Recorded On: December 27, 2024 11:48 AM Total Recording: $125.00 Denton County Juli Luke County Clerk Instrument Number: 140181 ERecordings-RP NOTICE Number of Pages: 26 " Examined and Charged as Follows: " Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: DENTON COUNTY 1846 * TEXAS 140181 20241227000226 December 27, 2024 11:48 AM Debbie D Station 22 Record and Return To: Corporation Service Company STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke County Clerk Denton County, TX NOTICE OF DEDICATORY INSTRUMENTS for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON cos cos cas The undersigned, being the authorized representative of Diamond Point Estates Homeowners' Association, Inc. (the "Association"), a property owners' association as defined in Section 202.001 of the Texas Property Code hereby certifies as follows: 1.
2.
Property: The Property to which the Notice applies is described as follows: a.
Diamond Point Estates, a subdivision in Denton County, Texas according to the map or plat thereof recorded under File No. 2014-34 of the Plat Records of Denton County, Texas and all amendments to or replats of said maps and plats, if any.
Restrictive Covenants: The description of the documents imposing restrictive covenants on the Property, the amendments to such documents, and the recording
o or replats of said maps and plats, if any.
Restrictive Covenants: The description of the documents imposing restrictive covenants on the Property, the amendments to such documents, and the recording information for such documents are as follows. This recitation may not include further restrictive covenant documents, amendments and supplements governing the Property: a.
Documents: Declaration of Covenants, Conditions and Restrictions for the Diamond Point Estates Addition.
(1) (2) First Amendment to Declaration of Covenants, Conditions and Restrictions for the Diamond Point Estates Addition.
b.
Recording Information: 3.
(1) Denton County Clerk's File No. 23940.
(2) Denton County Clerk's File No. 75198.
Other Dedicatory Instruments: In addition to the Restrictive Covenants identified in Paragraph 2 above, the following documents are Dedicatory Instruments governing the Association which were previously recorded in the Official Public Records of Real Property of Denton County, Texas: a.
Document: (1) Certificate of Formation of Diamond Point Estates Homeowners' Association, Inc.
Notice of Dedicatory Instruments for Diamond Point Estates Homeowners' Association, Inc.
Page 1 of 3 4.
b.
(2) Bylaws of Diamond Point Estates Homeowners' Association, Inc.
Recording Information: 32 (1) (2) Denton County Clerk's File No. 2016-5344.
Denton County Clerk's File No. 2016-5345.
Dedicatory Instruments: In addition to the Dedicatory Instruments identified in Paragraphs 2 and 3 above, the following documents are Dedicatory Instruments governing the Association: Records Retention Policy for Diamond Point Estates Homeowners' Association, Inc.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
he Association: Records Retention Policy for Diamond Point Estates Homeowners' Association, Inc.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
Collection and Payment Plan Policy for Diamond Point Estates Homeowners' Association, Inc.
Open Records Policy for Diamond Point Estates Homeowners' Association, Inc.
True and correct copies of such Dedicatory Instruments are attached to this Notice.
This Notice is being recorded in the Official Public Records of Real Property of Denton County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code.
Executed on this the 27th day of December, 2024.
By: DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
Supra S Bojd Sipra S. Boyd, authorized representative Notice of Dedicatory Instruments for Diamond Point Estates Homeowners' Association, Inc.
Page 2 of 3 THE STATE OF TEXAS COUNTY OF HARRIS cos cos cas BEFORE ME, the undersigned notary public, on this 27th day of December, 2024, personally appeared Sipra S. Boyd, authorized representative of Diamond Point Estates Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and in the capacity therein expressed.
Notary Public in and for the State of Texas SUSAN B. KRYGER NOTARY ID #12401843-7 My Commission Expires October 31, 2025 Notice of Dedicatory Instruments for Diamond Point Estates Homeowners' Association, Inc.
Page 3 of 3 RECORDS RETENTION POLICY for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON § cos cos cas § I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc.
POLICY for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON § cos cos cas § I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc.
(the "Association"), do hereby certify that in the open session of a properly noticed meeting of the Board of Directors of the Association (the "Board") duly called and held on the 2nd day of December, 2024, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Records Retention Policy was duly approved by a majority vote of the members of the Board: 1.
RECITALS: Chapter 209 of the Texas Property Code was amended to add Section 209.005(m) requiring property owners' associations to adopt a records retention policy and to set forth minimum retention periods for particular types of documents.
2. The Board of Directors of the Association desires to adopt a records retention policy consistent with the new law.
POLICY: It is the policy of the Association to retain the records of the Association listed below for the periods of time set forth below. Provided, however, at the option of the Board of Directors, documents may be retained for a longer period of time. The Association is not required to retain any other records. As used herein, "records" means documents originated or obtained by the Association in connection with its operations, whether a paper document or a document in electronic form. To the extent that the Association does not currently have copies of Association records for the time periods described in this policy, this policy shall only be applicable to Association records created after the date this policy is adopted.
1.
Retention Periods.
Record Description
cords for the time periods described in this policy, this policy shall only be applicable to Association records created after the date this policy is adopted.
1.
Retention Periods.
Record Description a) Financial records (including budgets, financial reports, bank records, and paid invoices) b) Account records (including records relating to assessments and other sums owed and paid to the Association and records relating to violations of any dedicatory instrument of the Record Retention Period Seven (7) years Five (5) years Records Retention Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 1 of 3 Association) of current owners c) Account records (including records relating to assessments and other sums owed and paid to the Association and records relating to violations of any dedicatory instrument of the Association) of former owners d) Contracts e) Minutes of meetings of the Board of Directors One (1) year after the former owner ceases to own a lot in the subdivision Four (4) years after expiration or termination of the contract Seven (7) years f) Minutes of meetings of the members Seven (7) years Seven (7) years g) Federal tax returns Seven (7) years h) State tax returns, if any i) Audit reports j) Certificate of Formation and Bylaws of the Association and all amendments; Declaration of Covenants, Conditions and Restrictions for each section within the subdivision and all amendments and supplements to each Declaration; annexation documents; and deeds conveying real property to the Association k) Other dedicatory instruments of the Association not listed in (j), above, including, without Architectural Guidelines, Seven (7) years Permanently One (1) year after the date the document is rescinded limitation, document Rules and or superseded by another
ed in (j), above, including, without Architectural Guidelines, Seven (7) years Permanently One (1) year after the date the document is rescinded limitation, document Rules and or superseded by another Regulations and Policies 1) Minutes and reports of committees m) Insurance policies n) Insurance claims and related documents o) Personnel records, excluding payroll records p) Payroll records q) Reserve study r) Legal opinions issued by counsel for the Association Seven (7) years Four (4) years after expiration or termination of the policy Four (4) years after the claim is resolved Permanently Five (5) years after the date of termination of employment For the period of time covered by the study, plus two (2) years Permanently Records Retention Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 2 of 3 s) Suit files Seven (7) years after the date the suit is resolved 2. Destruction of Documents.
The documents listed in Section 1, above, will be destroyed as soon as practicable when the applicable retention period expires. Other documents of the Association not listed in Section 1, above, will be destroyed when deemed appropriate by the Board of Directors of the Association. Destruction of paper documents will be by shredding, bagging and trash pick-up, unless another method of destroying the documents is approved by the Board of Directors of the Association. Destruction of electronic documents will be by deletion from hard disks and reformatting of removable disks. Provided, however, immediately upon learning of an investigation or court proceeding involving an Association matter, all documents and records (both hard copy and electronic, including e-mail) related to the investigation or proceeding
learning of an investigation or court proceeding involving an Association matter, all documents and records (both hard copy and electronic, including e-mail) related to the investigation or proceeding must be preserved; this exception supersedes any established destruction schedule for the records in question to the contrary.
I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Records Retention Policy was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Denton County, Texas.
DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
дива Printed Jennifer Sparks Its: Secretary THE STATE OF TEXAS § COUNTY OF Denton § BEFORE ME, the e undersigned notary public, on this 2024 9 day of Dec Sparks, Secretary of Diamond Point Estates personally appeared Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purpose and in the capacity therein expressed.
NOTARY STATE PUBLIC OF Adam S. Haertzen Notary Public, State of Texas Comm. Expires 02/04/2028 Notary ID 133571384 Notary Public in and for the State of TexasRecords Retention Policu for Diamond Point Estates Homarmers' Association luc Page 3 of 3 GOVERNING DOCUMENTS ENFORCEMENT AND FINE POLICY for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON cos cas cas I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc. (the "Association"), certify that at a meeting of the Board of Directors of the Association (the "Board")
s cas cas I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc. (the "Association"), certify that at a meeting of the Board of Directors of the Association (the "Board") duly called and held on the 2nd day of December, 2024, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Governing Documents Enforcement and Fine Policy ("Policy") was approved by not less than a majority of the Board members in attendance.
RECITALS: 1. Article 9, Section 9.2, of the Declaration authorizes the Association to enforce all covenants, conditions and restrictions set forth in the Declaration and authorizes the Association to levy fines against an Owner for violations of the Governing Documents, subject to compliance with notice requirements imposed by law.
2. Section 209.006 of the Texas Property Code sets forth notice requirements prior to the commencement of enforcement action, including the imposition of fines.
3. The Board of Directors desires to adopt a policy relating to the enforcement of the Declaration and the other Governing Documents of the Association consistent with Section 209.006 of the Texas Property Code.
4. This Policy supersedes and replaces any previously recorded fine and enforcement policy.
WITNESSETH: It is the policy of the Association to enforce its Governing Documents (as defined herein) as provided below.
Section 1.
Definitions.
Capitalized terms used in this Policy have the following meanings: 1.1.
Declaration The Declaration of Covenants, Conditions and Restrictions for The Diamond Point Estates Addition recorded in the Official Public Records of Real Property of Denton County, Texas under Clerk's File No. 23940, as amended and
enants, Conditions and Restrictions for The Diamond Point Estates Addition recorded in the Official Public Records of Real Property of Denton County, Texas under Clerk's File No. 23940, as amended and supplemented.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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1.2.
Governing Documents Each document governing the establishment, maintenance or operation of the properties within the community, as more particularly defined in Section 202.001(1) of the Texas Property Code.
Other capitalized terms used in this Policy, but not defined herein, have the same meanings as that ascribed to them in the Declaration.
Section 2. Types of Violations. Section 209.006 of the Texas Property Code refers to curable violations, uncurable violations, and violations which are considered a threat to public health or safety. The types of violations are addressed below.
2.1.
Curable Violations - By way of example and not in limitation, the Texas Property Code lists the following as examples of curable violations: a.
a parking violation; b.
a maintenance violation; C.
d.
2.2.
the failure to construct improvements or modifications in accordance with approved plans and specifications; and an ongoing noise violation such as a barking dog.
Uncurable Violation - A violation that has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. By way of example and not in limitation, the Texas Property Code lists the following as examples of uncurable
is not a continuous action or a condition capable of being remedied by affirmative action. By way of example and not in limitation, the Texas Property Code lists the following as examples of uncurable violations: a.
an act constituting a threat to health or safety; b.
C.
d.
2.3.
discharging fireworks; a noise violation that is not ongoing; and holding a garage sale or other event prohibited by the Governing Documents.
Violation that is a Threat to Public Health or Safety – Per the Texas Property Code, a violation that could materially affect the physical health or safety of an ordinary resident.
As provided in this Policy, there are two (2) enforcement procedures to be followed depending upon whether the violation is curable and does not pose a threat to public health or safety or whether the violation is uncurable and/or poses a threat to public health or safety. If there is reasonable uncertainty as to whether a violation is curable or uncurable or a threat to public health or safety, the Board has the authority to make the determination and, therefore, to decide which enforcement procedure will be followed. Provided that, this Policy will not be construed to impose an obligation on the Board to pursue enforcement action with respect to a violation or alleged violation if the Board, in its reasonable good faith judgment, decides that enforcement action is not warranted or necessary.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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Section 3.
Hailey PC, all rights reserved. This Policy may be used only in connection with the Diamond Point Estates community and the operation of Diamond Point Estates Homeowners' Association, Inc.
Section 3.
Enforcement - Curable Violations That Do Not Pose a Threat to Public Health or Safety. If a violation is curable and does not pose a threat to public health or safety, the Owner will be given a reasonable period to cure the violation, as provided below. The time period given to an Owner may vary depending upon the violation and the difficulty involved or the effort required to cure the violation. The Board of Directors may, but is not obligated to, consider any special circumstance relating to the violation and the cost to cure the violation. The enforcement procedure for this type of violation is as follows: 3.1. Courtesy Letter (Optional) - Upon verification of a violation, a courtesy letter may be sent to the Owner describing the violation and requesting that the Owner cure the violation within a stated time period. The Association is not required to send a courtesy letter.
3.2.
Violation Letter (Optional) - After the expiration of the time set forth in the courtesy letter, if a courtesy letter is sent, or as the initial notice, a violation letter may be sent to the Owner. Depending on the severity of the violation and/or the history of prior violations on the Owner's Lot, the violation letter may be the first letter sent to the Owner. The Association is not required to send a violation letter. If sent, the violation letter will include: a.
a description of the violation; b.
the action required to correct the violation; C.
نان d.
the time by which the violation must be corrected; and notice that if the violation is not corrected within the time provided, or if
olation; b.
the action required to correct the violation; C.
نان d.
the time by which the violation must be corrected; and notice that if the violation is not corrected within the time provided, or if there is a subsequent violation of the same restriction, a fine may be imposed or other enforcement action may be initiated.
3.3. Demand Letter – Either upon initial verification of a violation, or after the expiration of the time period stated in the courtesy letter and/or violation letter, if sent, a demand letter may be sent to the Owner. The demand letter must be sent by certified mail or by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier. The demand letter must be sent to the Owner's last known address as shown in the records of the Association, as well as by any other method that the Board determines will cause the demand letter to be received by the Owner. Depending on the severity of the violation and/or the history of prior violations on the Owner's Lot, the demand letter may be the first letter sent (rather than a courtesy letter and/or a violation letter), as determined by the Board in its sole discretion.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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3.4. Content of the Demand Letter The demand letter will include the following: a.
b.
C.
d.
e.
a description of the violation that is the basis for the enforcement action,
eowners' Association, Inc.
3.4. Content of the Demand Letter The demand letter will include the following: a.
b.
C.
d.
e.
a description of the violation that is the basis for the enforcement action, suspension action, charge, or fine and any amount due the Association; notice that the Owner is entitled to a reasonable period to cure the violation and avoid the enforcement action, suspension, charge or fine; a specific date, which must be a reasonable period given the nature of the violation, by which the Owner must cure the violation. If the Owner cures the violation before the date specified, a fine may not be assessed for the violation; a notice that the Owner may request a hearing before the Board of Directors, such request to be made in writing on or before the 30th day after the date the notice was mailed to the Owner; and notice that the Owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty.
3.5. Hearing Requested - If a hearing is properly requested by the Owner, the hearing will be held not later than the 30th day after the date the Association receives the Owner's written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10th day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be
nal postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the "place" of the hearing for purposes of the notice.
Hearing Packet 3.6 The Board shall include with the hearing notice, a hearing packet containing all documents, photographs, and communications relating to the matter which the Board intends to introduce at the hearing. If the Board fails to provide the hearing packet to the Owner at least ten (10) days before the hearing, the Owner is entitled to an automatic fifteen (15) day postponement of the hearing.
3.7 Conducting the Hearing - During the 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 an Owner's designated representative is then entitled to present the Owner's information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.
3.8.
Hearing Not Requested - If a hearing is not properly requested by the Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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Owner, the violation must be cured within the time frame set forth in the demand letter.
Fines, suspension of the right to use the Common Area, and other remedies available to the Association may be implemented after the expiration of the thirty (30) day time frame provided to the Owner to request a hearing.
-
he right to use the Common Area, and other remedies available to the Association may be implemented after the expiration of the thirty (30) day time frame provided to the Owner to request a hearing.
3.9. Remedies The Owner is liable for, and the Association may collect reimbursement of, reasonable attorney's fees and other reasonable costs incurred by the Association after the conclusion of a hearing, or, if a hearing is not requested, after the date by which the Owner must request a hearing. Additionally, the Association may, but is not obligated to, exercise any self-help remedies set forth in the Declaration. Further, the right to use the Common Area may be suspended.
In addition to charging fines, as provided in Section 6, the Association reserves the right under the Governing Documents and under Texas law to file a suit for the recovery of damages and/or injunctive relief.
A notice of violation may also be recorded in the real property records if the violation is not cured within the specified time frame.
Section 4.
Enforcement - Uncurable Violations and/or Violations that Pose a Threat to Public Health or Safety. Upon initial verification of an uncurable violation and/or threat to public health or safety, a demand letter may be sent to the Owner. The demand letter must be sent by certified mail or by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier. The demand letter must be sent to the Owner's last known address as shown in the Association's records, as well as by any other method that the Board determines will cause the demand letter to be received by the Owner.
4.1.
following: Content of the Demand Letter The demand letter will include the a.
b.
C.
ll as by any other method that the Board determines will cause the demand letter to be received by the Owner.
4.1.
following: Content of the Demand Letter The demand letter will include the a.
b.
C.
a description of the violation that is the basis for the enforcement action, suspension action, charge, or fine and any amount due the Association; notice that the Owner may request a hearing before the Board of Directors, such request to be made in writing on or before the 30th day after the date the notice was mailed to the Owner; and notice that Owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty.
4.2.
Hearing Requested - If a hearing is properly requested by the Owner, the hearing must be held not later than the 30th day after the date the Association receives the Owner's written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10th day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic
eowners' Association, Inc.
granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the "place" of the hearing for purposes of the notice.
4.3. Hearing Packet - The Board shall include with the hearing notice, a hearing packet containing all documents, photographs, and communications relating to the matter which the Board intends to introduce at the hearing. If the Board fails to provide the hearing packet to the Owner at least ten (10) days before the hearing, the Owner is entitled to an automatic fifteen (15) day postponement of the hearing.
4.4. Conducting the Hearing - During the 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 an Owner's designated representative is then entitled to present the Owner's information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.
4.5. Remedies - Regardless of whether the Owner requests a hearing, fines, suspension of the right to use the Common Area, and other remedies available to the Association may be implemented after mailing the demand letter. The Owner is liable for, and the Association may collect reimbursement of, reasonable attorneys' fees and other reasonable costs incurred by the Association. Additionally, the Association may, but is not obligated to, exercise any self-help remedies set forth in the Declaration. Further, the right to use the Common Area may be suspended.
In addition to charging fines, the Association reserves the right under the
o, exercise any self-help remedies set forth in the Declaration. Further, the right to use the Common Area may be suspended.
In addition to charging fines, the Association reserves the right under the Governing Documents and under Texas law, to file a suit for the recovery of damages and/or injunctive relief.
A notice of violation may also be recorded in the real property records should the violation not be cured within the specified time frame.
Section 5. Subsequent Violation. If an Owner has been given notice in accordance with Section 3 or Section 4 of this Policy in the preceding six (6) month period, notice is not required for the recurrence of the same or a similar violation. The Association may impose fines or suspend the Owner's right to use the Common Area without first sending another demand for compliance.
Section 6. Fines. Subject to the notice provisions set forth in Section 3 or Section 4 of this Policy, as applicable, the Association may, without further approval of or action needed by the Board other than the adoption of this Policy in the open session of a properly noticed Board meeting and filing this Policy in the applicable county records and in accordance with Section 209.0061 of the Texas Property Code, or its successor statute, impose reasonable monetary fines against an Owner in accordance with the below schedule until the violation is cured if of a curable nature. Fines may be assessed for any violation of the Governing Documents, including but not Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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t and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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limited to architectural violations, violations for using a lot in a prohibited manner, failure to take required action, and failure to maintain a lot or the structures thereon.
Pursuant to Section 209.0061 of the Texas Property Code, below is a schedule of fines for each general category of violation for which the Association may assess fines: Notice Courtesy Notice (if sent) Violation Notice (if sent) 1st Notice (Chapter 209 - Demand Letter) 30 days 2nd Notice of Fine Letter 30 days 3rd Notice of Fine Letter 30 days Subsequent Notice of Fine Letters for the 30 days Curable Violations Time to Cure (estimate) Fine Amount if not Cured No Charge No Charge $100.00 $150.00 $150.00 $150.00 same or substantially similar violation Uncurable Violations and Violations Posing a Threat to Public Health or Safety Notice Fine Letter for Uncurable Violations or Violations that are a Threat to Public Health or Safety Time to Cure (estimate) N/A Fine Amount $250.00 Notwithstanding the foregoing and pursuant to Section 209.0061(c) of the Texas Property Code, the Board reserves the right to levy a fine from the schedule of fines that varies on a caseby-case basis. Specifically, the Board has sole and absolute discretion to set the amount of the fine (if any) as it reasonably relates to the violation of the Governing Documents, taking into account factors including, but not limited to, the severity of the violation and the number of Owners
he fine (if any) as it reasonably relates to the violation of the Governing Documents, taking into account factors including, but not limited to, the severity of the violation and the number of Owners affected by the violation. Any adjustment to this fine schedule by the Board shall not be construed as a waiver of the fine schedule or the Governing Documents. Any fine levied by the Association is the personal obligation of the Owner.
Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
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I hereby certify that I am the duly elected and acting Secretary of the Diamond Point Estates Homeowners' Association, Inc. and that this Policy was approved by not less than a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Denton County, Texas.
TO CERTIFY which witness my hand this.
9 day of Dec 2024.
DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
By: Аида м Printed: Jennifer Sparks Its: Secretary کرو park THE STATE OF TEXAS § COUNTY OF Denton & BEFORE ME, the undersigned notary public, on this 9 day of Dec personally appeared Jenn, Fer Spark es 2024 Secretary of Diamond Point Estates Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed.
The PUB TEXAS Adam S. Haertzen
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed.
The PUB TEXAS Adam S. Haertzen Notary Public, State of Texas Come Expires 02/04/2028 Notary ID 133571384 Notary Public in and for the State of Texas Governing Documents Enforcement and Fine Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 8 of 8 Copyright © 2024 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connection with the Diamond Point Estates community and the operation of Diamond Point Estates Homeowners' Ann Four COLLECTION AND PAYMENT PLAN POLICY for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON cos cos cos I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc.
("Association"), do hereby certify that in the open session of a properly noticed meeting of the Board of Directors ("Board") of the Association, duly called and held on the 2nd day of December, 2024, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Collection and Payment Plan Policy ("Policy") was duly approved by at least a majority vote of the members of the Board present at the meeting.
RECITALS: 1. The property encumbered by this Policy is that property initially restricted by the "Declaration of Covenants, Conditions and Restrictions for the Diamond Point Estates Addition" recorded in Clerk's File No. 23940 of the Official Public Records of Real Property of Denton County, Texas, as same has been or may be amended from time to time ("Declaration”), and
Estates Addition" recorded in Clerk's File No. 23940 of the Official Public Records of Real Property of Denton County, Texas, as same has been or may be amended from time to time ("Declaration”), and includes any other property that has been or may be subsequently annexed thereto and made subject to the authority of the Association.
2. The Board enforces the provisions of the Declaration applicable to the Property to address the collection and processing of assessments and other charges due and owing to the Association.
3. Article 6, Section 6.5(e) of the Declaration authorizes the Board to levy a late charge for delinquent payment of Assessments.
4. The Board desires to adopt a Collection Policy consistent with the Association's Dedicatory Instruments (as defined below) and state law.
5.
Chapter 209 of the Texas Property Code was amended to add Section 209.0062 to require property owners' associations to adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments for delinquent regular or special assessments or any other amount owed to the Association without accruing additional monetary penalties.
6.
The Board of Directors desires to adopt a Payment Plan Policy in accordance with Texas Property Code Section 209.0062.
7. It is the policy of the Association to enforce the provisions of the Dedicatory Instruments applicable to the Property regarding the collection of assessments and other charges due and owing to the Association in accordance with the following Collection Policy ("Policy"): Collection and Payment Plan Policy for Diamond Point Estates Page 1 of 7 8.
Definitions. Capitalized terms used in this Policy have the following meanings:
the following Collection Policy ("Policy"): Collection and Payment Plan Policy for Diamond Point Estates Page 1 of 7 8.
Definitions. Capitalized terms used in this Policy have the following meanings: Assessment(s) - The Maintenance Assessment and other assessments including, but not limited to, Special Purpose Assessments, Special Member Assessments, Capital Reserve/Improvement Assessments, and any other charge(s) for which an Owner is responsible as provided for in the Declaration which is secured by the Association's lien and the collection which is governed by the Declaration and/or state law.
Declaration - shall mean the following: a.
Documents: Declaration of Covenants, Conditions and Restrictions for the Diamond Point Estates Addition.
(1) (2) First Amendment to Declaration of Covenants, Conditions and Restrictions for the Diamond Point Estates Addition.
b.
Recording Information: (1) Denton County Clerk's File No. 23940.
(2) Denton County Clerk's File No. 75198.
"Declaration" also includes any other applicable amendments, annexations or supplements not included in the list above and any future amendments, annexations or supplements.
Dedicatory Instruments - Each document governing the establishment, maintenance or operation of the properties within the Property, as more particularly defined in Section 202.001(1) of the Texas Property Code.
Property – shall mean the following: .
Diamond Point Estates, a subdivision in Denton County, Texas according to the map or plat thereof recorded under File No. 201434 of the Plat Records of Denton County, Texas, and all amendments to or replats of said maps or plats, if any.
"Property" shall also include any and all other subdivisions that have been annexed
01434 of the Plat Records of Denton County, Texas, and all amendments to or replats of said maps or plats, if any.
"Property" shall also include any and all other subdivisions that have been annexed or will be annexed into or otherwise fall under the jurisdiction of the Association, if any, that are not included above.
Other capitalized terms used herein have the same meanings as that ascribed to them in the Declaration.
1.
COLLECTION POLICY Due Date. Each Maintenance Assessment shall be paid semi-annually being due by the first (1st) day of February and the first (1st) day of July [per Section 6.3(a)] or such other Collection and Payment Plan Policy for Diamond Point Estates Page 2 of 7 date established by the Declaration or the Board of Directors ("Board"). Each Special Purpose Assessment due date will vary depending on membership vote approving same. All other Assessments shall be due in the time period established by the Board if such date is not established in the Declaration.
2.
Cost Recovery. Each Assessment, together with interest, costs, and reasonable attorney's fees incurred shall be secured by a continuing lien upon each Lot and shall be the personal obligation of the Owner. Unless otherwise prohibited by law or as otherwise provided by the Association's Dedicatory Instruments, all costs of collection, expenses, and fees charged to, or paid by, the Association collecting, or attempt to collect, Assessments shall be assessed against the Lot and shall also become the personal obligation of the Owner as and when incurred.
Cost of collection shall include, but not be limited to, charges imposed by the Association for sending collection notices/letters, charges imposed by the Association's management company
en incurred.
Cost of collection shall include, but not be limited to, charges imposed by the Association for sending collection notices/letters, charges imposed by the Association's management company for sending collection notices/letters, attorney fees, legal expenses (postage, copies, filing fees, etc.), and charges or administrative costs/fees imposed by the Association's management company for monitoring delinquent accounts and/or turning over delinquent accounts to the Association's collection agent (including the Association's attorney).
3.
Delinquency Processing. The delinquent date for all Assessments will be thirty (30) days from the Due Date, unless otherwise stated in the Declaration or action approving same.
Notices. All collection notices sent to the Owner below shall contain notice of the amount then due.
4.
4.1.
4.2.
5.
Delinquent Notice(s). The Association may, but is not required to, send one or more delinquent notices at a time to be determined by the Board before sending the Final Delinquent Notice described below.
Final Delinquent Notice. The Association shall, before turning a delinquent owner over to a collection agent (including the Association's attorney), send to the Owner a notice that complies with Section 209.0064 of the Texas Property Code. Additionally, if an Owner's use rights in the Common Area and/or Common Amenities are to be suspended, the notice may include the provisions required by Section 209.006 of the Texas Property Code. The Association retains the right to send a letter that complies with Section 209.006 of the Texas Property Code regarding suspension of an Owner's Common Area and/or Common Amenities use rights as a separate mailing.
Interest. Unless otherwise provided by the Declaration, any Assessment not paid
s Property Code regarding suspension of an Owner's Common Area and/or Common Amenities use rights as a separate mailing.
Interest. Unless otherwise provided by the Declaration, any Assessment not paid within thirty (30) days of the Due Date shall bear interest from the Due Date at the rate of eighteen percent (18%) per annum.
6.
Late Charge. A late charge in the amount of $25.00 per month will be incurred on any Assessments that are not paid in full within thirty (30) days of the date the Assessment became due. The late charge will be based upon the full amount of the applicable Assessment regardless of whether the full amount of the applicable Assessment is delinquent, or some portion less than the full amount of the applicable Assessment is delinquent. Late charges are in addition to, not in lieu of, interest.
Collection and Payment Plan Policy for Diamond Point Estates Page 3 of 7 7.
Payment Plan and Partial Payments. All Owners will be offered a payment plan in accordance with Section 209.0062 of the Texas Property Code and the Association's Payment Plan Policy. If accepted by the Association, partial payments shall be posted in accordance with Section 209.0063 of the Texas Property Code unless the Owner is in default under a payment plan at the time the Association receives the payment. The acceptance of a partial payment for less than the full amount due at the time payment is made shall not constitute waiver or forgiveness of the remaining balance. If an Owner enters into a payment plan per the Association's Payment Plan Policy, Owner is responsible for any and all administrative cost provided for in the Payment Plan Policy. The Association will not accept cash payments.
8. Dishonored Checks. Checks dishonored by the bank (e.g., NSF checks) may (but
any and all administrative cost provided for in the Payment Plan Policy. The Association will not accept cash payments.
8. Dishonored Checks. Checks dishonored by the bank (e.g., NSF checks) may (but are not required to) be re-deposited by the Association. Whether or not a dishonored check is redeposited, a dishonored check will incur a dishonored check processing fee in the amount of $20.00 [per Section 6.5(e)] to offset the additional processing involved and a dishonored check notice may (but is not required to) be sent requesting payment in full by cashier's check or money order. In the event a dishonored check notice is sent and the amount due is not paid in full within ten (10) days of the mailing of the dishonored check notice, the Association may initiate or continue collection activity. If a dishonored check notice is not sent, the Association may proceed with collection activity immediately. In addition to the dishonored check fee charged by the Association, any bank fee(s) or any other type of fee(s) charged to the Association because of the dishonored check [including a management company fee(s), if any] shall be charged against the Owner's account and the amount of the dishonored check shall be reposted to the Owner's account. An Owner shall be responsible for all charges and/or fees incurred by the Association as a result of a dishonored check.
9. Owner's Mailing Address. It is the responsibility and obligation of each Owner who owns a Lot under the jurisdiction of the Association to provide the Owner's mailing address to the Association and to promptly notify the Association in the event the Owner's mailing address changes. In order to be effective, notice of the Owner's mailing address or a change of
iling address to the Association and to promptly notify the Association in the event the Owner's mailing address changes. In order to be effective, notice of the Owner's mailing address or a change of the Owner's mailing address must be mailed to the Association by any method of mailing for which evidence of receipt of such mailing by the Association is provided by the United States Postal Service or a common carrier. It is the Owner's responsibility to maintain evidence of receipt by the Association of Owner's notice of address change. The Association may, at its discretion, accept a notification of a change in an Owner's mailing address sent by regular mail or e-mail, however, an Owner that disputes the mailing address listed in the Association's records must be able to prove that the Owner sent an address change notification by providing evidence of receipt by the Association of Owner's notice of address change that was sent by any method of mailing for which evidence of receipt of such mailing by the Association is provided by the United States Postal Service or a common carrier. Unless the Association is otherwise notified in writing, the Owner's mailing address shall be deemed to be the street address of the Owner's Lot or the last alternative mailing address provided to the Association by the Owner in writing. All notices to an Owner pursuant to these Bylaws shall be mailed to the Owner at the Owner's last known mailing address. If mail to an Owner is returned undelivered, or the Association otherwise reasonably determines that the last known mailing address of the Owner may not be valid, the Association has the right, but not the obligation, to conduct a title search or other
Association otherwise reasonably determines that the last known mailing address of the Owner may not be valid, the Association has the right, but not the obligation, to conduct a title search or other searches for the purpose of attempting to either verify the Owner's current mailing address or to obtain the Owner's current mailing address. Any costs incurred by the Association to verify an Collection and Payment Plan Policy for Diamond Point Estates Page 4 of 7 Owner's current mailing address or obtain an Owner's current mailing address shall be, to the extent permissible under the Association's Dedicatory Instruments and state law, charged to the Owner. The failure of an Owner to receive a notice(s) or to properly notify the Association of a change in an Owner's mailing address shall in no way waive or negate the Owner's obligation to pay any Assessment or charge(s) authorized by the Declaration or state law. The submission of a check or other form of payment to the Association which sets forth an alternative address does not constitute notice of a change of an Owner's mailing address.
10.
Referral of Account to Association's Collection Agent. The Association, the Board, an individual Board member, or the Association's management agent may, without further approval of or action needed by the Board other than the adoption of this Policy in the open session of a properly noticed Board meeting and filing this Policy in the applicable county records, refer any account to the Association's collection agent (including the Association's attorney) on which any portion of: (a) the current year's Assessment is delinquent; and/or (b) any portion of a previous year's Assessment is delinquent; and/or (c) any other charge(s) due
sociation's attorney) on which any portion of: (a) the current year's Assessment is delinquent; and/or (b) any portion of a previous year's Assessment is delinquent; and/or (c) any other charge(s) due and owing to the Association that is authorized in the Association's Dedicatory Instruments or by state law is delinquent. Upon referral of an account to the Association's collection agent (including the Association's attorney) for collection, the collection agent is authorized to, without further instruction from the Board, take whatever action is necessary to collect the amount due including, but not limited to, sending demand letters, filing a lawsuit against the delinquent Owner for a money judgment and/or a judicial foreclosure, instituting an expedited foreclosure action if authorized by the Declaration and/or state law, foreclosing on the Lot or any nonexempt assets of an Owner (includes the authority to allow the Association's attorney or designated agent to bid on and purchase the property at a trustee foreclosure sale or at a constable/sheriff's sale), and, in the event an Owner files bankruptcy, filing necessary claims, objections and motions in the bankruptcy court, and monitoring the bankruptcy case in order to protect the Association's interests.
11. Required Action. Nothing contained herein, not otherwise required by the Declaration or by law, shall require the Association to take any of the actions contained herein.
The Association's Board of Directors shall have the right, but not the obligation, to evaluate each delinquency on a case-by-case basis and proceed with collection activity as in its best judgment deems reasonable.
PAYMENT PLAN POLICY It is the policy of the Association to provide an alternative payment schedule by which an
case basis and proceed with collection activity as in its best judgment deems reasonable.
PAYMENT PLAN POLICY It is the policy of the Association to provide an alternative payment schedule by which an Owner may make payments to the Association for delinquent Assessments and/or other amounts due and owing to the Association without accruing additional monetary penalties, as follows: 1.
Applicability. This Payment Plan Policy applies to delinquent Assessments and/or any other amounts owed to the Association prior to the debt being turned over to a "collection agent" as that term is defined by Section 209.0064 of the Texas Property Code.
2. Term. The term for a payment plan offered by the Association will be a minimum of three (3) months and a maximum of six (6) months. The Owner shall determine whether the payment plan shall be for the maximum term of a shorter term. The maximum period for a Collection and Payment Plan Policy for Diamond Point Estates Page 5 of 7 payment plan may be extended if the Board of Directors determines, in its sole and absolute discretion, that hardship conditions exist necessitating a longer payment plan period. The Association will determine the appropriate term for a payment plan considering the amount owed and the term requested by the Owner, subject to the minimum and maximum terms.
3. Payment Plan Agreement. The Owner is obligated to execute a payment plan agreement ("Payment Plan Agreement") which sets forth the total amount to be paid, the term of the payment plan, the due date for and amount of each payment, and the address to which payments are to be mailed or delivered. A payment plan is not effective until the Owner executes the required Payment Plan Agreement.
4.
Sums Included in Plan. The payment plan will include all delinquent
ents are to be mailed or delivered. A payment plan is not effective until the Owner executes the required Payment Plan Agreement.
4.
Sums Included in Plan. The payment plan will include all delinquent Assessments and other sums owed to the Association as of the effective date of the Payment Plan Agreement. The payment plan will not include any Assessments which have not become due and payable to the Association as of the effective date of the Payment Plan Agreement unless otherwise agreed to by the Owner. The Payment Plan Agreement may provide that any Assessments or other valid charges that become due and payable to the Association per the dedicatory instruments of the Association during the term of the payment plan must be paid in a timely manner.
5.
Grace Period. There will be a grace period of three (3) business days from the due date for a payment. If a payment is not received at the address set forth in the Payment Plan Agreement by the close of business on the third (3rd) business day following the date on which the payment is due, the Owner will be deemed to be in default of the Payment Plan Agreement.
6. Administrative Costs and Interest. The Association may add to the delinquent Assessments and other amounts owed to the Association to be paid in accordance with the Payment Plan Agreement reasonable costs for administering the payment plan, including the actual cost charged to the Association by the Association's management company/managing agent for preparing the payment plan and processing each payment on the payment plan. During the term of the payment plan, interest at the rate provided in the applicable governing document may, at the discretion of the Board of Directors, continue to accrue on delinquent Assessments.
7.
Monthly Penalties.
e payment plan, interest at the rate provided in the applicable governing document may, at the discretion of the Board of Directors, continue to accrue on delinquent Assessments.
7.
Monthly Penalties.
Once a payment plan is executed by an Owner, the Association may not impose any additional monetary penalties with respect to the delinquent Assessments and other charges included in the payment plan, except as provided in this Policy and allowed by state law. Monetary penalties include, by way of example and not in limitation, late charges. This provision does not apply if an Owner defaults on the payment plan.
8.
Default. If an Owner fails to make a payment to the Association by the end of the grace period applicable to the due date for that payment, the Owner will be in default of the Payment Plan Agreement, at which point the Payment Plan Agreement will automatically become void. The Association may notify the Owner that the Payment Plan Agreement is void as a result of the Owner's default, however, notice to the Owner is not a prerequisite for the Payment Plan Agreement to become void. If the Association receives a payment after the expiration of the grace period, the Association may accept the payment and apply it to the Owner's account even though the Owner is in default of the Payment Plan Agreement. The Collection and Payment Plan Policy for Diamond Point Estates Page 6 of 7 acceptance of a payment made by an Owner after the Payment Plan Agreement has become void does not reinstate the Payment Plan Agreement.
9.
Owners Not Eligible for a Payment Plan. The Association is not required to enter into a payment plan with an Owner who failed to honor the terms of a previous payment plan
e Payment Plan Agreement.
9.
Owners Not Eligible for a Payment Plan. The Association is not required to enter into a payment plan with an Owner who failed to honor the terms of a previous payment plan during the two (2) years following the Owner's default under the previous payment plan. The Association is not required to make a payment plan available to an Owner after a notice in accordance with Section 209.0064(b) has been sent to the Owner and the period in that notice has expired. Finally, the Association is not required to allow an Owner to enter into a payment plan more than once in any twelve (12) month period.
This Collection and Payment Plan Policy replaces and supersedes any previous collection/payment plan policy (or similarly named document).
I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Collection and Payment Plan Policy was approved by at least a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Denton County, Texas.
DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS § cascos cas COUNTY OF Denton § BEFORE Dec Printed Jennifer Sparks Its: Secretary this ME, the undersigned notary public, on 2024, personally appeared Jennifer Sparks q day of as Secretary of Diamond Point Estates Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purpose and in the capacity therein expressed.
NOTARY STATE PUBLIC OF TE Adam S. Haertzen Notary Public, State of Texas Comm. Expires 02/04/2020 Notary ID 133571384
that s/he executed the same for the purpose and in the capacity therein expressed.
NOTARY STATE PUBLIC OF TE Adam S. Haertzen Notary Public, State of Texas Comm. Expires 02/04/2020 Notary ID 133571384 Notary Public in and for the State of Texas Callertinu and Payment Plan Policy for Diamond Paint Estates Proе 7 of 7 OPEN RECORDS POLICY for DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
THE STATE OF TEXAS COUNTY OF DENTON cos cos cos I, Jennifer Sparks, Secretary of Diamond Point Estates Homeowners' Association, Inc. (the ‘Association”), do hereby certify that in the open session of a properly noticed meeting of the Board of Directors of the Association (the "Board") duly called and held on the 2nd day of December, 2024, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Open Records Policy was duly approved by a majority vote of the members of the Board: RECITALS: 1. Chapter 209 of the Texas Property Code was amended to amend Section 209.005 to set forth open records procedures and to require property owners' associations to adopt and record open records policies consistent with the procedures set forth in the statute.
2.
The Board of Directors of the Association desires to adopt an open records policy consistent with the provisions of Section 209.005 of the Texas Property Code.
POLICY: It is the policy of the Association to make the books and records of the Association, including financial records, open to and reasonably available for examination by an Owner, or a person designated in a writing signed by the Owner as the Owner's agent, attorney, or certified public accountant (the "Owner's Representative") in accordance with the following provisions:
wner, or a person designated in a writing signed by the Owner as the Owner's agent, attorney, or certified public accountant (the "Owner's Representative") in accordance with the following provisions: 1. Request. An Owner or the Owner's Representative must submit a written request for access or information. The written request must: a. be sent by certified mail to the mailing address of the Association or to the authorized representative of the Association as reflected on the most current Management Certificate of the Association filed of record in accordance with Section 209.004 of the Texas Property Code; b. describe with sufficient detail the books and records of the Association that are requested; and C.
state whether the Owner or the Owner's Representative elects to inspect the requested books and records before obtaining copies or have the Association forward copies of the requested books and records.
2. Election to Inspect. If an inspection is requested, the Association must send written notice to the Owner or the Owner's Representative of dates during normal business hours that the Owner or the Owner's Representative may inspect the requested books and records. Such written notice must be sent on or before the tenth (10th) business day after the date the Association receives Open Records Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 1 of 4 the request, unless the Association sends a notice to the Owner or Owner's Representative in accordance with Section 4 below.
3. Election to Obtain Copies. If copies of the identified books and records are requested, the Association must produce copies of the requested books and records on or before the tenth (10th) business day after the date the Association receives the request, unless the
records are requested, the Association must produce copies of the requested books and records on or before the tenth (10th) business day after the date the Association receives the request, unless the Association sends a notice to the Owner or Owner's Representative in accordance with Section 4.
4.
Inability to Produce Records Within 10 Days. If the Association is unable to produce requested books and records on or before the tenth (10th) business day after the date the Association receives the request, the Association must provide written notice to the Owner or the Owner's Representative that: 5.
a. informs the Owner or the Owner's Representative that the Association is unable to produce the requested books and records on or before the tenth (10th) business day after the date the Association received the request; and b. states a date by which the requested books and records will be sent or made available for inspection, which date shall not be later than the fifteenth (15th) business day after the date such notice is given.
Extent of Books and Records. The Association must produce books and records requested by an Owner or an Owner's Representative to the extent those books and records are in the possession, custody or control of the Association.
6.
Time of Inspection; Copies. If an inspection of books and records is requested or required, the inspection will take place at a mutually agreed upon time during normal business hours. At the inspection, the Owner or the Owner's Representative may identify the books and records to be copied and forwarded. The Association must thereafter make copies of such books and records at the cost of the Owner and forward them to the Owner or the Owner's Representative.
7.
s and records to be copied and forwarded. The Association must thereafter make copies of such books and records at the cost of the Owner and forward them to the Owner or the Owner's Representative.
7.
Format. The Association may produce books and records requested by an Owner or an Owner's Representative in hard copy, electronic or other format reasonably available to the Association.
8. Costs. The Association may charge an Owner for the compilation, production or reproduction of books and records requested by the Owner or the Owner's Representative, which costs may include all reasonable costs of materials, labor, and overhead. Costs will be billed at the rates established by Title 1 of the Texas Administrative Code, Section 70.3 ("Section 70.3″), as same may be amended from time-to-time. As of the date of this Policy, the rates set forth below are established by Section 70.3. Should the rates set forth in Section 70.3 ever be different than in this policy (either through amendment or error by this policy) the then current rates set forth in Section 70.3 shall control.
Labor for locating, compiling and reproducing records* $15.00 per hour No labor will be charged if there are 50 or fewer pages unless the documents are in 2 or more separate buildings not physically connected to each other or in a remote storage facility.
Open Records Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 2 of 4 Copies (8½ x 11 and 8½ x 14) $0.10 per page Oversize paper copies (11 x 17, greenbar and $0.50 per page bluebar) Specialty papers (blue print and maps) Diskette Magnetic tape or data or tape cartridge CD DVD VHS video cassette Audio cassette Other actual cost $1.00 actual cost $1.00 $3.00 $2.50 $1.00 At the rate provided for in Section 70.3
and maps) Diskette Magnetic tape or data or tape cartridge CD DVD VHS video cassette Audio cassette Other actual cost $1.00 actual cost $1.00 $3.00 $2.50 $1.00 At the rate provided for in Section 70.3 9. Advance Payment of Estimated Costs. The Association must estimate the costs of compiling, producing and reproducing books and records requested by an Owner or an Owner's Representative on the basis of the rates set forth in Section 8 above. The Association may require advance payment of the estimated costs of compiling, producing and reproducing the requested books and records.
10.
10.1.
10.2.
10.3.
10.4.
11.
11.1.
Actual Costs.
If the actual costs of compiling, producing and reproducing requested books and records are less than or greater than the estimated costs, the Association will submit a final invoice to the Owner on or before the thirtieth (30th) business day after the date the requested books and records are delivered.
If the final invoice includes additional amounts due from the Owner, the Owner is required to pay the additional amount to the Association before the thirtieth (30 th) business day after the date the invoice is sent to the Owner.
If the final invoice indicates that the actual costs are less than the estimated costs, the Association must refund the excess amount paid by the Owner not later than the thirtieth (30th) business day after the date the invoice is sent to the Owner.
If the Owner fails to pay to the Association the additional amounts shown in the final invoice in accordance with Subsection 10.1 above, the Association may add the additional amount to the Owner's assessment account as an assessment.
Books and Records Not Required to be Produced.
Unless an Owner whose records are the subject of a request provides express
add the additional amount to the Owner's assessment account as an assessment.
Books and Records Not Required to be Produced.
Unless an Owner whose records are the subject of a request provides express written approval to the Association or unless a court order is issued directing either the release of books and records or that books and records be made available for inspection, the Association is not required to release or allow inspection of books and records that: a.
identify the history of violations of dedicatory instruments of an individual Owner; Open Records Policy for Diamond Point Estates Homeowners' Association, Inc.
Page 3 of 4 b.
C.
d.
disclose an Owner's personal financial information, including records of payment or nonpayment of amounts due the Association; disclose an Owner's contact information, other than the Owner's address; or disclose information related to an employee of the Association, including personnel files.
11.2. The Association is also not required to release or allow inspection of ballots cast in an election or removal of Directors, except as required by a recount procedure in accordance with Section 209.0057 of the Texas Property Code.
11.3.
12.
In addition, information may be released in an aggregate or summary manner that will not identify an individual property Owner.
Business Day. As used in this policy, "business day" means a day other than a Saturday, Sunday or state or federal holiday.
I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Open Records Policy was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be
e Association and that the foregoing Open Records Policy was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Denton County, Texas.
THE STATE OF TEXAS § COUNTY OF Denton හහය § DIAMOND POINT ESTATES HOMEOWNERS' ASSOCIATION, INC.
By: Printed: Jennifer Sparks Its: Secretary BEFORE ME, the undersigned notary public, on this day of Dec Secretary of Diamond Point Estates 20 24 personally appeared Jennifer Sparks Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purpose and in the capacity therein expressed.
NOTARY USL Adam S. Haertzen STATE Notary Public, State of Texas Comm. Expires 02/04/2028 Notary ID 133571384 Notary Public in and for the State of Texas Omen Reminds Policy for Diamond Point Estates Homers' Association Inc Pror & of 4