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Hearings Procedure 0001 1

Crown Colony Improvement Association, Inc. · 5 pages
Pages 1–2

Doc-463228 RKEK Angelina County Texas Amy Fincher County Clerk SS Document Number: 2025-463228 Recorded As : EREC-RECORDINGS Recorded On: October 03, 2025 Recorded At: 04:02:14 pm Number of Pages: 5 Recording Fee: $37.00 Parties: Direct- CROWN COLONY IMPROVEMENT ASSOC a Indirect- CROWN COLONY IMPROVEMENT ASSOC Receipt Number: 439886 Processed By: Maria Solis Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of cotor or race is invalid and unenforceable under federal law.

wa | hereby certify that this instrument was FILED on the date and one Cops at the time stamped hereon by me and was duly RECORDED in ae NTY fo sven oN the Official Public Records of Angelina County, Texas.

Oe TY 3 %, Ng Sane é "nae caV ol Amy Fincher, County Clerk, Angelina County Texas Herrmann Doc-463228 Crown Colony Improvement Association TEXAS PROPERTY CODE CHAPTER 209 HEARINGS PROCEDURE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF ANGELINA § vpportunities for property owners to have a hearing before the Board of Directors of their property owners’ assaciation to appeal, discuss and verify facts and resolve matters in issuc, and WHEREAS Crown Colony Improvement Association (“Association”) is the property owners’ assuciation charged with auminstering and enforcing thuse certain covenants, conditiuns and restrictions contained in the recorded Declarations for the various sections of the subdivision (referred to collectively as

ged with auminstering and enforcing thuse certain covenants, conditiuns and restrictions contained in the recorded Declarations for the various sections of the subdivision (referred to collectively as “Declaration”) as listed in the most recent management certificate for the Association filed in the official public records of Angelina County: and WHEREAS, the Board of Directors (“Board”) of the Association desires tu create clear guidelines in compliance with the Code to assist property owners in understanding the steps to initiate a hearing and hearing process that will follow.

NOW, THEREFORE, the Board has duly adopted this Teves Property Code Chapter 209 Hearings —~ Procedure: » — Right to Hearing. A property owner js entitled to a hearing under the Cade: owner's application for the canstruction of impiovernents on their property.

* prior to the Association taking enforcement action against an owner for a curable violation: > prive to the Association filng a lawsuit against an owner other than a suit to collect a regular or special assessment of foreclose an Association's lien: * — privr ta the Associaleon charging an owner for properly damage.

«prior to the Assuciation levying a fine for a violation of the terns of any dedicatory instrument of the Assuciation: of ° prior fo the Association suspending an owner's fight to use a common area.

Hearings under this section do not apply if the Association files a lawsuit seeking a temporary restraining order or temporary injunctive relicf or files a lawsuit that includes foreclusure as a cause of action.

Hearings under this section do not apply to a temporary suspension of an owner's right to use

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ng order or temporary injunctive relicf or files a lawsuit that includes foreclusure as a cause of action.

Hearings under this section do not apply to a temporary suspension of an owner's right to use common areas if the temporary suspenston ts the result of a vinlation that occurred in a common i Crown Colony lprovement Association Powe fof Texas Property Code Chapter XIV Heurings Provedure Doc-463228 asea and imsolved a significant and immediate rsh of harm to others in the subdivision The temporary suspension is effective until the Board makes a final determination on the suspension action after following the procedures prescribed by this section.

. Notice for ARA Disapproval. In the case of an ARA disapproval, written notice must be given ta the owner by certified mail, hand delivery or electronic delivery. The notice must: * — describe the basis fur the denial in reasonable detail and recommend changes. if any. to the application or improvements required as » condition to approval: and ° advise that the owner may request a hearing on or before the 30th day after the date the disapproval notice was inailed of delivered ta the owner.

° Notice Prior to Enforcement Action, In all other cases where the owner has 3 right fo a hearing, prior to any such enforcement action, nutice must be given to the owner by certified or veritied mail describing the vielation or property damage that is the basis for the enforcement action Such notice must: * provide # reasonable cure period with a specific date to cure the violation if the vivlation is of acurable nature and dues not pose a threat to the public health or safety; ¢ — inform the owner that they may have special rights or relief under federal law including the

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ation if the vivlation is of acurable nature and dues not pose a threat to the public health or safety; ¢ — inform the owner that they may have special rights or relief under federal law including the Servicemembers Civil Relief Act (30 U.S.C, App. Section 307 et sey). sf the owner is serving on active military duty: and ° advise that the owner may tequest a hearing on or before the 30" day after the notice was mailed to the owner, Ifthe awner has previously been given tutice under his section within the fast six (6) months and the opportunity to exercise any rights available under this section, no further notice ts required For purposes of this section, a violation is considered a threat tv the public health ur safety if the violation could materially affect the physical health or safety of an ordinary resident.

For purposes of this section, a violation is considered uncurable if the violation has occurred but is nat a continuous action or a condition capable of bemg remedied by alfirmative action. For purposes of this section. the non-repetition of a one-time violation or other vivlation that is not ongoing és not considered an adequate remedy.

By way of example, the tallowing acts are constdered uncurable: © shooting fireworks: - anact constituting a threat to health or satcty, * andise violation that is not ongoing: * damage fu property owned of maintained by the association; and * holding a garage sale or other event prahibited by a dedicatory instrument.

gL aE TCE EE EE Crown Catony Improvement Association Page J afd Texas Property Code Chupter 209 Hearings Procedure Joc-463228 By way of craniply, the following acts are considered curable: ° sparking violation: ® a maintenance violation:

ent Association Page J afd Texas Property Code Chupter 209 Hearings Procedure Joc-463228 By way of craniply, the following acts are considered curable: ° sparking violation: ® a maintenance violation: the failure to construct impravements or madilications in accordance with approved plans and specifications: and * an ongoing noise violatian such as a barking dog.

Request a Hearing. To request a hearing. an owner must make a written request which specifies the matter for which the hearing is requested. The request must include a description of the issuc> in dispute, the basis for dispute and the owner's desired outcome from the hearing. Such request must be mailed, hand-delivered or clectroncally delivered te the Associatian’s address as shown on the most recently filed management certificate, Because the hearing Meps begin upon receipt of such request by the Association, the owner should verity receipt by Association if no respense is received within a reasonable timeframe.

Hearing Date. Hearings must be held not later than the 30th day alter the date the Association receives the owner's request for a hearing. However, the Association ur the owner may request a postponement which shall be granted fur a period of not more than ten (10) days. Additional postponements may be granted by agreement of buth parties.

Not tater than the 10th day before the date of the hearing. the Association must notif\ the owner in writing of the date, time, and place of the hearing. in addition, not laler than the 10th day betore the date of the healing, the Association must provide the awner a packet containing all documents.

photographs and cammunications relating to the matter that the Association intends to introduce

etore the date of the healing, the Association must provide the awner a packet containing all documents.

photographs and cammunications relating to the matter that the Association intends to introduce at the hearing Such notice and packet may be provided by mail, hand delivery or electronic delivery.

As provided under Code section 209.051, all hearings will be held with the Board at a duly called meeting where notice is provided to the members. All hearings will be held in closed executive Session.

Attendance at Hearing. On behalf of the Assuviation, the Buard. their designated representative, and if related to an ARA disapproval and if invited by the Board. a representative of the ARA may attend the hearing, On behal! of the owner, the owner andor the owner's designated representative may attend the hearing.

If the owner desires to be represented by their attorney at the hearing. the owner must notify the Association in writing at least ten (10) days in advance so the Association's attorney may also be present. Each party must pay their own legal fees relating to their respective attorney ’s preparation.

atiendance and immediate follow-up tv the hearing.

If the owner is not able to attend the hearing but will send a representative, the owner nvust inform the Assiciation of the name af the person who has authority to be their designated representative at the hearing pnor te the start of the Board mecting in which the hearing will be held. If such advance notice is not possible then the designated representative may provide written evidence that they have authority to represent the owner at the hearing.

If the owner or their designated representative docs not attend the hearing ss scheduled. then the

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entative may provide written evidence that they have authority to represent the owner at the hearing.

If the owner or their designated representative docs not attend the hearing ss scheduled. then the Association will have satistied its obligation under the Code to offer a hearing to the awner, nnn Crown Colony improvement A ssexdion Page 3 of 4 Texas Property Cody Chapter 209 Hearings Prey eda Doc-463228 * During the Hearing. Ihe Association may set a reasonable duration for the hearing. During a hearing, a member of the Board or the Assuciation’s designated representative shall first present the Association's case against the owner An owner of the awner’s designated Tepresentative is entitled to present the owner's information and issues relevant to the appeal or dispute.

The Board may ask clarity ing questions of the owner ar their designated representative to better understand ihe owner's position or request.

Either party may make an audio recording of the hearing by announcing that an audio recording is being made. The recording device should be placed in a position such that all vaices can he heard and recorded.

* After the Hearing. After the hearing is concluded. the owner and their designated representative will leave the hearing so the Board may continue their executive sessivit to discuss and consider the information presented, If needed. the Board may take any action authorized under the Association's dedicatory instruments or the Code. Any such decisions shall be made after returning to the open portion of the Board mecting and exercising appropriate discretion with regard to confidential information, Normally within ten (10) days after the hearing. the Association will provide the owner with a

rtion of the Board mecting and exercising appropriate discretion with regard to confidential information, Normally within ten (10) days after the hearing. the Association will provide the owner with a written natice with their decasion, if any, regarding the matter of the hearing.

This pracedure is efective upan recordation in the Public Records of Angelina County and supersedes any devas Property Cody Chapter 209 Hearings Procedure which may have previously been in effect. Except as affected by Texas Property Cade Chapter 209 andor by this procedure, al] other provisions contained in the Declaration or any other dedicatory instruments of the Association remain in full force and effect.

Approved and adopted by the Board on this,3 Pd day ofbttoper 2025.

Crown Colony Improvement Association STATE OF TEXAS ; oe ALE G phon } .

§ § COUNTY OF ANGELINA § BEFORE ME, the undersigned notary public. on this 2% aw of Moher’. 2025 personally appeared Joyce Johnson, President of Crawn Colony Improvement Association, known ta me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same was exccuted for the purpose and in the capacity thercin expressed. f . | “ After recording, please return to: Hanszen Laporte 14203 Memorial Dr Houston, TX 77079 Craven Colony lprovement Association Puge tof Tesas Property Code Chupter 208 Hearings Prowedire