Mg PROPERTY OWNERS ASSOCIATION MANAGEMENT CERTIFICATE 1* AMENDMENT FOR ENCINO FOREST HOMEOWNER’S ASSOCIATION, INC This Management Certificate is recorded pursuant to Section 209.004 of the Texas Property Code.
This amends all prior Management Certificates filed for this association Per Texas Property Code 209.004) (effective September 1,2013) “The County Clerk of each county in which a Management Certificate is filed as required by this section shall record the Management Certificate in the real property records of the county and index the document as a “Property Owners’ Association Management Certificate” State of Texas § County of Bexar § 1. Name of Subdivision: Encino Forest HOA 2: Subdivision Location: 2517 Rancho Mirage, San Antonio, TX 78259 3. Name of Homeowners Association: Encino Forest Homeowner’s Association, Inc.
4. Recording Data for Association: Volume 9511, Page 84; Volume 9524, Page 120; Volume 9527, Page 86; Volume 9527, Page 162 5. Recording Data for Declaration: Volume 3536, Page 1764 Et Seq.
Name of Instrument: Declaration of Covenants, Conditions and Restrictions for Encino Forest Homeowner’s Association, Inc.
o First Amendment to Declaration of Covenants, Conditions and Restrictions for Encino Forest filed on about April 02, 1991, Official Records of Bexar County, Volume 5034, Page 1062 et seq.
o General Warranty Deed filed on or about March, 10, 1987, Official Records of Bexar County, Book 3962, Page 671 et seq.
o General Warranty Deed filed on or about May 27, 1987, Official Records of Bexar County, Book 4037, Page 1066 et seq.
o General Warranty Deed Filed on or about May 27, 1987, Official Records of Bexar County, Book 4037, Page 1068 et seq.
o Warranty Deed filed on or about January 27, 1995, Official records of Bexar County,
neral Warranty Deed Filed on or about May 27, 1987, Official Records of Bexar County, Book 4037, Page 1068 et seq.
o Warranty Deed filed on or about January 27, 1995, Official records of Bexar County, Book 6327, Page 896 et seq.
o Agreement for Use of Recreational Facilities filed on or about March 10, 1998, Official Records of Bexar County, Book 7378 et seq.
o Release of Associations Rights filed on or about January 19, 2000, Official Records of Bexar County, Book 8280, Page 798 et seq.
o Community Manual (includes Articles of Incorporation, ByLaws, Solar Device and Energy Efficient Policy, Rainwater Harvesting System Policy, Flag Display and Flagpole Installation Policy, Display of Certain Religious Items Policy, Assessment Collection Policy, Records Inspection, Copying and Retention Policy, Statutory Notice of Posting Book 17898 Page 1741 28pgs and Recordation of Association Governance Documents, Statutory Notice of Annual Meetings, Elections, and Voting, Statutory Notice of Conduct of Board Meetings) filed on or about December 30, 2011, Official Records of Bexar County, Volume 15292, Page 54 et seq.
The following resolutions dated 5/24/2016 are filed and attached with this certificate: Records Retention Policy Application of Payments Policy Payment Plan Policy Membership Voting Policy E-mail Registration Policy Drought Resistant Landscaping and Natural Turf Guidelines Violation Enforcement Resolution Conflict of Interest Policy Guidelines for Land Use of Adjacent Lots Electronic and Telephonic Action Policy Standby Electric Generators Guidelines Solar Energy Device Guidelines Assessment Collection Policy 6. Other information the Association considered appropriate for the governing, administration or operation of the subdivision and homeowners association: N/A
ce Guidelines Assessment Collection Policy 6. Other information the Association considered appropriate for the governing, administration or operation of the subdivision and homeowners association: N/A 7. Mailing Address and Contact Information for the Association and the Managing Agent: Spectrum Association Management 17319 San Pedro Ste 318 San Antonio, TX 78232 [email protected] 210-494-0659 Fax: 494-0887 Prospective purchasers are advised to independently examine the Declaration, Bylaws, and all other governing documents of Association, together with obtaining an official Resale Certificate and performing a comprehensive physical inspection of the lot/home and common areas, prior to purchase.
THE PURPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUFFICIENT FOR A TITLE COMPANY TO CORRECTLY IDENTIFY THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO IDENTIFY EVERY PUBLICLY RECORDED DOCUMENT AFFECTING THE SUBDIVISION, OR TO REPORT EVERY PIECE OF INFORMATION PERTINENT TO THE SUBDIVISION. NO PERSON SHOULD RELY ON THIS CERTIFICATE FOR ANYTHING OTHER THAN INSTRUCTIONS FOR CONTACTING THE ASSOCIATION IN CONNECTION WITH THE TRANSFER OF TITLE TO A HOME IN THE SUBDIVISION. THE REGISTERED AGENT FOR THE ASSOCIATION IS ON FILE WITH THE TEXAS SECRETARY OF STATE.
Signed this 3\ al day of Ay , 2016 Encino Forest Homeowner’s Association, Inc.
- @ Gail Jaszcz (of Spectrum Asgéciation Manggement) Managing Agent 5 By: State of Texas § County of Bexar § This Instrument was acknowledged and signed before me on a] , 2016 by Gail Jaszcz, representative of Spectrum Association Management, LP, the Managing Agent for Encino Forest Homeowner’s Association, Inc. o Notary Public, State of Texas After Recording Return To:
016 by Gail Jaszcz, representative of Spectrum Association Management, LP, the Managing Agent for Encino Forest Homeowner’s Association, Inc. o Notary Public, State of Texas After Recording Return To: Spectrum Association Management Attn: Transitions 17319 San Pedro, #318 San Antonio, TX 78232 otetity, SAMANTHA MARIE THOMAS | Ae, " Lo? Nefary Public, State One My Commission Expires . February 07, 2017 Records Retention Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § This Records Retention Policy for the Encino Forest Home Owners Association, Inc. (the “Policy”) is adopted by the Encino Forest Home Owners Association, Inc. (the “Association”), a Texas Non-Profit Corporation.
WHEREAS, the Association adopted a Policy through resolution of the Encino Forest Home Owners Association, Inc.’s Board of Directors (the “Board”) on 06/19/2016.
NOW THEREFORE, the Association hereby adopts a Records Retention schedule as follows: 1.) Certificates of formation, articles of incorporation, bylaws, restrictive covenants and all amendments to certificates of formation, bylaws and covenants shall be retained permanently at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
2.) Financial books and records shall be retained for seven years at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
3.) Account records of current owners shall be retained for five years at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
4.) Contracts with a term of one year or more shall be retained for four years after the expiration of the
l office address, electronically or in a storage facility as deemed appropriate by the Board.
4.) Contracts with a term of one year or more shall be retained for four years after the expiration of the contract term at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
5.) Minutes of meetings of the owners and the Board shall be retained for seven years at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
6.) Tax returns and audit records shall be retained for seven years at the Association’s principal office address, electronically or in a storage facility as deemed appropriate by the Board.
Documents not specifically listed above will be retained for the time period of the documents most closely related to those listed in the above schedule. Electronic documents will be retained as if they were paper documents. Therefore, any electronic files that fall into one of the document types on the above schedule will be maintained for the identified time period.
The custodian of the records of the Association is responsible for the ongoing process of identifying the Association’s records which have met the required retention period and overseeing their destruction. Destruction of any physical documents will be accomplished by shredding. Destruction of any electronic records of the Association shall be made via a reasonable attempt to remove the electronic records from all known electronic locations and/or repositories.
EFFECTIVE DATE: 06/19/2016 Authorized Board Member Signature: ih I tt t Wp Date: 77 24 . PAN i Records Inspection Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR §
DATE: 06/19/2016 Authorized Board Member Signature: ih I tt t Wp Date: 77 24 . PAN i Records Inspection Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § This Records Inspection Policy for the Encino Forest Home Owners Association, Inc. (the “Policy”) is adopted by the Encino Forest Home Owners Association, Inc. (the “Association”), a Texas Non- Profit Corporation.
WHEREAS, the Association adopted a Policy through resolution of the Encino Forest Home Owners Association, Inc.’s Board of Directors (the “Board”) on 06/19/2016.
NOW THEREFORE, the Association hereby adopts a Records Inspection Policy as follows: 1.) Persons who may request to inspect records or purchase copies of records of the Association, other than members of the Board, are limited to: a. A member of the Association as evidenced by a deed, deed of trust, or provision within the declaration or; b. The agent, attorney, or certified public account designated in writing signed by the owner as the owner’s agent (an “Agent”) of a member of the Association, upon receipt by the Association of an instrument signed by both the owner and Agent designating said Agent as such.
2.) To inspect or obtain copies of Association records a valid request must be sent to the Association. To be valid, a request to inspect or purchase copies of records must: a. Be submitted in writing by certified mail, return receipt requested, to the mailing address of the Association or to the authorized representative of the Association as reflected on the most current management certificate filed under Sec. 209.004 of Texas Property Code; b. Describe in detail each record requested including the fiscal year to which said record relates;
eflected on the most current management certificate filed under Sec. 209.004 of Texas Property Code; b. Describe in detail each record requested including the fiscal year to which said record relates; c. Contain an election to inspect records before obtaining copies or purchase copies of the same.
3.) The estimated cost of production of records shall be due from the requestor to the Association in advance of their production.
a. The cost for production of records shall include reasonable costs for labor, transportation of records, copies, or other mediums used for their production. Said costs shall not exceed the cost for an item under 1 T.A.C. Section 70.3.
b. The difference between the estimated cost of production and the actual final cost shall be settled within 30 days from the date the records were delivered.
c. Ifthe estimated cost was lesser or greater than the actual costs, the Association shall submit a final invoice to the owner on or before the 30" business day after the date the information is delivered.
If the final invoice includes additional amounts due from the owner, the additional amounts, if not reimbursed to the Association before the 30" business day after the date the invoice is sent to the owner, may be added to the owner’s account as an assessment. If the estimated costs exceeded the final invoice amount, the owner is entitled to a refund, and the refund shall be issued to the owner not later than the 30" business day after the date the invoice is sent to the owner.
4.) The Association may, at its option, produce the records in hard copy or electronic format for an owner requesting to obtain copies.
5.) Types of records available for inspection shall include all responsive records identified in the Association’s Records Retention policy.
electronic format for an owner requesting to obtain copies.
5.) Types of records available for inspection shall include all responsive records identified in the Association’s Records Retention policy.
6.) The Association may not release any records that indicate the violation history or payment history of a particular owner of the community without written consent from said owner.
EFFECTIVE DATE: Authorized Board Member Signature: 06/19/2016 Cars Tomer 5-24-2016 Date: Application of Payments Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § WHEREAS, The Encino Forest Home Owners Association, Inc., a Texas non-profit corporation (the “Association”) is charged with administering and enforcing the Declaration of Protective Covenants (the “Declaration”); WHEREAS, The Board adopts the following policy in order to comply with the priority of payments schedule created by Section 209.0063 of the Texas Property Code; and NOW THEREFORE, the Board has duly adopted the following “Application of Payments Policy” (the “Policy”): 1) Any delinquent assessment; 2) Any current assessment, 3) Any attorney’s fees or third party collection costs incurred by the Association associated solely with assessments or any other charge that could provide the basis for foreclosure; 4) Any attorney’s fees incurred by the association that are not subject to the preceding subpart; 5) Any fines assessed by the Association; 6) Any other amounts owed to the Association.
EFFECTIVE DATE: 06/19/2016 STATE OF TEXAS COUNTY OF BEXAR Payment Plan Policy for the Encino Forest Home Owners Association, Inc.
§ § § WHEREAS, Encino Forest Home Owners Association, Inc. (the “Association”) is charged with
| STATE OF TEXAS COUNTY OF BEXAR Payment Plan Policy for the Encino Forest Home Owners Association, Inc.
§ § § WHEREAS, Encino Forest Home Owners Association, Inc. (the “Association”) is charged with administering and enforcing the Declaration of Protective Covenants (the “Declaration”); WHEREAS, Section 209.0062 of the Texas property Code requires that the Association adopt and record reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association without accruing additional monetary penalties; and WHEREAS, the Association’s Board of Directors (the “Board”) desires to establish guidelines consistent with Section 209.0062; NOW, THEREFORE, the Board has duly adopted the following “Payment Plan Policy” (the “Policy”): 1.) Eligibility: a.
Any owner who has not defaulted under a previous payment plan during the past 12 months from the date a payment plan request is received by the Association shall be eligible for a payment plan under this Policy (a “Payment Plan”).
Any owner who has failed to pay in full or enter into a payment plan as described by Chapter 209.0064(b)(3) is not entitled to a payment plan.
Any owner who has received a payment plan in the previous twelve months may be disqualified from consideration for a payment plan.
2.) Duration & Terms a.
b, Cc.
d.
A Payment Plan shall have a minimum term of not less than 3 months; Association may use its discretion to determine the maximum term of a payment plan; Association may require a good faith payment of any amount deemed reasonable prior to commencing a payment plan.
Any Eligible Owner shall be allowed, without deliberation by the Board, to pay a delinquent
ciation may require a good faith payment of any amount deemed reasonable prior to commencing a payment plan.
Any Eligible Owner shall be allowed, without deliberation by the Board, to pay a delinquent balance in up to 12 equal consecutive monthly installments, with the first payment due within 30 days of the approval of the Payment Plan; Any owner may submit a request for a Payment Plan that does not meet the foregoing guidelines, along with any other information they wish to be consider by the Association; If an owner who is not eligible to receive a Payment Plan asks for a Payment Plan, then the Association shall be entitled to approve or disapprove a Payment Plan, in its sole discretion.
3.) Execution a.
All Payment Plans must be in writing and signed by the owner entering into said Payment Plan.
4.) Fees and Payment a.
All payments shall be due by the date specified in the Payment Plan; b. Failure by an owner to make a payment by the time frame specified in the Payment Plan shall er result in immediate default of said Payment Plan; Additional monetary penalties will not accrue during the term of the Payment Plan.
Notwithstanding the foregoing, interest as allowed under the Declaration may continue to accrue during the term of the Payment Plan. The Association may provide an estimate of the amount of interest that will accrue during the term of the Payment Plan. Furthermore, the Association may charge an owner a reasonable cost for administering the Payment Plan (the “Administrative Costs”). Any Administrative Costs will be identified in the Payment Plan.
5.) Default a.
b.
c.
Any owner who defaults under a Payment Plan shall remain in default until his/her entire account balance is brought current; There is no opportunity to cure a default under a Payment Plan;
lt a.
b.
c.
Any owner who defaults under a Payment Plan shall remain in default until his/her entire account balance is brought current; There is no opportunity to cure a default under a Payment Plan; While an owner is in default of a Payment Plan issued pursuant to this Policy, payments by the owner shall be applied in the manner specified in the written payment plan agreement.
EFFECTIVE DATE: 06/19/2016 Authorized Board Member Signature: [ih Fou Date: 5 “L / Membership Voting Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § 8 COUNTY OF BEXAR § This Membership Voting Policy for the Encino Forest Home Owners Association, Inc. (the “Policy”) is adopted by the Encino Forest Home Owners Association, Inc, (the “Association”), a Texas Non-Profit Corporation.
WHEREAS, membership voting is governed in whole or in part by Sections 209.0058, 209.0059, 209.00593 and 209.0054 of Texas Property Code (the “Voting Requirements”), and; WHEREAS, the Association may adopt policies and rules to help facilitate the provisions outlined in the Voting Requirements.
NOW THEREFORE, the Association hereby adopts a Membership Voting Policy as follows: 1.) The Association shall have the sole authority to promulgate all ballots, absentee ballots, proxy forms or other instruments (“Voting Instruments”) for use in Association wide votes or elections and the Association may not accept any other form of these instruments in connection with an Association vote or election.
2.) The Association may include copies of Voting Instruments for use in Association wide votes or elections in the notice of said meeting. Members shall otherwise be entitled to obtain from the Association copies of said unexecuted Voting Instruments.
struments for use in Association wide votes or elections in the notice of said meeting. Members shall otherwise be entitled to obtain from the Association copies of said unexecuted Voting Instruments.
3.) All Voting Instruments must be signed and dated by the member executing said instrument. Unsigned or undated instruments may be deemed invalid and may not be counted toward quorum and/or totals in a vote or election.
4.) Voting Instruments may be submitted to the Association electronically, by mail or in person not later than one business day prior to the election or vote to which they pertain. Voting Instruments may also be submitted at the meeting to which they pertain prior to the close of voting.
5.) Electronic submission of executed Voting Instruments may include e-mail submission or facsimile transmission of said Voting Instrument to the respective email address or fax number listed for such purpose on said instrument promulgated by the Association. Electronic submission of said Voting Instruments shall also include an electronic transmission made through a secured exchange available through the Association’s website.
6.) Voting Instruments may also be mailed to the principal office address of the Association as listed on the Voting Instrument. If mailing, Voting Instruments must be received not later than one business day prior to the Election or Vote to which they pertain.
7.) Votes cast by proxy may only be cast in person by the proxy holder at.the meeting for which said proxy is effective.
EFFECTIVE DATE: 06/19/2016 i | Toe pate: O° 2Y- 2h Authorized Board Member Signature: E-mail Registration Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR §
FFECTIVE DATE: 06/19/2016 i | Toe pate: O° 2Y- 2h Authorized Board Member Signature: E-mail Registration Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § WHEREAS, The Encino Forest Home Owners Association, Inc., a Texas non-profit corporation (the “Association”) is charged with administering and enforcing the Declaration of Protective Covenants (the “Declaration”); WHEREAS, Section 209,0051(e)(2)(B) of the Texas Property Code provides that the Association may send the required notice of a meeting of the Association’s Board of Directors (the “Board”) by e-mail to each owner who has registered an e-mail address with the Association; WHEREAS, pursuant to Section 209.0051(f), it is an owner’s duty to keep an updated e-mail address registered with the Association; NOW THEREFORE, the Board has duly adopted the following “E-mail Registration Policy” (the “Policy”): 1.) An e-mail address shall be considered registered with the Association for the purposes of receiving notices pursuant to Section 209.0051 (e)(2)(B) when: (1) the owner has completed the registration form available at www.spectrumam.com that is required to gain online access to the Association’s website; and (2) the owner has received confirmation that said submission has been received and approved.
2.) For an owner to receive notices pursuant to Section 209.0051 (e)(2)(B), the registration form must be 3.) No other form of e-mail registration shall be accepted for the purpose of communicating notices under Section §209.0051(e)(2)(B) regardless of whether said e-mail address has been previously used for communications to or from the Association.
EFFECTIVE DATE: 06/19/2016 19/ _
ommunicating notices under Section §209.0051(e)(2)(B) regardless of whether said e-mail address has been previously used for communications to or from the Association.
EFFECTIVE DATE: 06/19/2016 19/ _ Authorized Board Member Signature: WU Date: 3° 24 - 26! b Drought-Resistant Landscaping and Natural Turf Guidelines for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of the Encino Forest Home Owners Association, Inc. and the Declaration of Protective Covenants, the Directors of the Encino Forest Home Owners Association, Inc., a Texas non-profit corporation (referred to as “Association”), adopt the following resolution: RE: Architectural Guidelines for Drought-Resistant Landscaping and Natural Turf WHEREAS: 1. The Texas Property Code Section 202.007 precludes associations from adopting or enforcing a prohibition that restricts an owner from using drought-resistant landscaping or water conserving natural turf; and 2. In the best interest of the Association in light of frequent and persistent drought conditions in the area, the Association desires to adopt the following guidelines.
BE IT RESOLVED THAT the Association’s supplementary guidelines on drought-resistant landscaping and water conserving natural turf are as follows: 1. In order to comply with Section 202.007 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines for the use of drought-resistant landscaping or water conserving natural turf: a. The Architectural Control Committee (ACC or ARC) will allow variances for xeriscaping as long as 25% of publicly visible area is covered with natural turf and all other guidelines below are met.
f: a. The Architectural Control Committee (ACC or ARC) will allow variances for xeriscaping as long as 25% of publicly visible area is covered with natural turf and all other guidelines below are met.
b. Homeowners must submit an Architectural Control Committee request or a request for a variance to the Architectural Control Committee (as applicable). The request must include details of the project and a design plan. Installation of the new xeriscaping cannot begin until the request has been approved.
Non-turf planted areas must be bordered to define the xeriscape areas clearly from turfed areas.
Xeriscape areas must be kept maintained at all times to ensure an attractive appearance. This includes trimming plants, keeping the area weed-free, and edging along borders.
No boulders or large rocks exceeding six inches (6") may be used on the narrow strips between sidewalks and the street curb.
No plants may encroach onto or over public sidewalks.
No plants with thorns, spines, or sharp edges can be used within six feet (6') of the sidewalks.
Urns, pots, and other manmade ornamentation cannot exceed four (4) items in public view.
No plants greater than twelve inches (12") in height should be planted in the sidewalk strip area.
Sickly and dying plants must be removed and replaced.
Perennials and ornamental grasses that die back in winter must be cut back to remove dead Bf ® pm Brag material.
. Xeriscaping - Xeriscaping means using native and adapted plants that grow and sustain themselves with low water requirements, and that can tolerate heat and drought conditions.
_ Ground Cover - If a request is granted, non-turf areas can contain decomposed granite, ground hardwood mulch, crushed limestone, flagstone, or other loose stone material for a ground cover. The
ons.
_ Ground Cover - If a request is granted, non-turf areas can contain decomposed granite, ground hardwood mulch, crushed limestone, flagstone, or other loose stone material for a ground cover. The ground cover must be maintained to prevent weed growth, preferably without using toxic or environmentally harmful chemicals. Paver stones may be used to create walkways. Concrete surfaces are limited to driveways and sidewalks only.
. Plants - Use plants adapted to the pH soil conditions created by the non-turf materials used. For example, don't use acid-loving plants along with alkaline crushed limestone. Acid-loving plants would do well with ground hardwood mulch. Native plants would do well with limestone or crusted granite. For public safety, no plants with thorns, spines, or sharp edges can be used within six feet (6') of the sidewalks. Also, no plants higher than twelve inches (12") may be planted in the sidewalk strip, as this constitutes a visual safety hazard to pedestrians and drivers.
_ Borders - Xeriscape areas must be surrounded by a border to clearly define the xeriscape areas from turfed areas. Borders can consist of metal edging or mortared masonry units. Masonry products include stone, clay brick pavers, or concrete masonry units manufactured as edging shapes. Any proposed masonry edging must receive approval of the Architectural Control Committee. All masonry products must be properly mortared in place to avoid displacement and weed encroachment or growth between masonry units. Brick masonry must be approved for color and type; if brick units are to be used they must be solid units, not those with holes, No "common" concrete blocks are permitted. If iron edging is used, it must be properly staked and set with top edge not more than two
its are to be used they must be solid units, not those with holes, No "common" concrete blocks are permitted. If iron edging is used, it must be properly staked and set with top edge not more than two inches (2”) above grade. Borders must be maintained as part of the landscaping, must be kept in attractive condition, and must be edged.
_ Turf Grasses - Homeowners should consider replacing "thirsty" turf grasses such as St. Augustine with turf that has lower water requirements. Good turf grasses for our area include Buffalo grass, Zoysia, and Bermuda. However, no one turf grass is ideal for all situations, so carefully consider the amount of sunlight your lawn receives before choosing a new turf grass.
. Hardscapes - Hardscapes can include large boulders or other natural materials that are used as part of xeriscape landscaping design. Urns, pots, and other man-made ornamentation can add variety, but are not to exceed four (4) items in public view. Any proposed landscape "decorative items" such as birdbaths, statuary, or other similar non-vegetative items must be approved in advance. No boulders ot large rocks exceeding six inches (6") may be used on the easement strips between the sidewalks and the street curb.
. Landscape Maintenance - Xeriscape areas are subject to the same maintenance requirements as other landscaping and must be maintained at all times to ensure an attractive appearance. Plants must be trimmed, beds must be kept weed-free, and borders must be edged. No plants may encroach on sidewalks, Sickly and dying plants must be removed and replaced. Perennials that die back during winter must be cut back to remove dead material. This includes most ornamental grasses and other
ach on sidewalks, Sickly and dying plants must be removed and replaced. Perennials that die back during winter must be cut back to remove dead material. This includes most ornamental grasses and other flowering perennials that go dormant to the ground in winter. Xeriscape areas are subject to the same maintenance requirements as other landscaping and must be maintained at all times to ensure an attractive appearance. Plants must be trimmed, beds must be kept weed-free, and borders must be edged. No plants may encroach on sidewalks. Sickly and dying plants must be removed and replaced. Perennials that die back during winter must be cut back to remove dead material. This includes most ornamental grasses and other flowering perennials that go dormant to the ground in winter.
9. To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
EFFECTIVE DATE: 06/19/2016 /] Date: 5 : 24 “ Dol Authorized Board Member Signature: Violation Enforcement Resolution for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of the Encino Forest Home Owners Association, Inc. (referred to as “Association”) and the Declaration of Protective Covenants, the Directors of the Encino Forest Home Owners Association, Inc., a Texas non-profit corporation, consent to the adoption of the following resolution: RE: Violation Enforcement Policy WHEREAS: 1. The Board of Directors is empowered to enforce the covenants, conditions and restrictions of the
tion, consent to the adoption of the following resolution: RE: Violation Enforcement Policy WHEREAS: 1. The Board of Directors is empowered to enforce the covenants, conditions and restrictions of the Covenants, Bylaws and any rules and regulations of the Association.
2, Itis the Board's duty to use its best efforts to assure that said enforcement occurs BE RESOLVED THAT: 1. The Board of Directors hereby adopts this Violation Enforcement Policy to establish equitable policies for the Association in compliance with the Chapter 209 of the Texas Property Code, titled the “Texas Residential Property Owners Protection Act,” as it may be amended (the “Act”). To the extent any provision within this policy is in conflict the Act or any other applicable law, such provision shall be modified to comply with the applicable law.
2. Allrules of the Association shall be enforced 3. The Violation Schedule (attached) shall be the Association’s policy of enforcement.
EFFECTIVE: 06/19/2016 Lib To 5-34-2016 Authorized Board Member Date Violation Schedule for the Encino Forest Home Owners Association, Inc.
Violation Procedure Sele Action Required Boe an ms me eT . : acon : Po Rog pees qin ees aa ee pa “application for extension. jo oe | 30 days to correct/if not corrected then sent Non-compliance & No.
application for extension Final Notice: Final notice per Section 209.006 of the Texas Property Code (sent via certified mail} | Non-compliance & No application for extension The Board of Directors may authorize the The Ba Attorney will work with owner to correct 2
209.006 of the Texas Property Code (sent via certified mail} | Non-compliance & No application for extension The Board of Directors may authorize the The Ba Attorney will work with owner to correct 2 account to be forwarded to the attorney. , * ree ‘the violation. — General Policy If a homeowner contacts management with the intent to correct a violation and asks for an extension, management shall grant such extension if it deems the extension reasonable. If the homeowner does not cure the violation after the extension period the homeowner shall immediately be referred to the Association’s attorney.
Attorney Procedure It is the option of the Board to decide when and if an account goes to the attorney. The decision to escalate an account to the attorney may be based on violation severity, prior violation history or other factors that may influence the Board of Director’s decision. Once an account is turned over to the attorney’s office the attorney will send the homeowner a letter of representation and a demand for compliance with the Association’s governing documents. If the homeowner does not respond the attorney shall pursue all available action to cure the violation through the court/legal system. If allowable by law and the Association’s Declaration of Covenants, all attorneys’ fees/court costs shall be the homeowner’s responsibility and shall be charged to the homeowners account and the money due shall be subject to the collection policy. If the amount due is not paid the attorney shall file a notice of lien.
Other: This policy may be amended and/or adjusted by the Board of Directors from time to time without notice. Homeowners are advised that they should contact the management company to request the most recent version of this policy if they have a
sted by the Board of Directors from time to time without notice. Homeowners are advised that they should contact the management company to request the most recent version of this policy if they have a question and/or need assistance in making payment arrangements.
Conflict of Interest Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of the Encino Forest Home Owners Association, Inc. and the Declaration of Protective Covenants, the Directors of the Encino Forest Home Owners Association, Inc., a Texas non-profit corporation (referred to as “Association”), adopt the following resolution: RE: Conflict of Interest Policy WHEREAS: 1. Section 209.0052 of the Texas Property Code adds limitations relating to an association contracting services from a board member, a board member’s Relative, a board member’s company, or a board member’s Relative’s company.
2. The Association’s Board of Directors (the “Board”) desires to establish a policy consistent with Section 209.0052.
BE IT RESOLVED THAT contracts causing a conflict of interest with a current Director will comply with the following: 1. For purposes of this policy, a Relative is a person related to a current Director within the third degree by consanguinity or affinity. For purposes of this policy, owned means that a person owns fifty-one percent (51%) or more.
2. The Association may enter into a contract with a current Director, a Relative of a current Director, a company Owned by a current Director, or a company Owned by a current Director’s Relative or any benefit above and beyond any benefit received by the entire membership of the community if: a. The Association has received at least two other competitive bids for the contract from
’s Relative or any benefit above and beyond any benefit received by the entire membership of the community if: a. The Association has received at least two other competitive bids for the contract from persons not associated with the Director, Relative, or company (if reasonably available); b. The applicable Director is not given access to the other bids, does not participate in any Board’s discussion regarding the contract, and does not vote on the award of the contract; c. The relationship concerning the applicable Director is disclosed to or known by the Board and the Board, in good faith and with ordinary care, authorizes the contract by affirmative vote of the majority of the Directors who do not have a conflict of interest, and d. The Board certifies by a resolution that the requirements of Section 209.0052 have been met.
3. A conflict of interest shall mean, any contract, transaction, or other action taken in the course of Association business that will benefit a current Director, a Relative of a current Director, a company Owned by a current Director, or a company Owned by a current Director’s Relative, or any benefit above and beyond any benefit received by the entire membership of the community.
4, The interest can be either direct or indirect.
The benefit is not limited to strictly monetary rewards (e.g. access to information for private gain).
6. Ifa conflict of interest is discovered after a decision has been made, the pertinent Director must notify the rest of the Board as soon as he or she is aware of a conflict.
7. The other board members must reexamine the issues with the new information in accordance with this policy.
8. Contracts entered into in violation of this policy are void and unenforceable.
onflict.
7. The other board members must reexamine the issues with the new information in accordance with this policy.
8. Contracts entered into in violation of this policy are void and unenforceable.
9. Acurrent Director with a conflict of interest will still be counted in determining whether a quorum exists.
10. The Board certifies through this resolution that the requirements of Section 209.0052 have been met.
vo EFFECTIVE DATE: 06/19/2016 bate: 5-24 - Def Authorized Board Member Signature: Guidelines for Land Use of Adjacent Lots for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of the Encino Forest Home Owners Association, Inc. and the Declaration of Protective Covenants, the Directors of the Encino Forest Home Owners Association, Inc., a Texas non-profit corporation (referred to as “Association”), adopt the following resolution: RE: Architectural Guidelines for Land Use of Adjacent Lots WHEREAS: 1.) Section 209.015 of the Texas Property Code restricts the Association from adopting or enforcing a provision in a dedicatory instrument that prohibits a resident's use of an adjacent lot for residential purposes including a garage, sidewalk, driveway, parking area, children's swing or playscape, fence, septic system, swimming pool, utility line, or water well, and the parking or storage of a recreational vehicle, if allowed by the dedicatory instruments; 2.) Pursuant to Section 209.015 of the Texas Property Code, the Board of Directors is permitted to adopt certain limitations on the land use of adjacent lots owned by a common owner.
BEIT RESOLVED THAT: 1.) In order to comply with Section 209.015 of the Texas Property Code, the Board of Directors of the
certain limitations on the land use of adjacent lots owned by a common owner.
BEIT RESOLVED THAT: 1.) In order to comply with Section 209.015 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines for Land Use of Adjacent Lots: a. Ifallowed by the dedicatory instruments, adjacent lots may be used for residential purposes such as a garage, sidewalk, driveway, parking area, children's swing or playscape, fence, septic system, swimming pool, utility line, or water well, and the parking or storage of a recreational vehicle; b. Anadjacent lot owned by a common owner to be used for a residential purpose is subject to approval of the Association or its Architectural Control Committee if such criteria is prescribed in the dedicatory instruments; c. When selling the lot, the owner must include the adjacent lot in the sale, restore the adjacent lot to the original condition before the addition of the improvements allowed hereunder, or sell the adjacent lot separately but only for the purpose of constructing a new residence that complies with the existing requirements in the dedicatory instruments.
2.) In the event of any conflict between these guidelines and any use restrictions contained in any governing documents of the Association, including design guidelines, policies and the Declaration, this Land Use for Adjacent Lots Policy controls.
EFFECTIVE DATE: 06/19/2016 Authorized Board Member Signature: Date: Electronic and Telephonic Action Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § This Membership Voting Policy for Encino Forest Home Owners Association, Inc. (the “Policy”) is
c Action Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § This Membership Voting Policy for Encino Forest Home Owners Association, Inc. (the “Policy”) is adopted by Encino Forest Home Owners Association, Inc. (the “Association”), a Texas Non-Profit Corporation.
WHEREAS, Section 209.0051(h) of the Texas Property Code was recently amended to allow the Board of Directors to take action outside of a meeting including voting by electronic or telephonic means without notice to the members; and WHEREAS, pursuant to Section 209.0051(h), the Association desires to enact uniform procedures to ensure that for electronic or telephonic voting, each Director has a reasonable opportunity to express his or her opinion to all other board members and to cast his or her vote; and WHEREAS, this Dedicatory Instrument represents Restrictive Covenants as those terms are defined by Texas Property Code 202.001, et. seq, and the Association shall have and may exercise discretionary authority with respect to these restrictive covenants; NOW, THEREFORE, the Board of Directors hereby adopts the following Electronic and Telephonic Action Policy: General Procedures: 1) Voting Quorum is defined as a majority of the Board positions currently filled.
2) Reasonable opportunity is defined as 72 hours.
3) Upon election to the Board of Directors, each Director has the responsibility to provide his or her preferred email address and phone number to the Association’s managing agent and/or all other current Board members, and has the responsibility to update the email address or phone number if their preferred contact information changes.
4) At any point in time a Director may request an alternate method of voting, The Board of
he responsibility to update the email address or phone number if their preferred contact information changes.
4) At any point in time a Director may request an alternate method of voting, The Board of Directors may provide a reasonable alternative method of voting such as email, phone, fax, mail or other method agreed upon by the Board of Directors and the requesting Director.
Email Procedures: 1) When a matter arises for a vote of the Board of Directors for which email voting is permitted, the managing agent and/or the requesting Director shall send an email to the email address of each Director. The email will state the proposal(s) being voted on and include any pertinent information or documents necessary for the decision to be made.
2) Each Director shall be entitled to reply to all other Directors and express his or her opinion on the proposal before casting his or her vote.
3) A vote shall be considered concluded upon any of the following occurrences: a. At least a majority of the Directors vote to approve the proposal, or b. A Voting Quorum respond with their vote and the majority of the Voting Quorum vote in agreement on the proposal, and each director has had a reasonable opportunity to respond to email request for vote.
Telephonic Procedures: 1) When a matter arises for a vote of the Board of Directors for which telephonic voting is permitted, the managing agent and/or the requesting Director shall contact each Director via provided contact information.
2) Each Director shall be informed of the proposal(s) being voted on and include any pertinent information for the decision to be made. A date, time and phone number shall be provided of when the vote will occur and allow for reasonable opportunity of review by each Director.
lude any pertinent information for the decision to be made. A date, time and phone number shall be provided of when the vote will occur and allow for reasonable opportunity of review by each Director.
3) During the telephonic conference, each Director must be able to hear and be heard by all other directors. Each Director shal! be entitled to reply to all other Directors and express his or her opinion’ on the proposal before casting his or her vote.
4) A vote shall be considered concluded upon any of the following occurrences: a, At least a majority of the Directors vote to approve the proposal, or b. A Voting Quorum respond with their vote and the majority of the Voting Quorum vote in agreement on the proposal, and each director has had a reasonable opportunity to respond to email request for vote.
All routine and administrative business of the Association may be conducted via email or phone as permissible by law.
EFFECTIVE DATE: 06/19/2016 inlets Authorized Board Member Signature: (mae Date: SB Z 4 ° 2a Standby Electric Generators Guidelines for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of Encino Forest Home Owners Association, Inc. (referred to as “Association”) and the Declaration of Protective Covenants, the Directors of Encino Forest Home Owners Association, Inc., a Texas non-profit corporation, consent to the adoption of the following resolution: RE: Architectural Guidelines for Standby Electric Generators WHEREAS: 1.) The Texas Property Code Chapter 202 Section 202.019 prohibits associations from adopting or enforcing certain prohibitions or restrictions on standby electric generators (SEG); and,
ators WHEREAS: 1.) The Texas Property Code Chapter 202 Section 202.019 prohibits associations from adopting or enforcing certain prohibitions or restrictions on standby electric generators (SEG); and, 2.) Pursuant to Section 202.019 of the Texas Property Code, the Board of Directors is permitted to adopt certain limitations on standby electric generators.
BE IT RESOLVED THAT: 1.) In order to comply with Section 202.019 of the Texas Property Code, the Board of Directors of the Association adopts the following guidelines for standby electric generator devices: a. The owner shall first apply to and receive written approval from the Association prior to installation of any SEG permitted by 202.019 that will be located outside of the main residential structure on the Property, in the same manner as all other submissions for approval or improvements to property.
b. The SEG must be installed by a licensed contractor in compliance with all applicable laws, governmental codes, and accepted standards, for all electrical, plumbing and fuel line connections.
c. The SEG must be installed and maintained to comply with zoning ordinances and governmental healthy, safety and other codes. Ifa component of the SEG or the SEG is deteriorated or unsafe then it shall be repaired, replaced or removed as appropriate.
d. The Association may restrict the location of the SEG within the guidelines of the law.
c. The Association may require the screening of SEG in public view and regulate the size, type, materials and manner of screening for SEG and systems that are visible from the street, another lot, or common area.
f There must be sufficient areas on the owner’s property to install the standby electric generator device.
screening for SEG and systems that are visible from the street, another lot, or common area.
f There must be sufficient areas on the owner’s property to install the standby electric generator device.
g. The generator must only be used when utility-generated power is not available or intermittent to the residence for a continuous period of 6 hours or more. Once power has been restored to the residence and has been available for a continuous period of two hours, the generator may no longer be used.
2.) In the event of any conflict between these provisions and any SEG device restrictions contained in any governing documents of the Association, including design guidelines, policies and the Declaration, this Standby Electric Generator policy controls.
EFFECTIVE DATE: 06/19/2016 Authorized Board Member Signature: ve fee Date: 5 ~ ad - 26k 6 Solar Energy Device Guidelines for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of Encino Forest Home Owners Association, Inc. (referred to as “Association”) and the Declaration of Protective Covenants, the Directors of Encino Forest Home Owners Association, Inc., a Texas non-profit corporation, consent to the adoption of the following resolution: RE: Architectural Guidelines for Solar Energy Devices WHEREAS: 1. The Texas Property Code Chapter 202 Section 202.010 precludes associations from adopting or enforcing a complete prohibition on solar energy devices; and 2. Pursuant to Section 202.010 of the Texas Property Code, the Board of Directors is permitted to adopt certain limitations on solar energy devices.
BE IT RESOLVED THAT: 1. In order to comply with Section 202.010 of the Texas Property Code, the Board of Directors of the
f Directors is permitted to adopt certain limitations on solar energy devices.
BE IT RESOLVED THAT: 1. In order to comply with Section 202.010 of the Texas Property Code, the Board of Directors of the Association hereby repeals any and all prior restrictions on solar energy devices contained in any governing document of the Association which are inconsistent with the new law, and adopts the following guidelines to govern solar energy devices.
a. Solar panels may be approved by the architectural review committee, but prior to installation you must obtain written approval from the architectural review committee; b. Unless there is supplied documentation stating that the energy production of the solar panel will be compromised by more than ten percent the solar panel must be placed on the rear facing portion of the roof, or may be placed on the rear facing portion of another approved structure; c. The solar panel may not be higher or wider than any flat portion of the roof with where it is attached. The top edge of the solar panel must be parallel with the roofline, or if the roofline is at an angle in must be parallel with the bottom portion of the roof. The solar panel must also conform to the slope of the roofline; d. Ifthe solar panel will be located anywhere on the lot other than a roof of the home or other approved structure the solar panel must be located below the fence line; e. The color of the solar panel frames, brackets, wires and pipes must be included with the improvement request.
2. In the event of any conflict between these provisions and any solar energy device restrictions contained in any governing documents of the Association, including design guidelines, policies and the Declaration, this Solar Energy Device Policy controls.
EFFECTIVE DATE: 06/19/2016
ce restrictions contained in any governing documents of the Association, including design guidelines, policies and the Declaration, this Solar Energy Device Policy controls.
EFFECTIVE DATE: 06/19/2016 Date: h; 24° 2All, Authorized Board Member Signature: Assessment Collection Policy for the Encino Forest Home Owners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Pursuant to the Bylaws of the Encino Forest Home Owners Association, Inc. referenced above (referred to as “Association”) and the Declaration of Protective Covenants, the Directors of the Encino Forest Home Owners Association, Inc., a Texas non-profit corporation, consent to the adoption of the following resolution: RE: Assessment Collections Policy WHEREAS: 1. Pursuant to Chapter 209 of the Texas Property Code, the Board of Directors of the Association hereby adopts this policy for the purposes of establishing a uniform and systematic procedure to collect assessments and other charges of the Association; and 2, The Association’s economic well-being relies on the timely payment of assessments and other allowable charges.
3. Itis the Board’s duty to use its best efforts to collect funds owed to the Association.
BE RESOLVED THAT: 1. Amounts payable to the Association include, but are not limited to, regular assessments, special assessments, rules enforcement fees, repairs to the common areas that are an owner’s responsibility, the cost of collection including but not limited to late fees, administrative fees, legal fees and other costs associated with collection of funds on behalf of the Association.
2. The procedures in the Assessment Collection Schedule (attached) shall be the assessment collection policy of the Association and shall be enforced.
eee EFFECTIVE DATE: -06/19/204+-6— July ( dal — .
2. The procedures in the Assessment Collection Schedule (attached) shall be the assessment collection policy of the Association and shall be enforced.
eee EFFECTIVE DATE: -06/19/204+-6— July ( dal — .
Authorized Board Member Signature: Date: 5- 24 . 2al 6 Encino Forest Home Owners Association Schedule of Collection Procedures / Collection Policy Collection Action * Late Charge Administrative Fee Other Fees 1 Notice: Courtesy Notice Per governing documents | $20 N/A 30 Days 24 Notice: Notice of intent to hand Per governing documents [20 N/A deliver 60 Days 3" Notice: Notice to hand deliver Per governing documents | $20 $60 Hand Delivery charged to 90 days owner’s account 4 Notice: Notice to Turnover to Per governing documents | $° $150 Escalated Property Collection Agent/Attorney (sent by Processing fee charged to certified mail) 120 days owner’s account.
Board Approval needed to send to Per Property Code 209 $20 $30 Statutory Notice fee attorney charged to owner’s account 209 Notice: 30 day cure notice is sent to prior to account being sent to Sent to attorney Per governing documents | $20 $90 fee to process file to third party debt collector. Owner is responsible for all attorneys’ fees/court costs paid by and/or L. charged to the Association.
* Collection Action: The first notice is sent after the late date per the governing documents. The second and subsequent notices are sent roughly thirty days apart from each other each requiring a payment due date before the next step in the collection process takes place. If a homeowner pays in full before the payment due date then collection action will cease on that homeowners account.
Priority of Payments: Interest shall bear on a late account per the governing documents of the Association. Payment on a
payment due date then collection action will cease on that homeowners account.
Priority of Payments: Interest shall bear on a late account per the governing documents of the Association. Payment on a delinquent account shall be applied first to delinquent assessment, current assessments, attorney’s fees, fines and last to other amounts owed such as collection fee, late fees and interest.
General Policy: All fees/charges paid by the Association in connection with the collection of a homeowner’s account shall be reimbursed by the homeowner. “Non sufficient funds” (NSF) and/or “stop payment” checks shall be assessed a charge of $25.00 paid to Spectrum and reimbursed by the homeowner.
The monthly ($20) collection fee is charged to the homeowners account each month the account remains delinquent and is paid to Spectrum when the homeowner pays. The ($90) processing fee (if applicable) and the ($150) notice of lien fee (if applicable) are paid to Spectrum when the service is rendered and charged to the homeowners account for reimbursement of charges incurred.
Payment Plans: Payment plans shall be approved by management for extenuating circumstances and/or at management’s discretion. Homeowners shall be required to sign an agreement and abide by it. If a homeowner does not abide by the agreement, then the homeowner shall be immediately turned over the Association’s attorney for collection unless management decides to waive this provision because of extenuating circumstances.
Collection of Account by HOA Attorney: Once an account is turned over to the association’s attorney all methods of collection shall be pursued. If the homeowner does not respond to the attorney’s demand letter a lawsuit shall be filed and a
nce an account is turned over to the association’s attorney all methods of collection shall be pursued. If the homeowner does not respond to the attorney’s demand letter a lawsuit shall be filed and a judgment obtained. If the homeowner fails to respond to the aforementioned action by making payment in full or by signing an approved payment plan then the home shall be foreclosed in accordance with the governing documents and the current state law. Once the home is foreclosed the Association shall move to evict the residents, collect payment for rent, and/or sell the home in accordance with state law.
Other: This policy may be amended and/or adjusted by the Board of Directors from time to time without notice. Homeowners are advised that they should contact the management company to request the most recent version of this policy if they have a question and/or need assistance in making payment arrangements.
Any provis'on herein whic h rests cts the sale, cr usa of the descrived real property because of race is invaiid and unenforceable under Federal law STATE GF TEXAS, COSNTY OF BEXAR | hereby Certify that this instrument was FILED in File Number Sequence en his date and at the time stamiped hereon by me and was ily RECORDED in {he Official Public Record of Rea! Property of Boxar County, Texas on: JUN 08 2016 Doc# 20160107078 Fees: $134.00 06/08/2016 11:01AM # Pages 28 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK