ELECTRONICALLY RECORDED 201200058956 03/01/2012 02:22:35 PM NOTICE 1/27 SECOND SUPPLEMENT TO THE NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR CREEKBEND TOWNHOMES PURSUANT TO SECTION 202.006 OF THE TEXAS PROPERTY CODE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS SECOND SUPPLEMENT TO THE NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR CREEKBEND TOWNHOMES PURSUANT TO SECTION 202.006 OF THE TEXAS PROPERTY CODE (this “Second Supplement”) is made this G4, day of -Frbcy wn 6 , 2012, by Creekbend Homeowners Association, Inc. (the “Association”).
WITNESSETH: WHEREAS, Sumner & Greener, a Texas general partnership, (“Declarant”) prepared and recorded an instrument entitled “First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Creekbend Townhomes” on or about February 6, 1986 at Volume 86025, Page 1633 et seq. of the Real Property Records of Dallas County, Texas (the “Declaration”); and WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development subject to the Declaration, which development is more particularly described in the Declaration; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the development is located: and WHEREAS, the Association recorded Certificate and Memorandum of Recording of Association Documents for Creekbend Homeowners Association, Inc. on or about April 25, 2000 at Volume 2000081, Page 02384 er seg. of the Deed Records of Dallas County, Texas (the Certificate”); and
of Association Documents for Creekbend Homeowners Association, Inc. on or about April 25, 2000 at Volume 2000081, Page 02384 er seg. of the Deed Records of Dallas County, Texas (the Certificate”); and WHEREAS, the Association recorded a Notice of Filing of Dedicatory Instruments for Creekbend Townhomes on or about December 4, 2003 at Volume 2003238, Page 09434 er seg. of the Deed Records of Dallas County, Texas (the “Notice”); and WHEREAS, the Association recorded a First Supplement to Notice of Filing of Dedicatory Instruments for Creekbend Townhomes on or about August 19, 2004 at Volume 2004160, Page 10792 et seq. of the Deed Records of Dallas County, Texas (the “First Supplement”); and WHEREAS, the Association desires to supplement the Notice to include the dedicatory instruments attached as Exhibit “A” pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instruments attached hereto as Exwibit “A” are true and correct copies of the originals and are hereby filed of record in the Real Property Records of Dallas County, Texas, in accordance with the requirements of Section 202.006 of the Texas Properly IN WITNESS WHEREOFP, the Association has caused this Second Supplement to the Notice of Filing of Dedicatory Instruments for Creekbend Townhomes to be executed by its duly authorized agent as of the date first above written.
es a Texas non-profit corporation ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared 3d 1, FEA e¥ Eo mo we of Creekbend Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowle selec ocd 10
his day personally appeared 3d 1, FEA e¥ Eo mo we of Creekbend Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowle selec ocd 10 me that (s)he executed the same for the purposes and consideration therein ex pressed on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME on this G_ day of Feb.
2012. _ f — Co Agate. oe Notary Public, State of’ [exas er 8+ DOU My Commission Expires Exhibit “A” Dedicatory Instruments Document Retention Policy Document Inspection and Copying Policy Alternative Payment Plan Policy Reseission of Collection Policies Email Registration Policy Solar Energy Device Guidelines Rainwater Collection Device Guidelines Rooling Materials Guidelines Flag Display Guidelines Religious Item Display Guidelines asannaaaneesresscera orc SS CREEKBEND HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY WHEREAS, pursuant to Section 209,005(m) of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association”) is required to adopt a document retention policy for the Association’s books and records.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following procedures and practices are established for the maintenance and retention of the Association's books, records and related documents, and the same are to be known as the “Document Retention Policy” of the Association.
l. Purpose. The purpose of this Document Retention Policy is to ensure that the necessary records and documents of the Association are adequately protected and maintained.
2, Admini 1. The Association is in charge of the administration of this
tention Policy is to ensure that the necessary records and documents of the Association are adequately protected and maintained.
2, Admini 1. The Association is in charge of the administration of this Document Retention Policy and the implementation of processes and procedures to ensure that the Records Retention Schedule attached as Exhibit “A” is followed. The Board is authorized to make modifications to this Records Retention Schedule from time to time to ensure that it is in compliance with local, state and federal laws and that the schedule includes the appropriate document and record catewories for the Association.
3, Suspensi isposal ir ‘Litigation or Clai In the event the Association is served with any subpoena or request for documents or the Association becomes aware of a governmental investigation or audit concerning the Association or the commencement of any litigation against or concerning the Association, all documents relating or pertaining to such investigation, claim or litigation shall be retained indefinitely, and any further disposal of documents shall be suspended and shall not be reinstated until conclusion of the investigation or lawsuit, or until such time as the Board, with the advice of legal counsel, determines otherwise.
4, Applicability. This Decument Retention Policy applies to all physical records generated in the course of the Association’s operation, including both original documents and reproductions. [t also applies to electronic copies of documents. Any electronic files that fall under the scope of one of the document types on the Records Retention Schedule be low will be maintained for the appropriate amount of time. Documents that are not listed on ibit. *s
c files that fall under the scope of one of the document types on the Records Retention Schedule be low will be maintained for the appropriate amount of time. Documents that are not listed on ibit. *s but are substantially similar to those listed in the Records Retention Schedule, shoul for a similar length of time.
5. Definitions. The definitions contained in the governing documents of Creekbend Homeowners Association, Inc. are hereby incerporated herein by reference.
IT IS FURTHER RESOLVED that this Document Retention Policy is effective upon adoption hereof, to remain in foree and effect until revoked, modified or amended.
“6 This is to certify that the foregoing resolution was adopted by the Board ol _, and has not sft Directors at a meeting of same on _ .
lbdld been modified, rescinded or revoked.
DATE: 2-720. _ th All copies of governing documents including but not Permanently liniited to the First Amended and Restated Declaration of Covenants, Conditions, and Restrictions of Creekbend Townhomes (the “Declaration’), the First Amended and Restated By-Laws of Creekbend Homeowners Association, Inc. (the “Bylaws”), the Articles of Incorporation for Creekbend Homeowners Association, Inc. (the “Articles”, Design Guidelines, any rules, regulations or resolutions of the Board of Directors, and any amendments and supplements thereto Financial records, ineluding each year’s budget, tax 7 years returns, audits of the Association’s financial books and records, copies of all bills paid by the Association or to be paid, the Association’s checkbooks and check registers © Owners’ account records, including assessment Sy account ledgers, architectural review records, violation records, records of fines and any disputes from the OWT
ters © Owners’ account records, including assessment Sy account ledgers, architectural review records, violation records, records of fines and any disputes from the OWT Copies of the final, executed contracts with a term of 1 4 years after expiration or year or more entered into by the Association (and any termination related correspondence, including any proposal that resulted in the contract and all other supportive documentation) mond years Minutes of Annual and Special Meetings of the Members, minutes of Board meetings, and minutes of committee meetings (if any) &, CREEKBEND HOMEOWNERS ASSOCIATION, INC.
DOCUMENT INSPECTION AND COPYING POLICY WHEREAS, pursuant to Section 209.005) of the Texas Property Code, the Board of Directors of Creekbend Homeowners. Association, Inc. (the “Association’’) is required to adopt a records production and copying policy that prescribes the costs the Association will charge for the compilation, production and reproduction of the Association's books and records.
NOW, THEREFORE, IT TS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following procedures and practices are established for the compilation, production and reproduction of the Assoviation’s books and records, and the same are to be known as the “Document Inspection and Copying Policy” of the Association (hereinafter the “Policy”) 1. Purpose. The purpose of this Policy is to establish orderly procedures for the levying of fees and to notify owners of the costs to be incurred associated with the compilation, production and reproduction of the Association’s books and records in response to an owner's request to inspect the Association’s records.
of the costs to be incurred associated with the compilation, production and reproduction of the Association’s books and records in response to an owner's request to inspect the Association’s records.
2. Records Defined. The Association's books and records available for inspection and capying by owners are those records designated by Section 209.005 of the Texas Property Code. Pursuant to Section 209.005(d) of the Texas Property Code, an attorney’s Biles relating to the Association. excluding invoices, are not records of the Association, are not subject to inspection by owners. or production in a legal proceeding. Further, pursuant to Section 209.005(k), the Association is not required to release or allow inspection of any books and records relating to an employee of the Association, or any books and records that identify the violation history, contact information (other than the address) and/or financial information of an individual owner absent the express written approval of the owner whose information ts the subject of the request or a court order requiring disclosure of such information.
3. Individual ized to Inspect Association’s Records. Every owner of a lot in the Association is entitled to inspect and copy the Association’s books and records in compliance with the procedures set forth in this Poliev. An owner may submit a designation in writing, signed by the owner, specifying such other individuals who are authorized to inspect the Association's books and records as the owner’s agent, attorney, or certified public accountant.
The owner and/or the owner’s designated representative are referred to herein as the “Requesting Party.”
4, Requests for Inspection or Copying. The Requesting Party seeking to inspect or
c accountant.
The owner and/or the owner’s designated representative are referred to herein as the “Requesting Party.”
4, Requests for Inspection or Copying. The Requesting Party seeking to inspect or copy the Association’s books and records must submit a written request via certified mail to the Association at the mailing address of the Association or its managing agent as rellected on the Association's current management certificate. This address is subject to change upon notice to the owners. but the Association’s current mailing address as of the adoption of this policy is: DOCUMENT INSPECTIO} AND COPYING POLICY-Pagel Creekbend Homeowners Associalion, Inc.
c/o Branch Association Management, Inc.
P.O. Box 531593 Dallas, Texas 75355-1893 The request must contain sufficient detail describing the requested Association’s books and records, including pertinent dates, time periods or subjects sought to be inspected. The request must also specify whether the Requesting Party seeks to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records to the Requesting Party.
8. Inspection Response. If the Requesting Party clects to inspect the Association’s books and records, the Association shall notify the Requesting Party within ten (10) business days after receiving the Requesting Party’s request of the dates during norma! business hours that the Requesting Party may inspect the requested books and records (the “Inspection Notice”).
If the Association is unable to produce the requested books and records by the 10" business day after the date the Association reeeives the request, the Association must provide written notice to
e”).
If the Association is unable to produce the requested books and records by the 10" business day after the date the Association reeeives the request, the Association must provide written notice to the Requesting Party (the “Inspection Delay Letter”) that (1) the Association is unable to produce the information by the 10" business day after the date the Association received the request, and (2) state a date by which the information will be either sent or available for inspection that is not later than fifteen (15) business days after the date of the Inspection Delay Letter, 6. Insp Procedure. Any inspection shall take place at a mutuaily-ageced upon time during normal business hours. All inspections shall take place at the office of the Association's management company or such other location as the Association designates. No Requesting Party or other individual shall remove original records from the location where the inspection is taking place, ner alter the records in any way. Al individuals inspecting or requesting copies of records shall conduct themselves in a businesslike manner and shall not interfere with the operation of the Association’s or management company’s office or the operation of any other office where the inspection or copying is taking place.
At such inspection, the Requesting Party may identify such books and records for the Association to copy and forward to the Requesting Party. The Association may produce all requested books and records in hard copy, electronic, or other format reasonably available to the Association.
“I . Costs. Associated wi 1 nd Repreduction. The costs associated with compiling, producing and repreducing the ‘iation’s books and records in response to a request to inspect or copy documents shall be as follows:
sociated wi 1 nd Repreduction. The costs associated with compiling, producing and repreducing the ‘iation’s books and records in response to a request to inspect or copy documents shall be as follows: (a) Copy charges.
(1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $0.10 per f INSPECTION AND COPYING POLICY - Page 2 page or part of a page. Each side that contains recorded information is considered a page.
(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette--$ 1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost; (D) Tape cartridge--actual cost; (E) Rewritable CD (CD-RW}--$ 1.00; (F} Non-rewritable CD (CD-R)--$ 1.00; (G) Digital video disc (DVD)--$ 3.00; (H) JAZ drive--actual cost; (f) Other electronic media--actual cost: (1) VHS video cassette--$ 2.50; {Kj Audio cassette--$ 1.00; (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, blucbar, not including maps and photographs using specialty paper)--$0.50; (M) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic)--actual cost.
(b) Labor charge for locating, compiling, manipulating data, and reproducing information.
(1) The charge for labor costs incurred In processing a request for information is $15.00 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.
(2) When confidential information is mixed with non-confidential information in the same page, a labor charge may be recovered for time
mpile, manipulate data, and reproduce the requested information.
(2) When confidential information is mixed with non-confidential information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the information. A labor charge shall not be made for redacting confidential information for requests of fifty (50) or fewer pages.
(3) lf the charge for providing a copy of information includes costs of labor, the Requesting Party may require that the Association provide a written statement as to the amount of time that was required to produce and provide the copy, signed by an officer of the Association. A charge tay not be imposed for providing the written statement to the requestor.
(c) Overhead charge.
(1} Whenever any labor charge is applicable to a request, the Association may include in the charges direct and indirect costs, in addition to the specific labor charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. If the Association chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges.
(2) An overhead charge shall not be made for requests for copies of fifty (50) or fewer pages of standard paper records.
(3) The overhead charge shall be computed at twenty percent (20%) of the charge made to cover any labor costs asseciated with a particular request (example: if one hour of labor is used for a particular request, the formula
shall be computed at twenty percent (20%) of the charge made to cover any labor costs asseciated with a particular request (example: if one hour of labor is used for a particular request, the formula would be as follows: Labor charge for locating, compiling, and reproducing, $15.00 x .20 = $3.00).
(d) Postal and shipping charges. The Association may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the Requesting Party.
g, Payment. Upon receipt of a request to inspect and/or copy documents, the Association may require the Requesting Party to pay the estimated costs associated with production and copying in advance. If the estimated cost of compilation, production and reproduction is different from the actual cost, the Association shall submit a final invoice to the owner on or before the 30" business day after the Association has produced and/or delivered the requested information. If the actual cost is greater than the estimated amount, the owner rust pay the difference to the Association within thirty (30) business days after the date the inveice is sent to the owner, or the Association will add such additional charges as an assessment against the owner's property in the Association. Ifthe actual cost is less than the estimated amount, the Association shall issue a refund to the owner within thirty (30) business days after the date the invoice is sent to the owner.
9. Definitions. The definitions contained in the governing documents of Creekbend Homeowners Association, Inc. are hereby incorporated herein by reference.
DOCUMENT INSPECTION AND COPYING POLICY - Page 4 sinsvnstosp ci sn SIA SLA HAOBSEL ENDO DIE REM SEALED IOI SERN Ee ON “esnanncricinnnaenee z verre ea BEES SSS NE ACNL HE Ps
porated herein by reference.
DOCUMENT INSPECTION AND COPYING POLICY - Page 4 sinsvnstosp ci sn SIA SLA HAOBSEL ENDO DIE REM SEALED IOI SERN Ee ON “esnanncricinnnaenee z verre ea BEES SSS NE ACNL HE Ps IT IS FURTHER RESOLVED that this Document Inspection and Copying Policy is effective upon adoption hereof, to remain in foree and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors ata meeting ofsameon 2-7-2 e/2 and has not been modilied, rescinded or revoked.
DATE: 2) 2.0/2 DOCUMENT INSPECTION AND COPYING POLICY - Page 5 CREEKBEND HOMEOWNERS ASSOCIATION, INC.
ALTERNATIVE PAYMENT PLAN POLICY WHEREAS, pursuant to Section 209.0062 of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association”) is required to adopt reasonable guidelines regarding an alternate payment schedule in which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following guidelines and procedures are established for the establishment of an alternate payment schedule, and the same are to be known as the “Alternate Payment Plan Policy” of the Association (hereinafter the “Poliey”).
1. Purpose. The purpose of this Policy is to assist Owners in remedying delinquencies and remaining current on the payment of amounts owed to the Association by establishing orderly procedures by which Owners may make partial payments to the Association for amounts owed without accruing additional penalties.
n the payment of amounts owed to the Association by establishing orderly procedures by which Owners may make partial payments to the Association for amounts owed without accruing additional penalties.
2. Eligibility. To be eligible for a payment plan pursuant to the Association's alternate payment plan schedule, an Owner must meet the following criteria: a) The owner must currently be delinguent in the payment of regular assessments, special assessments, or any other amounts owed tw the Association: b} The Owner must not have defaulted on a prior payment plan within the prior two year period: and c} The Owner must submit a signed payment plan as defined below, along with the Owner's initial payment to the address designated by the Association for correspondence.
3. Payment Plan Schedule/Guidelines. The Association hereby adopts the following alternate payment guidelines and makes the following payment plan schedule available to owners in order to make partial payments for delinquent amounts owed: a) Reguirements of Pavment Plan Request. Within 30 days of the date of the initial letter which informs the owner of the availability of a payment plan, an owner must submit a signed acceptance of the payment plan schedule described below to the Association’s management company.
SF PLAN POLICY - Page I ALTERNATE PAYMI ¢) e) f) ALTERNATE PA the total amount owed and remaining payments in equal monthly installments.
Date of Partial Payments under Plan. The Owner must submit the first monthly installment payment under the plan contemporaneously with submission of the Owner's payment plan agreement which must be signed by the Owner. The
ts under Plan. The Owner must submit the first monthly installment payment under the plan contemporaneously with submission of the Owner's payment plan agreement which must be signed by the Owner. The Owner must make all additional monthly installments under the payment plan so that the payments are received by the Association no later than the first (1°) day of each month. The Owner may pay off, in full, the balance under the payment plan at any time. All payments must be received by the Association at the Association’s designated mailing address or lock box for all payments. Payments may be made through auto draft bill payment, in check or certified finds, or bv credit card (to the extent the Association is set up to receive payment by credit card).
Correspondence. Any correspondence to the Association regarding the amount owed, the payment plan, or such similar correspondence must be sent to the address designated by the Association for correspondence. Such correspondence shall not be included with an Owner's payment.
Amounts Coming Due During Plan. Owners are responsible for remaining current on all assessments and other charges coming due during the duration of the Owner's payment plan and must, therefore, timely submit payment to the Association for any amounts coming due during the duration of the Owner's payment plan.
Additional Charges. An Owner's balance owed to the Association shall not accrue late fees or other monetary penalties (except interest) while such Owner is in compliance with a payment plan under the Association’s alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest on the unpaid balance,
n under the Association’s alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest on the unpaid balance, calculated at the highest rate allowed by the governing documents or by law. The costs of administering the plan and interest shall be included in calculating the total amount owed under the payment plan and will be included in the payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly monitoring fee of no less than $5.00 per month.
( ayiment Arrangements. At the discretion of the Board of Directors. and only for good cause demonstrated by an owner, the Association may accept payment arrangements offered by owners which are different from the above-cited guidelines, provided that the term of payments is no less than three (3) monihs nor larger than eighteen (18) months. The Association’s acceptance of payment arrangements that are different from the approved payment plan MENT PLAN POLICY - Page 2 schedule/guidelines hereunder shall not be construed as a waiver of these guidelines nor authorize an owner to be granted a payment plan which differs from the one herein provided.
4, Dety If an Owner fails to timely submit payment in fidl of any installment payment (which installment payment must include the principal owed, the administration fees assessed to the plan and interest charges), or fails to timely pay any amount coming due during the duration of the plan, the Owner will be in default. [f an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. I! the
coming due during the duration of the plan, the Owner will be in default. [f an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. I! the Association elects to provide a notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. In addition, the Owner is hereby on notice that he/she will be responsible for any and all costs, including attorney’s fees, of any additional collection action which the Association pursues.
5, Board Diseretion. Any Owner who is not eligible for a payment plan under the Association’s alternate payment plan schedule may submit a written request to the oard for the Association to grant the Owner an alternate payment plan. Any such request must be directed to the person or entity currently handling the collection of the Owner's debt (i.c. the Association’ s management company or the Association’s attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan, will be at the sole discretion of the Association's Board of Directors.
6. Definitions. The definitions contained in the governing documents of Creekbend Homeowners Association, Inc. are hereby incorporated herein by reference.
7. Severability and Leval Interpretation. In the event that any provision herein shall be determined by a court with jurisdiction to be invalid or unenforceable in any respect. such determination shall not affect the validity or enforceability of any other provision, and this Policy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satis the legal requirements of Section 209.0062 of the Texas Property Code. In the event that
olicy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satis the legal requirements of Section 209.0062 of the Texas Property Code. In the event that ny provision of this Poliey is deemed by a court with jurisdiction to be ambiguous or in contradiction with any law, this Policy and any such provision shall be interpreted in a manner that complies with an interpretation that is consistent with the law.
IT IS FURTHER RESOLVED that this Alternate Payment Plan Policy is etle January 1, 2012, to remain in force and effect until revoked. modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting ofsameon 2-7-2072, and has not been modilied, rescinded or revoked.
Secretary DATE: WHEREAS, the Texas Legislature passed House Bill 1228 which amends Chapter 209 of the Texas Property Code by adding Sections 209.0092 and 209.0063 effective January 1, 2012; and WHEREAS, effective January 1, 2012, Section 209.0092 changes the collection procedure for property owners associations by requiring associations to utilize an expedited judicial process in order to foreclose their assessment liens; and WHEREAS, effective January 1, 2012, Section 209.0063 establishes a statutory priority of payments schedule for payments received by a property owners association from an owner; and WHEREAS, Creekbend Homeowners Association, Inc. (the “Association”) previously recorded an Assessment Collection Policy on or about December 4, 2003 at Volume 2003238, Page 09434 ef seg. of the Deed Records of Dallas County, Texas (the “Assessment Collection Policy”); and WHEREAS, portions of the Assessment Collection Policy conflict with Section 209.0063 of the Texas Property Code.
. of the Deed Records of Dallas County, Texas (the “Assessment Collection Policy”); and WHEREAS, portions of the Assessment Collection Policy conflict with Section 209.0063 of the Texas Property Code.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the policies and procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, as of January 1, 2012, the Board of Directors of the Association repeals any and all existing collection policies and application of payments policies and replaces them with the procedures set forth in Sections 209.0092 and 209.0063 of the Texas Property Code. [Effective January 1, 2012, all collection actions and application of payments will conform to Chapter 209 of the Texas Property Code.
IT IS FURTHER RESOLVED that this Rescission of Collection Policies is effective on January 1, 2012, to remain in force and effect until revoked, modified or amended, This is to certify that the foregoing resolution was adopted by the Board of been modified, rescinded or revoked. fg a a Secretary RESCISSION OF COLLECTIONS PO CREEKBEND HOMEOWNERS ASSOCIATION, INC, WHEREAS, pursuant to Section 209.0051(e) of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association”™) is permitted to send notice of Board meetings to the members via e-mail to each owner who has registered an e-mail address with the Association; and WHEREAS, pursuant to Section 269.0051(f) of the Texas Property Code, it is an owner's duty to keep an updated e-mail address registered with the Association, NOW, THEREFORE, IT IS RESOLVED, the following procedures and practices are
.0051(f) of the Texas Property Code, it is an owner's duty to keep an updated e-mail address registered with the Association, NOW, THEREFORE, IT IS RESOLVED, the following procedures and practices are established for the registration of e-mail addresses with the Association, and the same are to be known as the “Email Registration Policy” of the Association.
I. Purpe The purpose of this Email Registration Policy is to ensure that cach owner receives proper notice of regular and special Board meetings of the Association pursuant to Section 209,0051(e) of the Texas Property Code. This Email Registration Policy is also intended to provide the Association with a method to verify the identity of owners who cast electronic ballots in elections via e-mail.
2. Registration. Each owner is responsible to register his or her e-mail address with the Association if he/she desires to receive email notifications of meetings, and it is the owner's responsibility to keep his er her registered e-mail address up-to-date and accurate. An owner may register his or her e-mail address by submitting a request to register or change his or her email address to the Association’s property manager via e-mail, mail, or facsimile. Alternatively, the Association may allow an owner to register his or her e-mail address through a form on the Association’s website, if any. Please allow seven (7) business days from submission of an e-mail address for the Association to update its records. Please note, correspondence to the Association and/or its property manager from an email address for any other purpose other than an express statement to register an email address is not sufficient to register such email address with the Association.
/or its property manager from an email address for any other purpose other than an express statement to register an email address is not sufficient to register such email address with the Association.
3. Failure io Register. In the event an owner fails to register an accurate e-mail address with the Association, the owner may not receive e-mail notification of regular and special Board meetings. Also, the Association may use an owner’s registered e-mail address for purposes of verifying the owner's identity for electronic voting. [fan owner fails to register an email address with the Association or submits an electronic ballot from an e-mail address other than the e-mail address registered with the Association, such owner’s electronic ballot may not be counted. The Association has no obligation to actively seek out a current e-mail address fe each owner. In addition, the Association has no obligation to investigate or obtain an updated email address for owners whose current registered e-mail address is returning an e-mail delivery failure message/ undeliverable message.
4, Definitions. The detinitions contained in the Association’s dedicatory instruments are hereby incorporated herein by reference.
IT IS FURTHER RESOLVED that this Email Registration Policy is effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of been modified, rescinded or revoked.
Secretary EMAIL REGIS Page 2 WHEREAS, the Texas Legislature passed House Bill 362 which amends Chapter 202 of the Texas Property Code by adding Section 202.010 which precludes associations from adopting
cretary EMAIL REGIS Page 2 WHEREAS, the Texas Legislature passed House Bill 362 which amends Chapter 202 of the Texas Property Code by adding Section 202.010 which precludes associations from adopting or enforcing a complete prohibition on solar energy devices; and WHEREAS, pursuant to Section 202.010 of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association™) is permitted to adopt certain limitations on solar energy devices.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.010 of the Texas Property Code, the Board of Directors hereby repeals any and all prior restrictions on solar energy devices contained in any governing document of the Association which are inconsistent with the new law, and adopts the following guidelines to govern solar energy devices, A. An owner may not install a solar energy device that: 1. as adjudicated by a court; a. threatens the public health or safety; or b. violates a law; is located on property owned or maintained by the Association: bo ed is located on property owned in common by the members of the Association: 4. is located in an area on the owner's property other than: a. on the roof of the home or of another structure allowed under a dedicatory instrument; or b. in a fenced yard or patio owned and maintained by the owner, 5. if mounted on the roof of the home: a. extends higher than or beyond the roofline; b. is located in an area other than an area designated by the Association, unless the alternate location increases the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten percent (10%)
ses the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten percent (10%) above the energy production of the device if located in an area designated by the Association, does not conform to the slope of the roof and has a top edge that is not parallel to the roofline: er e SOLAR ENERGY DEVIC d. has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace; 6. if located in a fenced yard or patio, is taller than the fence line: as installed, voids material warranties: or ~ 8. was installed without prior approval by the Association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument.
B. The definitions contained in the Association’s dedicatory instruments are hereby incorporated herein by reference.
TPIS FURTHER RESOLVED that these Solar Energy Device Guidelines are elfective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors ata meeting ofsameon 2-)Dee aid has not been modified, rescinded or revoked. , Secretary SOLAR ENERGY DEVI WHEREAS, the Texas Legislature passed House Bill 3391 which amends Section 202.007(d) of the Texas Property Cade which precludes associations from adopting or enforcing certain prohibitions or restrictions on rain barrels and rainwater harvesting systems; and WHEREAS, pursuant to Section 202.007(d) of the Texas Property Code, the Board of
s from adopting or enforcing certain prohibitions or restrictions on rain barrels and rainwater harvesting systems; and WHEREAS, pursuant to Section 202.007(d) of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association’) is permitted to adopt specific limitations on rain barrels and rainwater harvesting systems.
NOW, THEREFORE, I'T IS RESOLVED, in order to comply with Section 202.007(¢) of the Texas Property Code, the Board of Directors of the Assoviation adopts the following guidelines for rain barrels and rainwater harvesting systems.
A. An owner may not install a rain barrel or rainwater harvesting system if1. such device is to be installed in or on property: (b) owned in common by the members of the Association; or (c) located between the front of the owner's home and an adjoining or adjacent street: or 2. the barrel or system: (a) is of a color other than a color consistent with the color scheme of the owner’s home: or ib) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured.
B. The Association may regulate the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible [rom a street, another lot, or a common area if: I. the restriction does not prohibit the economic installation of the device or appurtenance on the owner's property; and 9, there is a reasonably sufficient area on the owner's property in which to install the device or appurtenance.
C. In order to enforce these regulations, an owner must receive written approval from the
there is a reasonably sufficient area on the owner's property in which to install the device or appurtenance.
C. In order to enforce these regulations, an owner must receive written approval from the Board or the architectural control or review committee (if ome exists) prior to instailing any rain barrel or rainwater harvesting system. Accordingly, prior to installation, an owner must submit plans and specifications to and receive the written approval of the RAINWATER COLLECTION DEVICE Board or architectural control/review committee. The plans and specifications must show the proposed location, color, material, shielding devices, size and type of such system or device (and all parts thereof}. The plans should also identify whether the device or any part thereof will be visible from any street, other lot or common area.
D. The definitions contained in the Association’s dedicatory instruments are hereby incorporated herein by reference.
E. In the event of any conflict between the new law cited above and any restrictions contained in any governing docurnent of the Association, including design guidelines, policies and the Declaration, the new law and this Rainwater Collection Device Policy control.
IT IS FURTHER RESOLVED that these Rainwater Collection Device Guidelines are effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors ata mecting of same on 2-7-2ey2 .and has not been modified, rescinded or revoked. . # DATE: 2-'/7- 42/2. CU a Le Secretary RAINWATER COLLECTION DEVICE GUIDELINES - Page 2 CREEKBEND HOMEOWNERS ASSOCIATION, ENC.
ROOFING MATERIALS GUIDELINES WHEREAS, the Texas Legislature passed House Bill 362 which amends Chapter 202 of
ary RAINWATER COLLECTION DEVICE GUIDELINES - Page 2 CREEKBEND HOMEOWNERS ASSOCIATION, ENC.
ROOFING MATERIALS GUIDELINES WHEREAS, the Texas Legislature passed House Bill 362 which amends Chapter 202 of the Texas Property Code by adding Section 202.011 which precludes associations from: adopting or enforcing a prehibition or restriction on certain roofing materials; and WHEREAS, pursuant to Section 202.011 of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association”) is permitted to adopt specific limitations on certain roofing materials.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.011 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines for certain rooling materials.
A. The Association shall not prohibit an owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that: 1. are designed to: fa) be wind and hail resistant; tb) provide heating and cooling efficiencies greater than those provided by customary composite shingles; (c) provide solar generation capabilities; and 2. when installed: property in the subdivision: (b) are more durable than and are of equal or superior quality to the shingles described by subsection (a) above: and (c) match the aesthetics of the property surrounding the owner's property.
B. The definitions contained in the Association’s dedicatory imstruments are hereby incorporated herein by reference.
C. In the event of any conflict between these provisions and any roofing material restrictions contained in any governing document of the Association, including design guidelines,
herein by reference.
C. In the event of any conflict between these provisions and any roofing material restrictions contained in any governing document of the Association, including design guidelines, policies and the Declaration, this Roofing Materials Policy controls.
IT IS FURTHER RESOLVED that these Roofing Materials Guidelines are effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of rays * Pe “ z a been modified, rescinded or revoked. ry J. ae, fil fok Secretary ROOFING MATERIALS GUIDELINES - Page 2 _eenten nse SEAS TREO AE SNES EOO ITLL NOSES DISEASE EEE CREEKBEND HOMEOWNERS ASSOCIATION, INC, FLAG DISPLAY GUIDELINES WHEREAS, the Texas Legislature passed House Bill 2779 which amends Chapter 202 of the Texas Property Code by adding Section 202.011 which precludes associations from adopting or enforcing a prohibition or restriction on certain flag displays; and WHEREAS, pursuant to Section 202.011 of the Texas Property Code, Creekbend Homeowners Association, Inc. (the “Association”) is permitted to adopt specific limitations on certain flag displays.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.011 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines for flag displays.
A. Anowner or resident may display: l.
nN “ we the flag of the United States of America: the flag of the State of Texas; or an official or replica flag of any branch of the United States armed forces.
8. An owner may only display a flag in A. above if such display meets the following criteria: 1.
tal
the State of Texas; or an official or replica flag of any branch of the United States armed forces.
8. An owner may only display a flag in A. above if such display meets the following criteria: 1.
tal a flag of the United States must be displayed in accordance with 4 U.S. C, Sections 3-10: a flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; a flagpole attached to a dwelling or a freestanding flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; the display of a flag or the location and construction of the supporung flagpole must comply with applicable zoning ordinances, easements and setbacks of record; a displayed flag and the flagpole on which it is flown must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe 1] | pole must be repaired, replaced or removed: C. The Association hereby adopts the following additional restrictions on the display of fags on an owner's lot: lL.
bo FLAG DISPLAY GUIDELI an owner may not install a flagpole which is greater than twenty feet (20°) in height: an owner may not install more than one flagpole on the owner’s property; - Page I any flag displayed must not be greater than 3° x S* in size; 4, an owner may not mstall lights to illuminate a displayed flag which, due to their size, location or intensity, constitute a nuisance; $. an owner may not locate a displayed flag or flagpole on property that is: (b} owned in common by the members of the Association.
D. Prior to erecting or installing a flag and/or flag pole, an owner must first submit plans and
: (b} owned in common by the members of the Association.
D. Prior to erecting or installing a flag and/or flag pole, an owner must first submit plans and specifications to and receive the written approval of the Board or architectural control/review committee. The plans and specifications must show the proposed location, material, size and type of such flag and flagpole (and all parts thereof, including any lights to illuminate a displayed flag).
E. The definitions contained in the Association’s dedicatory instruments are hereby incorporated herein by reference.
IT IS FURTHER RESOLVED that these Flag Display Guidelines are effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of been modified, rescinded or revoked.
CREEKBEND HOMEOWNERS ASSOCIATION, INC.
WHEREAS, the Texas Legislature passed House Bill 1278 which amends Chapter 202 of the Texas Property Code by adding Section 202.018 which precludes associations from adopting or enforcing a restrictive covenant which governs an owner's or resident’s right to display or affix on the entry to the owner’s or resident's dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief; and WHEREAS, pursuant to Section 202.018(b) of the Texas Property Code, the Board of Directors of Creekbend Homeowners Association, Inc. (the “Association”) is permitted to adopt certain limitations on the display of religious items.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.018 of
Homeowners Association, Inc. (the “Association”) is permitted to adopt certain limitations on the display of religious items.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.018 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines to govern the display of religious symbols.
A, An owner or resident may not display or affix a religious item on the entry to the owner or resident’s dwelling which: 1.
2.
std threatens the public health or safety: violates a law: contains language, graphics, or any display that is patently offensive to a passerby: is in a location other than the entry door or door frame or extends past the outer edge of the door frame of the owner's or resident's dwelling; or individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches; B. The definitions contained in the Association's dedicatory instruments are hereby incorporated herein by reference.
C, In the event of-any conilict between Section 202.018(b) of the Texas Property Code and any restrictions contained in any governing document of the Association, including design guidelines, policies and the Declaration, Section 202.018(b) and this Religious Item Display Policy controls.
RELIGIOUS IFEM DISPLAY GUIDELINES - Pagel If IS FURTHER RESOLVED that these Religious Item Display Guidelines are effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on 2-1) -2o12- , and has not been modified, rescinded or revoked.
DATE: a ~! )-en.
Filed and Recorded Official Public Records
oing resolution was adopted by the Board of Directors at a meeting of same on 2-1) -2o12- , and has not been modified, rescinded or revoked.
DATE: a ~! )-en.
Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03/01/2012 02:22:35 PM $120.00 201200058956 RELIGIOUS ITEM DISPLAY GUIDELINES - Page 2