DOC #2021115239 Pages 11 ADDITIONAL DEDICATORY INSTRUMENT FOR CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
THE STATE OF TEXAS § § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, on this day personally appeared Christopher J.
Archambault who, being by me first duly sworn, states on oath the following: My name is Christopher J. Archambault I am over twenty-one (21) years of age, of sound mind, capable of making this affidavit, authorized to make this affidavit, and personally acquainted with the facts herein stated: I am the Attorney for CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
Pursuant with Section 202.006 of the Texas Property Code, the following documents are copies of the original official documents from the Association's files: Policy regarding deed restriction violation hearings; Guidelines for bid solicitation and review process; Guidelines for display of certain religious items; Guidelines for installation and use of certain residence security measures.
pYNe e DATED this 19" day of August 2021.
Crockett Trace Homeowners Association, Inc.
” CE.
BY: Christopher J. Archambault, Attorney (Printed Name) THE STATE OF TEXAS § § COUNTY OF HARRIS § THIS INSTRUMENT was acknowledged before me on this the 19" day of August, 2021 by the said Christopher J. Archambault, Attorney for Crockett Trace Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said corporation.
After Recording Return To: Daughtry & Farine, P.C.
17044 El Camino Real Houston, Texas 77058 ATTN: CJA/me (1704.0001) MELANIE CRAFT 703 Notary Public, State of Texas “ws Comm. Expires 05-03- -2025 aR es CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
POLICY REGARDING DEED RESTRICTION VIOLATION HEARINGS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY § ~
ires 05-03- -2025 aR es CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
POLICY REGARDING DEED RESTRICTION VIOLATION HEARINGS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY § ~ WHEREAS, the CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
(“Association”) is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declarations for the various sections of the community (referred to collectively as Declarations’); and WHEREAS, Section 209.007 of the Texas Property Code was amended by the 87" Texas Legislature dealing with the regulation of deed restriction violation hearings; and WHEREAS, the Board of Directors of the Association (“Board”) desires to establish the procedure by which all hearings under Section 209.007 will be conducted.
NOW, THEREFORE, the Board has duly adopted the following Policy Regarding Deed Restriction Violations: Deed Restriction Violation Hearings After receiving a notice pursuant to Section 209.006 of the Texas Property Code regarding a curable violation, an Owner may request a hearing before the Association’s Board of Directors. The request for a hearing must be submitted in writing on or before the 30" day after the date the notice was mailed to the Owner.
In response to an Owner’s written request, the Association shall hold a hearing not later than the 30" day from the date the request was received. The Board or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
Not later than 10 days before the hearing, the Association shall notify the Owner of the date,
r a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
Not later than 10 days before the hearing, the Association shall notify the Owner of the date, time, and place of the hearing. Hearings may be conducted virtually or in person. Additionally, the Association shall provide an Owner a packet containing all documents, photographs, and communications relating to the matter the Association intends to introduce at the hearing. The packet may be transmitted electronically. If the packet is not available within 10 days of the hearing, the hearing will be postponed for 15 days.
During a hearing, a member of the Board or the Association's designated representative shall first present the Association's case against the Owner. An Owner or the Owner's designated representative is entitled to present the Owner's information and issues relevant to the appeal or dispute.
Following a hearing, the Board shall provide a written decision to the Owner within 15 days.
This policy is effective upon recordation in the Public Records of Montgomery County, and supersede any prior policies regarding deed restriction violation hearings which may have previously been in effect. Except as affected by Section 209.007 and/or by this policy, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Board on this / 7 day of Bug WS! 2021.
CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
sin e KY. cn Name: Gi Position: { beey Cowl CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC, GUIDELINES FOR BID SOLICITATION AND REVIEW PROCESS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY §
e: Gi Position: { beey Cowl CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC, GUIDELINES FOR BID SOLICITATION AND REVIEW PROCESS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY § WHEREAS the CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
(“Association”) is charged with administering and enforcing those certain covenants, conditions and WHEREAS Section 209.0052 of the Texas Property Code was amended by the 87" Texas Legislature dealing with the regulation of association contracts and the bid process; and WHEREAS, the Board of Directors of the Association (“Board”) has determined that in connection with maintaining the residential plan, procedures, and harmony of the community, and to provide clear and definitive guidance regarding Association contracts and the bid process, it is appropriate for the Association to adopt guidelines regarding the bid process within the community.
NOW, THEREFORE, the Board has duly adopted the following Guidelines for Bid Solicitation and Review Process within the community: Guidelines for Bid Solicitation and Review Process —_—l Sn policitation and Review Process I. Bid Process for Service Contracts or Construction Projects over $50,000.
A. In accordance with Texas Property Code Section 209.0052(c), if the Association proposes to contract for services that will cost more than $50,000, it shall solicit bids or proposals using a bid process established by the association.
B. The following bid process shall be used in such cases where the Association desires to contract for services or construction projects over $50,000: 1. The Association shall solicit no fewer than two bids for services, if reasonably available.
2. The Board of Directors shall evaluate such bids and make their decision based
n projects over $50,000: 1. The Association shall solicit no fewer than two bids for services, if reasonably available.
2. The Board of Directors shall evaluate such bids and make their decision based on what is in the best interest of the Association.
C. Exceptions: 1. The board may waive the 2 bid requirement in its discretion by a majority affirmative vote of the board in instances where no other contractor may be found or is willing to submit a bid.
2. The board may waive the 2™ bid requirement in its discretion by a majority affirmative vote of the board in instances where specialty trades are needed for contracts in which: a. the contractor would be the company maintaining the project after completion (i.¢., the pool contractor that replastered the pool and will be maintaining the pool chemicals or the landscape company that installed the plants and will be maintaining the,), and b. getting another contractor to do the work would endanger the warranty.
3.
This Section I does not apply if the contract is between the HOA and: 1) a board member, 2) his relative or 3) his or his relative’s company in which he or his relative has a financial interest in at least 51% of the profits. If that is the case, then the HOA must get at least two other bids per Section 209.0052(b)(1) if reasonably available. (Please see Section II below.)
II. Bid Process for Contracts with a Current Association Board Member, Relative, or Related Company.
A. In accordance with Texas Property Code Section 209.0052(b), the Association may only enter into an enforceable contract with the following parties if the procedure outlined in Section IJ. B below is followed: 1.
2.
a current association board member, a person related to a current association board member within the third degree by
lowing parties if the procedure outlined in Section IJ. B below is followed: 1.
2.
a current association board member, a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, a company in which a current association board member has a financial interest in at least 51 percent of profits, or a company in which a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a financial interest in at least 51 percent of profits.
B. The following bid process shall be used in cases where the Association desires to enter into a contract with the parties listed in Section I. A. above: l.
2.
3.
the board member, relative, or company bids on the proposed contract; the association receives at least two other bids from persons not associated with the board member, relative, or company, if reasonably available, in the community; the board member: (A) is not given access to the other bids; (B) does not participate in any board discussion regarding the contract; and (C) does not vote on the award of the contract; the material facts regarding the relationship or interest with respect to the proposed contract are disclosed to or known by the association board; the board, in good faith and with ordinary care, authorizes the contract by the affirmative vote of a majority of the remaining board members who do not have an interest governed by this subsection; and the association board certifies that the other requirements of this subsection have been satisfied by a resolution approved by the affirmative vote of a majority of the board
d by this subsection; and the association board certifies that the other requirements of this subsection have been satisfied by a resolution approved by the affirmative vote of a majority of the board members who do not have an interest governed by this subsection.
III. Applicability.
The above Bid Solicitation and Review Process does not apply to a contract entered into by an association during the development period.
The guidelines are effective upon recordation in the Public Records of Montgomery County and supersede any guidelines for bid solicitation and review which may have previously been in effect. Except as affected by Section 209.0052 and/or by these guidelines, all other provisions contained in the Declarations, or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Board on this / ? May of Auguts vA 2021.
CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
Signed: Ly (Wailer Name: . Setty p| ANTEN) Position: Fedor f CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR DISPLAY OF CERTAIN RELIGIOUS ITEMS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY § WHEREAS, the CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
(“Association”) is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declarations for the various sections of the community (referred to collectively as “Declarations’”’); and WHEREAS, Section 202.018 of the Texas Property Code was amended by the 87" Texas Legislature dealing with the regulation of display of certain religious items; and WHEREAS, the Board of Directors of the Association (“Board”) has determined that in
Code was amended by the 87" Texas Legislature dealing with the regulation of display of certain religious items; and WHEREAS, the Board of Directors of the Association (“Board”) has determined that in connection with maintaining the aesthetics and architectural harmony of the community, and to provide clear and definitive guidance regarding the display of certain religious items therein, it is appropriate for the Association to adopt guidelines regarding the display of certain religious items within the community.
NOW, THEREFORE, the Board has duly adopted the following Guidelines for Display of Certain Religious Items within the community: I. DEFINITIONS “Religious items” shall be defined as any items which may be construed to reflect an owner’s sincere religious belief.
II. POLICY 1. An owner or resident may display a religious item by displaying or affixing it to the owner’s or resident’s property or dwelling which is motivated by the owner’s or resident’s sincere religious belief.
2. The owner or resident shall not display or affix a religious item on the owner’s or resident’s property or dwelling that: a. threatens public health or safety; b. violates a law, other than a law prohibiting the display of religious speech; c. contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content; is installed on property owned or maintained by the Association; e. violates any applicable building line, right-of-way, setback or easement; or f. is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole or fixture.
3. The Association shall determine if the religious item is in violation of either sections “2a” through “2f’ above.
raffic control device, street lamp, fire hydrant, or utility sign, pole or fixture.
3. The Association shall determine if the religious item is in violation of either sections “2a” through “2f’ above.
The guidelines are effective upon recordation in the Public Records of Montgomery County, and supersede any guidelines for certain religious items which may have previously been in effect.
Except as affected by Section 202.018 and/or by these guidelines, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Board on this_) ‘7 ih. of Augu Sf 2021.
CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
vena Name: ch JEL rea bud, CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
GUIDELINES FOR INSTALLATION AND USE OF CERTAIN RESIDENCE SECURITY MEASURES STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF MONTGOMERY § WHEREAS, the CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
(“Association”) is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declarations for the various sections of the community (referred to collectively as “Declarations’”); and WHEREAS, Section 202.023 of the Texas Property Code was amended by the 87" Texas Legislature dealing with the regulation of certain security measures; and WHEREAS, the Board of Directors of the Association (“Board”) has determined that in connection with maintaining the aesthetics and architectural harmony of the community, and to provide clear and definitive guidance regarding the installation of certain security measures therein, it is appropriate for the Association to adopt guidelines regarding the installation and use of such
vide clear and definitive guidance regarding the installation of certain security measures therein, it is appropriate for the Association to adopt guidelines regarding the installation and use of such security measures within the community.
NOW, THEREFORE, the Board has duly adopted the following Guidelines for Installation and Use of Certain Security Measures within the community: Exterior Home Video Surveillance Cameras Cameras should be compact in size and as obscured from view as possible so as not to detract from the appearance of the home.
Cameras must be placed only on an owner’s private property, and not on any right-of-way, public sidewalk or street, common area or neighboring private property. Any camera lens must be angled such that the camera does not observe or record the private properties of others, A property owner may not use exterior cameras to unreasonably intrude on the privacy of neighboring properties or their occupants.
Perimeter Security F encing for Front Yard Rear yard perimeter fencing is subject to the existing recorded dedicatory instruments for the Association, and is not changed or altered by this Policy.
Any fencing installed for security purposes in front of the front building line of the owner’s lot shall be approved in writing by the Architectural Review Committee prior to installation, to ensure harmony with the exterior of the residence and neighboring properties.
Any wood, vinyl, wire or chain link fencing is strictly prohibited in front of the front building line of the lot.
Wrought iron-style fencing no higher than six feet (6’) is acceptable; however, the design and layout of the fencing shall first be approved in writing by the ARC prior to installation to ensure harmony with the exterior
encing no higher than six feet (6’) is acceptable; however, the design and layout of the fencing shall first be approved in writing by the ARC prior to installation to ensure harmony with the exterior of the residence and neighboring properties. Whenever possible, any such fencing should contain columns which match the exterior masonry of the residence.
Any security fencing shall not block pedestrian access to rights-of-way and/or sidewalks.
All fencing shall be in compliance with all city and/or county ordinances and engineering guidelines in regard to roadway sight line requirements, structure, easements, etc.
All fencing shall be kept in good condition and repair at all times, so as not to detract from the overall appearance of the property.
The guidelines are effective upon recordation in the Public Records of Montgomery County, and supersede any guidelines for the security measures outlined herein which may have previously been in effect. Except as affected by Section 202.023 and/or by these guidelines, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Board on this ? hy of haut 2021.
CROCKETT TRACE HOMEOWNERS ASSOCIATION, INC.
Doc #: 2021115239 Pages 11 E-FILED FOR RECORD 08/20/2021 08:21AM Mah. Imbel’ COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS, COUNTY OF MONTGOMERY | hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
08/20/2021 i] County Clerk ii Montgomery County, Texas