2018 - 136694 10/16/2018 2:02PM Page 1 of 11 Heather H. Hawthorne, Chambers County Clerk Ne Re PROPERTY OWNERS A ATION 28? AMENDED MANAGEMENT CERTIFICATE FOR NZ COTT: CREEK HOMEOWNERS ASSOCIATION, INC. © This vosorgehn is recorded pursuant to Section 209.004 of the Texas Property Code. & iS amends all prior Management Certificates filed for this association Per Texas Prop&pCode 209.004) (effective September 1,2013) “The County Clerk of each cou which a MangGgment Certificate is filed as required by this section shall record the Managem Certificate @y he real property records of the county and index the document as a “Propernggres Associ Management Certificate” < & oe Texas § & County of Chambers § 1. Name of Subdivision: Cotton Creek 2. Subdivision Location: Chambers County 3. Name of Homeowners Association: Cotton Creek Homeowners Association, Inc.
4, Recording Data for Association: Plat is filed in the Map Records of Chambers County, Texas under Clerk’s File No. 3248.
& of 5. Recording Data for epasn: Declaration of Covenants, Conditions and Restrictions oO recorded on June 20.8980 under County Clerks file number G728251 and recorded on January 22, 1982 under Fi e 005-95-1834 and Third Amendment recorded on August 24, 1994 under xj County Cler’ le number RO24092 under Film Code 500-72-2965. RS oO 6. Other CPrmation the Association considered appropriate for the governing, administra&gf or opgion of the subdivision and homeowner’s association: 42 rons of Dedicatory Instruments filed with the county under Volume 1315 a we Bylaws are filed under Instrument Number 00116903. we Architectural Regulations and Restrictions dated 6/25/2013 is filed under Instrument Number 00116903.
The following Resolutions are filed under Doc No. 00117941, V1 1704, Pg 78
ent Number 00116903. we Architectural Regulations and Restrictions dated 6/25/2013 is filed under Instrument Number 00116903.
The following Resolutions are filed under Doc No. 00117941, V1 1704, Pg 78 Records Retention Policy Records Inspection Policy Payment Plan Policy Membership Voting Policy E-mail Registration Policy Religious Item Digplay Guidelines Ne Solar Energy DgWcb Guidelines os Roofing M Guidelines oO Rainwate: jection Devices Guidelines Flag aw Guidelines x Dr t-Resistant Landscaping and Natural Turf Guidelines RS ® CPrsoment Collection Policy ce @ ssessment Collection Schedule Violation Enforcement Resolution 42 Ne) e Violation Schedule o* 2018 - 136694 10/16/2018 2:02PM Page 2 of 11 Heather H. Hawthorne, Chambers County Clerk a ee & e Appricatiogs@aymeni Policy NZ e Conflict o erest Policy G e Blectiggand Telephonic Action Policy x e Sta lectronic Generators Guidelines o> e able Violation Enforcement Resolution Cotjéy Creek Homeowners Association, Inc. Governing Documents Enforcementgnd Fine Pedy is filed with and attached to this Certificate. (4) & Mailing Address and Contact Information for the Association and the Mang Agent: ww Spectrum Association Management NN Houston, TX 77084 [email protected] 281-343-9178 Fax: 281-752-5482 Prospective purchasers are advised to independently examine the Declaration, Bylaws, and all other governing documents of Association, together with obtaining an official Resale Certificate and performing a comprehensive physical inspection of the lot/home and common areas, prior to purchase.
THE PURPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUFFICIENT FOR A TITLE COMPANY TO CORRECTLY IDENTIFY THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO
URPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUFFICIENT FOR A TITLE COMPANY TO CORRECTLY IDENTIFY THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO IDENTIFY EVERY PUBLICLY RECORDED EN AFFECTING THE SUBDIVISION, OR TO REPORT EVERY PIECE OF Ne INFORMATION PERTINENT TO THE SUB: ON. NO PERSON SHOULD RELY ON THIS CERTIFICATE FOR ANYTHING OTHER < THAN INSTRUCTIONS FOR on ASSOCIATION IN CONNECTION WITH THE TRANSFER OF TITLE TO A HOME IN THE NZ SUBDIVISION. THE REGISTERED A FOR THE ASSOCIATION IS ON FILE WITH THE TEXAS SECRETARY OF STATE. © a x Signed this &, of , 2018 RS ,e) Cotton Creek HG 2aners Association, Inc. 'S) By: y Schilleci (of Spectrum Association Management) Managing Agent & SAP eras § we hry of Bexar § © This Instrument was acknowledged and signed before me on ily > OLTOEEY , 2018 by Shelby Schilleci, representative of Spectrum Association Management, LP, the Managing Agent for Cotton Creek Homeowners Association, Inc., a Texas non-profit oration, on b; ty of said corporation.
After Recording Return To: {Notary Public, State of Texas Spectrum Association Management Attn: Transitions 17319 San Pedro, #3188 pocconena , San Antonio, TX or ; JESSICA K RIEGELSBERGER NOTARY PUBLIC <J STATE OF TEXAS RS MY COMM.EXP.22421 NOTARY ID 131022034 ce 2018 - 136694 10/16/2018 2:02PM Page 3 of 11 Heather H. Hawthorne, Chambers County Clerk Cy Cy SOVERNINGVOCUMENTS ENFORCEMENT AND FINE POLICY x FoR eH TON CREEK HOMEOWNERS ASSOCIATION, INC. Se d Kew , President of Cotton Creek smeowners the Asg@kiation duly called and held on the date shown below, with ast a quorum of nsact business, by majority vote the Board approved thi Enforcement and Fine Policy (the "Policy").
overning Documents RECITALS:
tion duly called and held on the date shown below, with ast a quorum of nsact business, by majority vote the Board approved thi Enforcement and Fine Policy (the "Policy").
overning Documents RECITALS: 1 The Declarations (defined below) for Creekside at Cotton Creek, and for The Cove at Cotton Creek Estates, grant the Association the power and authority to enforce all of the Governing Documents, as defined herein.
2. Sections 209.0@% 209.007, and 209.008 of the Texas Property Code we address certain notice regulates prior to the imposition of fines or commencement ty’ an enforcement action ag fnst persons in violation of the Governing Documents. x X 3. The mi of Directors desires to adopt a policy relating to the eng en of the Restrictiof® Bylaws, guidelines, rules, regulations, and other document erning and/or apple to the Subdivision, as defined below, consistent with the Taps Property Code and agp icable provisions the Governing Documents. &@ s WITNESSETH: > > It is the policy of the Association to enforce its governing ments as provided below.
Section 1. Definitions. Capitalized terms in this Policy have the following meanings: 1.1. Association: Cotton Creek Homeowners Association, Inc.
1.2. Board or Board of Directors: The Board of Directors of the Association.
1.3. Declaration: ohilectively, the Subdivision Restrictive Covenants fore Creekside at Cotton Cree(corded under Chambers County Clerk’s file number 1669€y and the Declaration o Apvenants, Conditions and Restrictions for The Cove at Caggn Creek Estates, recor under Chambers County Clerk’s file number 35539, as thagame may be le supplemented. ce 1.4. verning Documents: The Declaration, the Certificate of ation and Bylaws Qe Associaton, all guidelines applicable to the Subdivision, he rules and & > &
5539, as thagame may be le supplemented. ce 1.4. verning Documents: The Declaration, the Certificate of ation and Bylaws Qe Associaton, all guidelines applicable to the Subdivision, he rules and & > & codn Creek Homeowners Association, Inc. —- Enforcement and Fine p&idy Page 1 of 8 2018 - 136694 10/16/2018 2:02PM Page 4 of 11 Heather H. Hawthorne, Chambers County Clerk Re of 4 N regulations of the Ass Cation adopted by the Board and recorded in the orig Public Records of Regaehonerty of Chambers County, Texas. © \) 1.5. Log @ach of the lots shown on the recorded plat(s) of the Subdiggn.
& ‘10. oWnager: The person or entity appointed by and acting wire authority of the Bee? in the enforcement of the Governing Documents. &< > Py Owner: The owner of a Lot subject of a violet of the Governing Do®dments.
1.6 Subdivision: Collectively, the subdivisions located in Chambers County, Texas, known as Creekside at Cotton Creek, Phase 1 and ll, and The Cove at Cotton Creek Estates Section 2. Types of Violations. Section 209.006 of the Texas Property Code refers to curable violations, uncurable violations, and violations which are considered a threat to public health or safety. The 'yags of violations are addressed below. Ne < oe 2.1. Curable Viogg}Bn: A violation which may be cured by affirmative actionG By way of example an wy in limitation, the Texas Property Code lists the followingsts examples of curable weditions: \& > 3 oO... é) a. a p@iking violation: b. maintenance violation; 42 om re) é failure to construct improvements or modifications in aofbidance with approved plans and specifications; and s We an ongoing noise violation such as a barking dog. & 2.2. Uncurable Violation: A violation that has occurred but is not a continuous
tions in aofbidance with approved plans and specifications; and s We an ongoing noise violation such as a barking dog. & 2.2. Uncurable Violation: A violation that has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. By way of example and not in limitation, the Texas Property Code lists the following as examples of uncurable violations: an act constituting a threat to health or safety: shooting fireworks; a noise violation that is not ongoing; property damage Ngeluding the removal or alteration of landscape; and e holding a cane sale or other event prohibited by the GoverningeS@ Documents.
x 220709 X\ 2.3. Violatig§Which is a Threat to Public Health or Safety: A violatio ich could materially agit the physical health or safety of an ordinary resident. G —) 2.4 Morcement Procedures. This Policy provides for two Qgsniorcement Procedureggmath the applicable procedure to be followed depending URS hether (i) the Q & cottS Creek Homeowners Association, Inc. — Enforcement and Fine Polls? Page 2 of 8 2018 - 136694 10/16/2018 2:02PM Page 5 of 11 Heather H. Hawthorne, Chambers County Clerk & violation is curable and dot pose a threat to public health or safety, or (ii) whethegy?
If there is re@penable uncertainty by the Board or Manager as to whether a aeration is curable or un ble, or a threat to public health or safety, the Board has th&Giscretion and authority“ make such determination and, therefore, the decisiony@ to which enforcemesy rocedure will be followed. Provided that, this Policy is n be construed to impog@an obligation on the Board to pursue enforcement actio h respect to a
d, therefore, the decisiony@ to which enforcemesy rocedure will be followed. Provided that, this Policy is n be construed to impog@an obligation on the Board to pursue enforcement actio h respect to a violak@ or alleged violation if the Board, in its reasonable d-faith judgment, de€gyMines that enforcement action is not warranted or necessaky Section 3. Enforcement of Curable Violations which do not pose a Threat to Public Health or Safety. If a violation is curable and does not pose a threat to public health or safety, the Manager may give the Owner notice of the violation and the time period by which such violation must be cured, as provided below. The time period given to an Owner may vary depending upon the violation and the difficulty involved or the effort required to cure the violation. The Board may, but is not obligated to, consider any special circumstance relating to the violation and the cost to cure the violation. The enforcement procedure for this type of violasen is as follows: NZ ( may send a Courtesy r to the Owner via First Class Mail, describing the violatio d requesting that the G@ner cure the violation within a stated time period. The Ma is not required to i a Courtesy Letter. ce 3.2. Rolation Letter (Optional). If a Courtesy Letter is sent, ken after the expiratio the time set forth in the courtesy letter, the Manager ma nd a Violation Letter he Owner via First Class Mail. However, depending on Ste severity of the vi h and/or the history of prior violations on the Owner's oF, iolation Letter may beSent to the Owner without necessity of first sending a Courtesy Letter. The Manager is not required to send a Violation Letter. If sent, the Violation Letter will include: a description of the violation; the action required to correct the violation;
ing a Courtesy Letter. The Manager is not required to send a Violation Letter. If sent, the Violation Letter will include: a description of the violation; the action required to correct the violation; the time by which the violation must be corrected; and notice that if the violation is not corrected within the time provided or if there is a subsequent violation of the same restriction, a fine may be imposed or other eninzesimeg. acuien may be initiated.
< 200” 3.3. Demand Leth Either upon initial verification of a violation, or after us) expiration of the time pexiod stated in the Courtesy Letter and/or Violation Letter, if RI the Manager may s the Owner a Demand Letter in compliance with 209. 00GNF Demand Letter poh sent by Certified Mail, return receipt requested, as wel First Class Mail, to t wner's last known address set forth in the records of the AG 3ociation, Letter to keeceived by the Owner. Depending on the severity of the vigftion and/or the s & cA Creek Homeowners Association, Inc. — Enforcement and Fine Pay Page 3 of 8 NZ 3.1. Courtesy er (Optional). Upon verification of a violation, the Mana & a & & Ne we i: 2018 - 136694 10/16/2018 2:02PM Page 6 of 11 Heather H. Hawthorne, Chambers County Clerk + of history of prior violations GY the Owner's Lot, the Demand Letter may be sent witho necessity of a prior Cog¥esy Letter or Violation Letter, as determined by the Manage and/or Board. > o often of the Demand Letter. The Demand Letter mug the reowinge és & /O Ne) ES a description of the violation which is the basis for the sSSension action, or +e charge or fine payable by the Owner to the Associ
the Demand Letter. The Demand Letter mug the reowinge és & /O Ne) ES a description of the violation which is the basis for the sSSension action, or +e charge or fine payable by the Owner to the Associ © b, notice that the Owner is entitled to a reasonable peMdd to cure the violation and avoid the suspension, charge or fine; C. a specific date, which must be a reasonable period, by which the Owner must cure the violation, to avoid the assessment of a fine for the violation: d. notice that the Owner may request a hearing before the Board, with such request to be made in writing on or before the 30th day after the date the notice was mailed to the Owner: e. notice that the Owner may have special rights or relief related to the enforcement actign under federal law, including the Servicemembers Civil Ne Relief Act (50 UQX&. App. Section 501 et seq.), if the Owner is serving on oe active military ty an f. notice that violation is not cured by the specific date, the Owner . be aes attorney fees incurred by the Association after (i) the h neh beforaNfe Board, or if the Owner does not request a hearing, ( i gaat by 1 the Owner was required to request a hearing.
5. ohrposition of Fines and Other Action. A fine as set ou rit A will be moog’ agains any Owner who fails to cure a violation by the set out in the Dem Letter, whether or not the Owner requests a nearing sere the Board. In adc the Board may suspend the Owner's right to use the mon Area, and take any other action as provided by the Governing Documents or under law.
3.6. Hearing Requested. If a hearing is properly requested by the Owner, the hearing must be held not later than the 30" day after the date the Association receives the Owner's written request for a hearing. Notification of the date, time and place of the
ted by the Owner, the hearing must be held not later than the 30" day after the date the Association receives the Owner's written request for a hearing. Notification of the date, time and place of the hearing must be sent to the Owner not later than the 10th day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be granted for a period of not more than 10 days. Any additional postponement may be grante agreement of the parties. At the hearing, the Board shall have the option of edu waiving any fines and/or reinstating the Owner's righ to use the Common abi Ne a <J Hearin ns Requested. If a hearing is not timely requested by the er, the Sune; will b le for the fine, in addition to attorney fees, if the violati s not been timely 8 “and the Association engages an attorney to pursue the 3 r.
& & & Q we cotht Creek Homeowners Association, Inc. — Enforcement and Fine Polke Page 4 of 8 2018 - 136694 10/16/2018 2:02PM Page 7 of 11 Heather H. Hawthorne, Chambers County Clerk Ne of x 3.8. Remedies. O} ne Owner is liable for, and the Association may c igs reimbursement of, re able attorney's fees and other reasonable costs incurred e Association after they Onclusion of a hearing, or, if a hearing is not requested, r the date by which tpe@wner must request a hearing. Additionally, the Associati(may, but is not oe , exercise any self-help remedies set forth in the Declarg@pn. Further, the right to the Common Area by the Owner or any tenant of thg.@wner may be ntil the violation if cured. In addition to imposing fin She Association € right under the Governing Documents and under Tex w to file a suit for very of damages and/or injunctive relief. In addition, a n@yre of violation may be
In addition to imposing fin She Association € right under the Governing Documents and under Tex w to file a suit for very of damages and/or injunctive relief. In addition, a n@yre of violation may be Section 4. Enforcement of Uncurable Violations and/or Violations which are a Threat to Public Health or Safety.
Upon initial verification of an Uncurable Violation and/or a Violation which is a Threat to Public Health or Safety, the Manager may send a demand letter to the Owner.
The demand letter will be sore Certified Mail, return receipt requested, as well as by we First Class Mail. The demangstter must be sent to the Owner's last known address as & shown in the sssodatong) ads as well as by any other method that the Manage determines will cause pay emand letter to be received by the Owner, x & Ss following: © & —) < a. @ description of the violation that is the basis for the sgOesion action, \o) charge, or fine and any amount due the Association; we notice that the Owner may request a hearing before Board of Directors, the notice was mailed to the Owner; C. notice that the Owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty; and d. notice that if the violation is not cured by the specific date, the Owner will be liable for attorney fees incurred by the Association after (i) the hearing before the Board, or if the Owner does not request a hearing, (ii) the date Ne by which the Owngtwas required to request a hearing. os g oO
orney fees incurred by the Association after (i) the hearing before the Board, or if the Owner does not request a hearing, (ii) the date Ne by which the Owngtwas required to request a hearing. os g oO 4.2 Hearing Regbated, If a hearing is properly requested by the Owner, he hearing must be held nochter than the 30" day after the date the Association rece} the Owner's written r st for a hearing. Notification of the date, time and plac he hearing must be o the Owner not later than the 10th day before the hed@pg. If a postponement cA) é hearing is requested by either the Association or th wner, a postponemen st be granted for a period of not more than 10 days. additional postpone may be granted by agreement of the parties. At the h g, the Board eS we?
cotthBreek Homeowners Association, Inc. - Enforcement and Fine Policy Page 5 of 8 2018 - 136694 10/16/2018 2:02PM Page & of 11 Heather H. Hawthome, Chambers County Clerk a ee shall have the option of *Sdving or waiving any fines and/or reinstating the Owner's ee to use the vonmen x y Sot Requested. If a hearing is not timely requested by Siiner the our wi lable for the fine, in addition to attorney fees, if the peeecee engages an atomey Gt ursue the matter. ee Remedies. Regardless of whether the Owner requegfa hearing, fines, SU sion of right to use the Common Area, and other rogiires available to the is liable for, and the Association may collect reimbursement of, reasonable attorney's fees and other reasonable costs incurred by the Association in accordance with Tex. Prop.
Code §209.008. Additionally, the Association may, but is not obligated to, exercise any
reasonable attorney's fees and other reasonable costs incurred by the Association in accordance with Tex. Prop.
Code §209.008. Additionally, the Association may, but is not obligated to, exercise any self-help remedies set forth in the Declaration. Further, the right to use the Common Area may be suspended. In addition to imposing fines and/or self-help remedies, the Association reserves the right under the Governing Documents and under Texas law to file a suit for the recovery of damages and/or injunctive relief. In addition, a notice of violation may be recorded in the Chambers County real property records if the violation Ne not be cured within the specie time frame, On \N Section 5. Subsequent lation lf an Owner has been given notice in accordance ?
Section 3 or Section g&N this Policy in the preceding six (6) month period, notice & required for the reetsturrence of the same or similar violation, and the Associa# iy another demeéal for compliance. A Sectio Fines. Subject to the notice provisions set forth in Section or Section 4 of iis BO, as applicable, the Association may impose monetary fj against an Owner hereto. The Board of Directors of the Association may adopt and modify from time to time a schedule of fines for various types of violations.
and that the foregoing Governing Documents Enforcement and vn Policy was approved by a majority vote of the Board of Directors at a meeting held on , ron 2018, to be effective upon recording in the Official Public Wenoide bf Real Property of Chambers County, Texas.
Ne
was approved by a majority vote of the Board of Directors at a meeting held on , ron 2018, to be effective upon recording in the Official Public Wenoide bf Real Property of Chambers County, Texas.
Ne COTTON-GREEK HOMEOY@TERS ASSOCIATION, INC.
RS ; gO ce Keg Nd RK , President S @ & & & © & ey Cofeh Creek Homeowners Association, Inc. - Enforcement and Fine Poly Page 6 of 8 2018 - 136694 10/16/2018 2:02PM Page 9 of 11 Heather H. Hawthorne, Chambers County Clerk THE STATE OF TEXA Chambers County Clerk COUNTY OF CHAMBERS ကာတ § ME, the undersigned notary public, appeared before me Regina Real hambers County Clerk on 3RD of Homeowners Association, Inc., known to me to be the the tober 2018 of Cotton subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and in the capacity therein expressed.
STEFANIE NOTARY E.
MORIARTY PUBLIC STATE •ID#125214766.
EXPIRES 2-28-2021 OF TEXAS Chambers County Clerk Din E whose name is Howardy Notary Public State of Texas Cotton Creek Homeowners Association CoChambers County Clerk کے Chambers County Clerk Chambers County Clerk 2018 - 136694 10/16/2018 2:02PM Page 10 of 11 Heather H. Hawthorne, Chambers County Clerk Chamber's County Clerk EXHIBIT A Cotton Creek Homeowners Association, Inc.
First $25.00 Second violation $50.00 Third violation $75.00 Ongoing violation Qule of Fines for Violations of Governing County Clerk Chambers County Clerk $5.00 per day so long as the violation exists appropriate by the County Clerk This Schedule of Fines may be amended or supplemented from time to time as deeme Clerk Chambers Card of Directors of Cotton Creek Homeowners Association, I Ct, Chambers County Clerk Chambers County Clerk Cotton Creek Homeowners Association, Inc. - Enforcement and Fine Policy
deeme Clerk Chambers Card of Directors of Cotton Creek Homeowners Association, I Ct, Chambers County Clerk Chambers County Clerk Cotton Creek Homeowners Association, Inc. - Enforcement and Fine Policy Chambers County Clerk Page 8 of 8 2018 - 136694 10/16/2018 2:02PM Page 11 of 11 Heather H. Hawthorne, Chambers County Clerk FILED FOR RECORD IN: +e Chambers County Clerk On: 10/16/2018 2:02PM Doc Number: 2018-136694 Number of Pages: Amount: $62.00 Order#: 20181016000033 By: ul Heather H. Hawthorne