2023 - 2023000585 01/24/2023 08:44 AM Page 1 of 6 3s NG AND TOWING POLICY See $ DANCRG EAR PROPERTY OWNERS’ ASSOCIATION, INC. &w ~Y YS THESTATE exes § > YS § Ss couNTTREaE BANDERA AND MEDINA § ce Property Owners’ ation, Inc. (the “ Association”), certify that at a meeting of d of Directors of the ociation (the “Board”) duly noticed, and held on the |Jday of 2023, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Parking and Towing Policy (this “Policy”) was approved by not less than a majority of the Board members in attendance.
we OD. Cael © Secretary of Dancing WHEREAS, the property encumbered by this Policy is that property located in the Dancing Bear subdivision (the “Subdivision”) and comprised of multiple sections in Bandera County, Texas and Medina County, Texas and any other property which has been or may be made subject to the authority of og Association: and WHEREAS, Article 1G ection 8.10, of the Amended and Restated Declaration oS Covenants, Conditions an strictions Dancing Bear Subdivision (the “Declaration”) recor, in Volume 567, Page 5 e Official Public Records of Real Property of Medina County ,é grants authority to ssociation to adopt, amend, repeal and enforce rules and reg ors, fines, levies and ment provisions, as deemed necessary or desirable with re to the interpretation plementation of the Declaration, the use and enjoyment of C nn Areas, and the use y other property, facilities or Improvements owned or ed by the Associati d AN - QPHEREAS, the Bylaws further permit the Board to improve, a maintain, manage ‘erate the Common Properties and Common Facilities; WHEREAS, the Common Area roads within the subdivisi are private and owned by the Association; and
er permit the Board to improve, a maintain, manage ‘erate the Common Properties and Common Facilities; WHEREAS, the Common Area roads within the subdivisi are private and owned by the Association; and WHEREAS, the Board has determined that it is in the best interest of the Association to establish rules and regulations governing use of the private Common Area roads within the Subdivision including towing as allowed and in compliance with Chapter 2308 of the Texas Occupations Code (or its successor statute).
Policy, which shall run with NOW, THEREFORE, BE SS ar bin THAT the Association does hereby adopt this Policy replaces and “ee rior policies relating to parking and towing their entirety: > . & & I PARKING & 11 conse Parking Rules. The following rules (“Parking Rules”) a S all vehicles parked the Subdivision. < Parking an ing Policy - Dancing Bear Property Owners’ Association, Inc. S Page 1 of 5 ee RS ee we ss d and be binding on all Owners within the Subdivision. Thisg 2023 - 2023000585 01/24/2023 08:44 AM Page 2 of 6 (1) “Parked” as EP this Policy shall be defined as a vehicle left unattended SO bya license@dperator for more than thirty (30) consecutive minutes. ‘ Xa \ (2) “inope vehicle” as used in this Policy shall be defined as a verigh™ not operable in fact or which is not licensed and inspect eas ie ed for operation on the streets of Texas. x\ (3 Siro inoperable vehicle may be parked on any lot or in the stgegh front of any lot or in any Common Area for more than 72 hours u eS ronto se designated or approved by the Association’s Board of eS rs (“Board”).
ry (4) No commercial vehicles, trailers and other equipme s be parked so as to be visible from any street.
(5) No camper, trailer, recreational vehicle, motor home, boat either on or off
rs (“Board”).
ry (4) No commercial vehicles, trailers and other equipme s be parked so as to be visible from any street.
(5) No camper, trailer, recreational vehicle, motor home, boat either on or off a trailer (except at boat docks), commercial trailer, or truck exceeding two (2) axles may be parked on any lot so as to be visible from the street or in the street in front of any lot or in any Common Area for more than 72 hours unless otherwise designated or approved by the Board.
(6) No tractor or trucky weighing in excess of one (1) ton, may be parked on Ss any lot or in thegeeet in front of any common area unless designated or ok approved by, d.
S Ss “\ & (8) N Se shall be parked anywhere on any lot except the ee Re e or approved parking pad.
(7) No verjggSa be used as a residence on the Subdivision at any time.
(9) go vehicle shall be parked in a manner that obstructs access ogo ~ ingress to or egress from a driveway or the Common oe we 10 No vehicle shall be parked in a manner that obstructs airs access to g P S a mail box or the delivery of mail by the U.S. Postal (11) No vehicle may be parked in a driveway if any portion of the vehicle extends into the street or creates an obstruction.
(12) Storage of vehicles, equipment, boats and other watercraft, trailers, stored vehicles or inoperable vehicles in Common Area or areas designated as visitor parking is prohibited. For purposes of this section (11), any vehicle or equipment is considered “parked for storage” if it is parked for more than two (2) consecytive days without it being driven and used on a public street or thorougage se (13) No repair wa dismantling or assembling of motor vehicles or any other . > machin equipment shall be permitted in the Common Area. ee
t it being driven and used on a public street or thorougage se (13) No repair wa dismantling or assembling of motor vehicles or any other . > machin equipment shall be permitted in the Common Area. ee (14) No Bie that transports dangerous, flammable, hazardous, corrosiv & SS Parking an ing Policy ~- Dancing Bear Property Owners’ Association, Inc. Page 2 of 5 o> ss gs gs \S we 2023 - 2023000585 01/24/2023 08:44 AM Page 3 of 6 S s 1.2 Parking Pe . The Board has the discretion to issue parking permits for EP resident vehicles in the S ision. PX Ss ati cotati Ae 1.3 Fines, ine may be levied by the Association for any violation of this R in accordance with ta WMssociation’s Fine and Enforcement Policy. we SS SS s Il TOWING RS ge event of a violation of the above-referenced Parking Rules, th&Sssociation hereby has thority, but not the obligation, to tow vehicles in accordane@ with the following req ents. Sy SX @ 2.1 The Texas Occupations Code, or successor statute,Y"”Code”) provides specific guidelines that the Association must follow to tow vehicles parked within the streets and parking areas in violation of the above-referenced Parking Rules. Pursuant to Sections 2308.252(a)(4) & 2308.251 of the Code, the Association may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense if the vehicle: (a) is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility; (b) prevents a vehicle from exiting a parking space in the facility; (c) is in or obstructs lane marked according to Subsection (c) of the Code; or 3
fic aisle, entry, or exit of the parking facility; (b) prevents a vehicle from exiting a parking space in the facility; (c) is in or obstructs lane marked according to Subsection (c) of the Code; or 3 (d) does not dis the special license plates issued under Section 504.2010 9 Transportatigh Code, or the disabled parking placard issued under Chapter & Transpo, m Code, for a vehicle transporting a disabled person and j a parki ace that is designated for the exclusive use of a vehicle trans ga dis, person.
(e) oe r obstructing a portion of a paved driveway or abutting public satay used $ entering or exiting the facility. Ss 59 Other than under the above-referenced circumstances, befor GP Association may thorized vehicle at the expense of the owner or operator, e vehicle, Section (a)(1) of the Code requires that a sign or signs prohibiting Mhorized vehicles be in for at least the preceding twenty-four (24) consecutive hours main in place at the time of the towing. The specific requirements for the necessary signage may be found at Section 2308.301-305 of the Code.
2.3 If the Association does not choose to place the aforementioned towing signs, pursuant to Section 2308.252(a)(2) it may tow the vehicle if the owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space.
2.4 In addition, if the Association is unable to effect actual notice to the violating owner or operator, it may use tice procedure under Section 2308.252(a)(3) of the Code, as @ follows: SS © RN a (a) A parki cility owner is considered to have given notice under Segien 2308.259f8)(3) of the Code if: “ S SS s s s
se tice procedure under Section 2308.252(a)(3) of the Code, as @ follows: SS © RN a (a) A parki cility owner is considered to have given notice under Segien 2308.259f8)(3) of the Code if: “ S SS s s s Parking ~ ing Policy - Dancing Bear Property Owners’ Association, Inc. Page 3 of 5 2023 - 2023000585 01/24/2023 08:44 AM Page 4 of 6 (1) a cones notice has been attached to the vehicle's front windshield if icle has no front windshield, to a conspicuous part of the vehi HOE eC s s we A) _ that the vehicle is in a parking space in which the vag? is not \ authorized to be parked; © (B) a description of all other unauthorized areas in the g facility; Se (Cc) that the vehicle will be towed at the expens the owner or SS operator of the vehicle if it remains in an unauthorizedgtea of the parking . @ facility; and . S$ » (D) a telephone number that is answered 24 RY rs a day to enable the we owner or operator of the vehicle to locate the gQPicle; and (2) a notice is mailed after the notice is attached to the vehicle as provided by Subsection (1), above, to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that state.
(c) The notice under Section 2.4(a), above, must: ss (1) state eRe vehicle is in a space in which the vehicle is not authorized tae Park WO (2) d e all other unauthorized areas in the parking facility; “Oy (3) tain a warning that the unauthorized vehicle will be towe the Pexpense of the owner or operator of the vehicle if it is not re from S the parking facility before the 15th day after the postmar DS e of the x\ notice; and wo
e unauthorized vehicle will be towe the Pexpense of the owner or operator of the vehicle if it is not re from S the parking facility before the 15th day after the postmar DS e of the x\ notice; and wo ) state a telephone number that is answered 24 hours a to enable the ce owner or operator to locate the vehicle. SS sh The mailing of a notice under Section 2.4(a)(2) is not reqaied if after the notice is Q; attached under Section 2.4(a)(1) the owner or opera the vehicle leaves the ss vehicle in another location where parking is orized for the vehicle according to the notice.
III. MISCELLANEOUS 3.1 Violations of this Policy will be considered a violation of the dedicatory instruments governing Dancing Bear, but may be enforced only by the Association, acting through the Board. The Board may enforce this Policy in accordance with the remedies contained herein; however, these remedies shall not be exclusive. The Association shall also have all other remedies available at law or in Ww 3.2 Failure to eng e any violation of this Policy by the Board shall not constitug© waiver of the right to enfor> y future violations. oe & § SS SS Parking and Te ‘olicy - Dancing Bear Property Owners’ Association, Inc. ys Page 4 of 5 9 cs © .
er RNa SS S ww ww & 2023 - 2023000585 01/24/2023 08:44 AM Page 5 of 6 I hereby certify Parking and CERTIFICATE OF SECRETARY at, as Secretary of Dancing Bear Property Owners' Association, In this County mofficial was approved on the 17 day of January of the Board of Directors at which a quorum was present.
Medina IN 2023.
PNESS WHEREOF, I have hereunto subscribed my name this By: Name: 2023, at C.D. CANana County Unofficial Copy Its: Secretary STATE OF TEXAS S S COUNTY OF Bexar S day of BEFORE ME, on this day personally appeared DCastle
ave hereunto subscribed my name this By: Name: 2023, at C.D. CANana County Unofficial Copy Its: Secretary STATE OF TEXAS S S COUNTY OF Bexar S day of BEFORE ME, on this day personally appeared DCastle Dancing Bear Property Owners'Association, subscribed to this instrumene so the Secretary of Essociation, Inc. known by me to be the person whose name is purposes herein expresse corporation.
d acknowledged to me that he/she executed the same for the in the capacity herein stated, and as the act and deed of County Unofficial Cop Medina C 2023.
Given un my hand and seal of office, this 9 day of CYNTHIA DIANNE STRICKLAND OTARY PUB Notary Public, State of Texas Comm. Expires 08-27-2025 Notary ID 124870069 Medina County Unofficial Copy of Tect al Notary Public - State of Te Medina County Unofficial Copy Parking an Towing Policy - Dancing Bear Property Owners' Association, Inc.
Medina County Unofficial Copy Page 5 of 5 2023-2023000585 01/24/2023 8:44 AM Page 6 of 6 Medina County Gina Champion Medina County Clerk ss mate Gdinves 2023000585 ing - Real Property Ss Recorded On: January 24, 2023 0 Number of Pages: 6 aS “ Examined and Charged as Follows: " Total Recording: $4 W srexeeeeeet THIS PAGE IS PART OF THE INS NT *tteeeeenee Any provision herein which restricts the Sale, Rental or u described REAL PROPERTY because of color or race is invalid and unenfc e under federal law.
> File Information: ‘ oe Record and Return To: Document Number: 2023000585 wy csc Receipt Number: 20230123000043 Recorded Date/Time: January 24, 2023 ona User: Santiago E x\ Station: COMARRIAGE ASS STATE OF T' MEDINA Ther rs ify that this Instrument was FILED In the File Number sequence on the date/time py ereon, and was duly RECORDED in the Official Records of Medina County, Texas.
BN ranpon " . W
TE OF T' MEDINA Ther rs ify that this Instrument was FILED In the File Number sequence on the date/time py ereon, and was duly RECORDED in the Official Records of Medina County, Texas.
BN ranpon " . W dina County Clerk Medina County, TX