L(, uil!ruuuullruullluil[lrll CORPORATE CERTIFICATE Dnr LaCO ESrarnS PnOprnry OwwrnS ASSocrarrox The undersigned certifies that he/she is the President of Del Lago Estates Property Owners Association (the "Association'). The Association is the properfy owners' association for del Lago Estates, a subdivision in Montgomery County, Texas, according to the map or plat thereof recorded in the Map Records of Montgomery county, Texas (the "subdivision").
The Association is a Texas non-profit corporation, and a true and correct copy ofthe Records production Policy of Del Lago Estates Property Owners Association is attached to this certificate as Exhibit "A."
Signed thisBL day of August,2072, DEL LAGO ESTATES PROPERTY OWNENS ASSOCIATION STATE OF TEXAS coLrNTY OF MONTGOMERY $ G..\' Guzzo, president of Dpr LAGo ESTATES PROPERTY OWNERS ASSOCtertoN, a Texas non-profit corporation, on behalf of said corporation.By: cHERYI- $QEIT€E.
Notary.Pkflr( .., srArE oF fEx4b, , MlConnr E\p 03 Corporate Certif-20 t 2-Records Production Policy.wpdPage 1 of 2 THE STATE OF TEXAS COUNTYoFMONTGOMERY $ AFTER T{ECORDTNG RETI]RN TO: Bryan P. Fowler Ths Fowlerlaw Firm 300 West Davis, Suite 510 Coflroe, Texa$ 77!AL* My Coum. ErP 0S'17-2014 Corporatg Celtif-z012-Records Production Policy-wpd P*eZof 2 RECORDS PRODUCTION POLICY OF DEL LAGO ESTATES PROPERTY OWNERS ASSOCIATION WIIERBAS, the property affected by this Records Production Policy is subject to certain dedications, covenants and restrictions (the "Declaration") as set out in instruments recorded in the official Public Records of Real Property at Montgomery county, Texas; and WHEREAS, pursuant to the authority vested in Dei Lago Estates Property Owners
tion") as set out in instruments recorded in the official Public Records of Real Property at Montgomery county, Texas; and WHEREAS, pursuant to the authority vested in Dei Lago Estates Property Owners Association (the "Association") in the Declaration and as required by the TEXAS Pnopgnry CooE, the Board of Directors of the Association (the "Board") hereby promulgates the following Records Production Policy; and WHEREAS, the Association keeps books and records of account and Minutes of the proceedings of its members and Board of Directors; and WHEREAS, the Board desires to set the procedure for owners, during reasonable business hours, to inspect, and/or copy the books and records of the Association; and WHBR-EAS, it is desirable to impose certain reasonable restrictions to maintain control and minimize the disruption of normal business.
NOW, THEREFORE, BB IT RESOLVED that the following requirements are hereby established for the inspection and/or copying of the records of the Association: 1. Association Records shall be reasonably avaiiable to every owner. An owner may also provide access to Records to any other person (such as an attorney, CPA or agent) they designate in writing as their proxy for this purpose. To ensure a written proxy is actually from the owner, the owner must include a copy of hisiher photo ID or have the proxy notarized.
Z. An owner, or their proxy as described in section 1, must submit a written request for access to or copies of Records' The letter must: a. be sent by certified mail to the Association's address as reflected in its most recent Management Certificate filed in the County public records; and b. contain sufficient detail to identifli the specific Records being requested; and
Association's address as reflected in its most recent Management Certificate filed in the County public records; and b. contain sufficient detail to identifli the specific Records being requested; and c. indicate whether the owner or proxy would like to inspect the Records before possibly obtaining copies or if the specified Records should be forwarded.
If forwarded, tne letter must indicate the format, delivery method and address: Del Iago Estates Property Owners Association Records Production Policy-20 12.wpd EXHIBIT .o 0E tt A tls //{Page 1 of 4 (1) format: electronic files, compact disk or papff copies (2) delivery method:email, certified mail or pick-up 3. Within ten (10) business days of receipt of the request specified in section 2 above, the Association shall Provide: a. the requested Records, ifcopies were requested and any required advance payment had been made; or b. a written notice that the Records are available and offer dates and times when the Records may be inspected by the owner or their ploxy during normal business hours at the office of the Association; or c. a written notice that the requested Records are available for delivery once a payment of the cost to produce the records is made and stating the cost thereof; or d. a written notice that a request for delivery does not contain sufficient information to speciff the Records desired, the format, the delivery method and the delivery address; or e. a written notice that the requested Records cannot be produced within ten (10) business days but will be available within fifteen (15) additional business days from the date of the notice and payment of the cost to produce the records is made and stating the cost thereof'
n (10) business days but will be available within fifteen (15) additional business days from the date of the notice and payment of the cost to produce the records is made and stating the cost thereof' 4. The following Association Records are not available for inspection by owners or their proxies: a- the financial records associated with an individual owner; and b. deed restriction violation details for an individual owner; and c. personal information, including contact information otherthan anaddress for an individual owner; and d. attorney files and records in the possession of the attorney; and e. attorney-Del Lago Estates Property Owners Association privileged information in the possession of the Association' The information in a, b and c above will be released if the Association receives express written approval from the owner whose records are the subject of the request for inspection' 5. Association Records may be maintained in paper format or in an electronic format' If a request is made to inspeci Records and certain Records are maintained in electronic format, the owner or their pro^y will be given access to equipment to view the electronic records' Del ligo Estates Property Owners Assoclatron Records Production Policy-2012.wpdPage2 of 4 6.
7.Association shall not be required to transfer such electronic records to paper format unless the owner or their proxy agrees to pay the cost of producing such copies.
If an owner or their proxy inspecting Records requests copies of certain Records during the inspection, Associaiion shall provide them promptly, if possible, but no later than ten (i0) business days after the inspection or payment of costs, whichever is later' The owner is responsible for all costs associated with a request under this Policy, including
le, but no later than ten (i0) business days after the inspection or payment of costs, whichever is later' The owner is responsible for all costs associated with a request under this Policy, including but not limited to copies, postage, supplies, labor, overhead and third party fees (such as archive document retrieval fees from off-site storage locations) as listed below: black and white 8%"x11" single sided copies . . . $0' 10 each black and white B%"x11" double sided copies ' ' $0'20 each c. color 8%"x11" single sided copies $0'50 each d. color 8%"x11" double sided copies ' ' ' ' ' $1'00 each e.
f.PDF images of documents. . . . . $0.10 per page compact disk. . " $1'00 each labor and overhead. ' $18'00 perhoura.
b.
b.
h.
i.mailing supplies..
postage.
other supplies.$1.00 per mailing j k.at cost at cost at cost 8, 9.
10.
11.third parry fees.
Any costs associated with a Records request must be paid in advance of delivery by the owner or their proxy. An owner who makes a request for Records and subsequently declines to accept delivery will be liable for payment of all costs under this Policy.
On a case-by-case basis, in the absolute discretion of the Association, and with concurrence of the owner, the Association may agree to invoice the cost of the Records request to the owner' s account. Owner agrees to pay the total amount invoiced within thirty (3 0) days after the date a statement is mailed to the Owner Any unpaid balance will accrue interest as an assessment as allowed under the Declarations' On a case-by-case basis where an owner request for Records is deemed to be minimal, the Association or its managing agent reserves the right to waive notice under section 2 andlor fees under section 7.
n a case-by-case basis where an owner request for Records is deemed to be minimal, the Association or its managing agent reserves the right to waive notice under section 2 andlor fees under section 7.
A1l costs associated with fulfilling the request under this Policy will be paid by the Association's Managing Agent. Ai fees paid to the Association under this Policy will be Del Lago Estates Properry Owners Association Records Production Policy-20l2.wpdPage 3 of 4 reimbursed tc the Association's lvlanaging Agent or paid directly to the Association's Managing Agena.
This iq tgpertifr that the foregoing Poliry was adoptedby the Board of Directors, effectivo as of Augus tW 201?, uttlsuch date as it may be modifie4 rescinded or revoked.
The Boafd of Directors hereby appfovss and authorizes the above Policy' DEL LAGO ESTAMS I'ROPERTY OWNERS ASSOCIATION Del ta.go Eshtes ProperlI Owners Associaticn Rectrds Pro{&tion Policy-20 l2.tpdPage4of 4 Doc# 2012079446 FILED FOR RECORD 0812A12012 11:30AM74t.w COUNTY CLERK MONTGOMERY C OUNTY. TEXAS STATE OF TEXAS COUNTY OF MONTGOMERY I hereby certify this instrument was filed in file number sequence on the date and at the time stamped herein ny me and was duly RECORDED in the Official Public Records of Montgomery County, Texas' 08t20120'12 ffirz"#*ffi