall take place at a mutually agreed upon time during normal business hours. At the inspection, the Owner or the Owner’s Representative shall identify the books and records to be copied and forwarded. The Association shall thereafter make copies of such books and records at the cost of the Owner and forward them to the Owner or the Owner’s Representative.

7. Format. The Association may produce books and records requested by an Owner6 time. As of the date of this Policy, the rates set forth below are estabbshed by e Administrative Code. Should the rates set forth in Section 70.3 of the K Labor for locating, compiling and reprod $15.00 per hour Copies (8% x 11 and 8% x 14) $0.10 per page Oversize paper copies (11 x 1Ggreey bd $0.50 per page Specialty papers (blue print actual cost Diskette $1.00 Magnetic ta idge actual cost $1.00 $3.00 $2.50 $1.00 At the rate provided for in Section 70.3 of the Texas Administrative Code " No labor will be charged if there are 50 or fewer pages unless the documents are in 2 or more separate buildings not physically connected to each other or in aremote storage facility.

9. Advance Payment of Estimated Costs. The Association shall estimate the costs of

documents are in 2 or more separate buildings not physically connected to each other or in aremote storage facility.

9. Advance Payment of Estimated Costs. The Association shall estimate the costs of compiling, producing and reproducing books and records requested by an Owner or an Owner’s Representative on the basis of the rates set forth in Section 8 above. The Association may require advance payment of the estimated costs of compiling, producing and reproducing the requested books and records.

10.

10.1.

10.2.

10.3.

11.3.

Actual Costs.

invoice to the Owner on or before the thirtieth (30%) business day after requested books and records are delivered.

If the Owner fails to pay to the Associa invoice in accordance with Subsection additional amount to the Owner’s assesstfrentacCaunt a8 an assessment.

ys ss w court order is issued directing either the release of books and Tesoris at § and records be made available for inspection, the e av Owner’s personal financial information, including diselo s of payment or nonpayment of amounts due the Assetiation; disclose an Owner’s contact information, other than the Owner’s address; or d. disclose information related to an employee of the Association, including personnel files.

The Association is not required to release or allow inspection of ballots cast in an election or removal of Directors, except as required by a recount procedure in accordance with Section 209.0057 of the Texas Property Code.

In addition, information may be released in an aggregate or summary manner that will not identify an individual property Owner.

12. Business Dav. As used in this policy, “business day” means a day other than a Saturday, Sunday or state or federal holiday.

ATTACHMENT 9 RECORDS RETENTION POLICY (Attached to this cover page.)

er.

12. Business Dav. As used in this policy, “business day” means a day other than a Saturday, Sunday or state or federal holiday.

ATTACHMENT 9 RECORDS RETENTION POLICY (Attached to this cover page.)

RECORDS RETENTION POLICY It is the policy of the Association to retain the records of the Association listed below for the periods of time set forth below. The Association is not required to retain any other records. As used herein, “records” means documents originated or obtained by the Association in connection with its operations, whether a paper document or a document in electronic form.

1. Retention Periods.

Record Description Record Retention Period pa a) Financial records (including budgets, | Seven (7) years financial reports, bank records, and paid invoices) b) Account records (including records YS relating to assessments and other sums owed and paid to the Association and records rejating to violations of any dedicatory instrument of the Association) of current owners c) Account records (including records relating Q ear after the former owner ceases to to assessments and other sums owed and paid wn aot ta the subdivision to the Association and records relating ro violations of any dedicatory instrument Association) of former owners d) Contracts Nur (4) years after expiration or termination of the contract e) Minutes of meetings,o eo Seven Sevenyers years Directors g) Federal tax re Seven (7) years SE Seven (7) years iy Auditrepars, XJ J | Seven (7) years mane, mation and Bylaws of the | Permanently all amendments thereto; ovenants, Conditions and and all amendments and and Restrictions; annexation and deeds conveying real property to the Association

s mane, mation and Bylaws of the | Permanently all amendments thereto; ovenants, Conditions and and all amendments and and Restrictions; annexation and deeds conveying real property to the Association k) Other dedicatory instruments of the | One (1) year after the date the document is Association not listed in (j), above, including, | rescinded or superseded by another document without limitation, Architectural Guidelines, Rules and Regulations and Policies 1) Minutes and reports of committees Seven (7) years m) Insurance policies Four (4) years after expiration or termination of the policy n) Insurance claims and related documents Four (4) years after the claim is IRENA | Mi 0) Personnel records, excluding payroll Permanently a 2) records p) Payroll records Five (5) years after the dé employment q) Reserve study For the peri STak CPS study, plus two (2 r) Legal opinions issued by counsel for the Permanent! <—R Association A ; .

psi ER s) Suit files %) years after the date the suit is resolved 2.

The documents listed in Section 1 above destroyed as soon as practicable when the applicable retention period expires. e Association not listed in Section 1 above, will be destroyed when deemed approp of Directors of the Association. Destruction of paper pick-up, unless another method of destroying the ppon learning of an investigation or court proceeding involving records an hard copy and electronic, including e-mail) related ATTACHMENT 10 ALTA VISTA EAST TOWNHOME CONDOMINIUM ASSOCIATION COMMUNITY MANUAL CERTIFICATION & ACKNOWLEDGMENT The undersigned, as the Declarant of Alta Vista East Condominiums, and the sole member of the Alta Vista East

SOCIATION COMMUNITY MANUAL CERTIFICATION & ACKNOWLEDGMENT The undersigned, as the Declarant of Alta Vista East Condominiums, and the sole member of the Alta Vista East Townhome Condominium Association, certifies that the foregoing Community Manual was adopted by the Board of Directors of such association. This Community Manual shall become effective when recorded in the Official Public Records of Dallas County, Texas.

Executed on FEL ? a 2018.

MATILDA APARTMENTS, LP, a Texas limited partnership By: Motion Property Management, LLC, a Texas limited liability company, ©) its general partner By: Thomas K. MotloW, Mana STATE OF TEXAS § § COUNTY OF DALLAS § a Texas limited liability company, the SHARON A SAGER Notary ID # 7719800 v h partnership.

My Commission Expires January 27, 2019 Unoffice Copy Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03/12/2018 03:12:59 PM COUNTY OF DAL STALLIOPEENAS E THE C