EVOLV EAST COMMUNITY MANUAL COUNTY OF TRAVIS FILED AND RECORDED OFFICIAL PUBLIC RECORDS Dana De Beauvoir Dana DeBeauvoir, County Clerk Travis County, Texas Fee: $202.00 Jun 29, 2020 08:40 AM 2020108259 *Electronicclarant Recorded* CANTEGRA TILLERY, LLC, a Texas limited liability company, as the under that certain Declaration of Condominium Regime for Evolv East, recorded as Document Number 2020107867 in the Official Public Records of Travis County, Texas (the "Declaration"), certifies that the following exhibits attached hereto were adopted for the benefit of Evolv East Homeowners Association, Inc., a Texas non-profit corporation (the "Association”): Exhibit A-Certificate of Formation of the Association Exhibit B - Bylaws of the Association Exhibit C - Initial Rules and Regulations of the Association Exhibit D-Assessment Collection Policy of the Association Exhibit E Fine and Enforcement Policy of the Association Exhibit F Mold Policy of the Association All capitalized terms used herein (including the Exhibits attached hereto) shall have the same meanings as given to them in the Declaration.
EXECUTED as of the date set forth below.
CANTEGRA TILLERY, LLC, a Texas limited liability company By: Shaun Ryan, Manager STATE OF TEXAS COUNTY OF TRAVIS cos cos cos This instrument was acknowledged before me this 22 day of June 2020 by Shaun Ryan, as Manager of CANTEGRA TILLERY, LLC, a Texas limited liability company, on behalf of said limited liability company.
(SEAL) STATE PUBLIC OF KELLY MOSLEY My Notary ID # 128958047 Expires April 13, 2024 Kelly Mosley [Notary Public, State of EVOLV EAST COMMUNITY MANUAL CANTEGRA TILLERY, LLC, a Texas limited liability company, as the "Declarant"
otary ID # 128958047 Expires April 13, 2024 Kelly Mosley [Notary Public, State of EVOLV EAST COMMUNITY MANUAL CANTEGRA TILLERY, LLC, a Texas limited liability company, as the "Declarant" under that certain Declaration of Condominium Regime for Evolv East, recorded as Document Number 2020107867 in the Official Public Records of Travis County, Texas (the "Declaration"), certifies that the following exhibits attached hereto were adopted for the benefit of Evolv East Homeowners Association, Inc., a Texas non-profit corporation (the "Association"): Exhibit A Certificate of Formation of the Association Exhibit B Bylaws of the Association Exhibit C – Initial Rules and Regulations of the Association Exhibit D-Assessment Collection Policy of the Association Exhibit E- Fine and Enforcement Policy of the Association Exhibit F-Mold Policy of the Association All capitalized terms used herein (including the Exhibits attached hereto) shall have the same meanings as given to them in the Declaration.
EXECUTED as of the date set forth below.
CANTEGRA TILLERY, LLC, a Texas limited liability company By: have Shaun Ryan, Manager STATE OF TEXAS COUNTY OF TRAVIS cos cos cos This instrument was acknowledged before me this 22 day of.
2020 by Shaun Ryan, as Manager of CANTEGRA TILLERY, LLC, a Texas limited liability company, on behalf of said limited liability company.
(SEAL) STATE PUBLIC TEXAS KELLY MOSLEY My Notary ID # 128958047 Expires April 13, 2024 Kelly Mosher Notary Public, State of Texas June EXHIBIT A CERTIFICATE OF FORMATION [See Attached] 2 CERTIFICATE OF FORMATION FILED In the Office of the Secretary of State of Texas APR 17 2020 OF EVOLVE EAST HOMEOWNERS ASSOCIATION, INC. Corporations Section
A CERTIFICATE OF FORMATION [See Attached] 2 CERTIFICATE OF FORMATION FILED In the Office of the Secretary of State of Texas APR 17 2020 OF EVOLVE EAST HOMEOWNERS ASSOCIATION, INC. Corporations Section The undersigned natural person, being of the age of eighteen (18) years or more, a citizen of the State of Texas, acting as incorporator of a corporation under the Texas Business Organizations Code, does hereby adopt the following Certificate of Formation for such corporation: ARTICLE I NAME The name of the corporation is: Evolve East Homeowners Association, Inc. (hereinafter called the "Association").
ARTICLE II NONPROFIT CORPORATION The Association is a nonprofit corporation.
ARTICLE III DURATION The Association shall exist perpetually.
ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION The Association is organized in accordance with, and shall operate for nonprofit purposes pursuant to, the Texas Business Organizations Code, and does not contemplate pecuniary gain or profit to its members. In furtherance of its purposes, the Association shall have the following powers which, unless indicated otherwise by this Certificate of Formation, that certain Declaration of Condominium Regime for Evolve East which is to be recorded in the Official Public Records of Travis County, Texas, as the same may be amended from time to time (the "Declaration"), the Bylaws of the Association (the "Bylaws”), or Texas law, may be exercised by the Board of Directors: (a) all rights and powers conferred upon nonprofit corporations by Texas law in effect from time to time; (b) all rights and powers conferred upon condominium associations by Texas law, including the Act, in effect from time to time, provided, however, that the Association shall not
ect from time to time; (b) all rights and powers conferred upon condominium associations by Texas law, including the Act, in effect from time to time, provided, however, that the Association shall not have the power to institute, defend, intervene in, settle or compromise proceedings in the name of any Owner as provided in Section 82.102(a)(4) of the Act; and 1 (c) all powers necessary, appropriate, or advisable to perform any purpose or duty of the Association as set out in this Certificate of Formation, the Bylaws, the Declaration, or Texas law.
ARTICLE V REGISTERED OFFICE; REGISTERED AGENT The street address of the initial registered office of the Association is 11149 Research Blvd., Suite 100, Austin, Texas 78759. The name of its initial registered agent at such address is Goodwin Management, Inc.
ARTICLE VI MEMBERSHIP Membership in the Association shall be determined by the Declaration.
ARTICLE VII VOTING RIGHTS Voting rights of the members of the Association shall be determined as set forth in the Declaration. Notwithstanding the foregoing, cumulative voting is not permitted.
ARTICLE VIII INCORPORATOR The name and street address of the incorporator is: NAME Mary Stratmann ARTICLE IX ADDRESS 2705 Bee Cave Road, Suite 200 Austin, Texas 78746 BOARD OF DIRECTORS The affairs of the Association shall be managed by an initial Board of Directors consisting of three (3) individuals. The Board shall fulfill all of the functions of, and possess all powers granted to, Boards of Directors for nonprofit corporations pursuant to the Texas Business Organizations Code. The number of Directors of the Association may be increased in accordance with the Bylaws. The names and addresses of the persons who are to act in the capacity of initial
Business Organizations Code. The number of Directors of the Association may be increased in accordance with the Bylaws. The names and addresses of the persons who are to act in the capacity of initial Directors until the selection of their successors are: NAME Shaun Ryan ADDRESS 12400 Hwy 71 West, #350, Box 359, Austin, Texas 78738 (00177895.2} 2 Kimberly Ryan Marcelino Caro 12400 Hwy 71 West, #350, Box 359, Austin, Texas 78738 10408 Peekston Drive Austin, Texas 78726 All of the powers and prerogatives of the Association shall be exercised by the initial Board of Directors named above until the first annual meeting of the Association.
ARTICLE X LIMITATION OF DIRECTOR LIABILITY A director of the Association shall not be personally liable to the Association for monetary damages for any act or omission in his capacity as a director, except to the extent otherwise expressly provided by a statute of the State of Texas. Any repeal or modification of this Article X shall be prospective only, and shall not adversely affect any limitation of the personal liability of a director of the Association existing at the time of the repeal or modification.
ARTICLE XII DISSOLUTION Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes substantially similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such substantially similar purposes.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand this ) 5th April 2020.
мему Mary Stratmann day of
tion, trust, or other organization to be devoted to such substantially similar purposes.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand this ) 5th April 2020.
мему Mary Stratmann day of Stratmann (00177895.2} 3 Form 403 (Revised 05/11) Submit in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555 FAX: 512/463-5709 Filing Fee: $15 STAT Certificate of Correction Entity Information This space reserved for office use.
1. The name of the filing entity is: Evolve East Homeowners Association, Inc.
State the name of the entity as currently shown in the records of the secretary of state. If the certificate of correction corrects the name of the entity, state the present name and not the name as it will be corrected.
The file number issued to the filing entity by the secretary of state is: 803604385 Filing Instrument to be Corrected 2. The filing instrument to be corrected is: Certificate of Formation The date the filing instrument was filed with the secretary of state: 04/17/2020 mm/dd/yyyy Identification of Errors and Corrections (Indicate the errors that have been made by checking the appropriate box or boxes; then provide the corrected text.)
✓ The entity name is inaccurate or erroneously stated. The corrected entity name is: Evolv East Homeowners Association, Inc.
The registered agent name is inaccurate or erroneously stated. The corrected registered agent name is: Corrected Registered Agent (Complete either A or B, but not both.)
A. The registered agent is an organization (cannot be entity named above) by the name of: OR B. The registered agent is an individual resident of the state whose name is: First Middle Last Name Suffix The person executing this certificate of correction affirms that the registered agent, whose name is
egistered agent is an individual resident of the state whose name is: First Middle Last Name Suffix The person executing this certificate of correction affirms that the registered agent, whose name is being corrected by this certificate, consented to serve as registered agent at the time the filing instrument being corrected took effect.
Form 403 4 ☐ The registered office address is inaccurate or erroneously stated. The corrected registered office address is: Corrected Registered Office Address Street Address (No P.O. Box) City TX State Zip Code The purpose of the entity is inaccurate or erroneously stated. The purpose is corrected to read as follows: The period of duration of the entity is inaccurate or erroneously stated.
The period of duration is corrected to read as follows: Identification of Other Errors and Corrections (Indicate the other errors and corrections that have been made by checking and completing the appropriate box or boxes.)
Other errors and corrections. The following inaccuracies and errors in the filing instrument are corrected as follows: Add Each of the following provisions was omitted and should be added to the filing instrument.
The identification or reference of each added provision and the full text of the provision is set forth below.
Alter The following identified provisions of the filing instrument contain inaccuracies or errors to be corrected. The full text of each corrected provision is set forth below: Delete Each of the provisions identified below was included in error and should be deleted.
Form 403 5 Defective Execution acknowledged or verified.
instrument.
The filing instrument was defectively or erroneously signed, sealed, Attached is a correctly signed, sealed, acknowledged or verified Statement Regarding Correction
knowledged or verified.
instrument.
The filing instrument was defectively or erroneously signed, sealed, Attached is a correctly signed, sealed, acknowledged or verified Statement Regarding Correction The filing instrument identified in this certificate was an inaccurate record of the event or transaction evidenced in the instrument, contained an inaccurate or erroneous statement, or was defectively or erroneously signed, sealed, acknowledged or verified. This certificate of correction is submitted for the purpose of correcting the filing instrument.
Correction to Merger, Conversion or Exchange The filing instrument identified in this certificate of correction is a merger, conversion or other instrument involving multiple entities. The name and file number of each entity that was a party to the transaction is set forth below. (If the space provided is not sufficient, include information as an attachment to this form.)
Entity name Entity name Effectiveness of Filing SOS file number SOS file number After the secretary of state files the certificate of correction, the filing instrument is considered to have been corrected on the date the filing instrument was originally filed except as to persons adversely affected. As to persons adversely affected by the correction, the filing instrument is considered to have been corrected on the date the certificate of correction is filed by the secretary of state.
Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument.
Date: 6/8/20 Form 403 By: Mary Sor Mans Stratmann
rtifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument.
Date: 6/8/20 Form 403 By: Mary Sor Mans Stratmann Signature of authorized person Mary Stratmann Printed or typed name of authorized person (see instructions) 6 EXHIBIT B BYLAWS EVOLV EAST HOMEOWNERS ASSOCIATION, INC.
ARTICLE 1 INTRODUCTION 1.1. Property. These Bylaws of Evolv East Homeowners Association, Inc., a Texas nonprofit corporation, provide for the governance of the condominium regime known as Evolv East, established on certain real property located in Travis County, Texas (the "Property”), as more particularly described in that certain Declaration of Condominium Regime for Evolv East, recorded in the Official Public Records of Travis County, Texas, under the Document Number set forth on the first page of this Community Manual (as the same may be amended from time to time, the "Declaration”).
1.2. Parties to Bylaws. All present or future Owners of Units and all other persons who use or occupy the Property in any manner are subject to these Bylaws, the Declaration, and the other Documents as defined in the Declaration. The mere acquisition or occupancy of a Unit will signify that these Bylaws are accepted, ratified, and will be strictly followed.
1.3. Nonprofit Purpose. The Association is organized to be a nonprofit corporation.
1.4. Declarant Control. Notwithstanding anything to the contrary in these Bylaws, a number of provisions are modified by the Declarant's reservations in Appendix A of the Declaration during the Declarant Control Period and the Development Period, as defined in the Declaration, including the number, qualification, appointment, removal, and replacement of directors.
the Declaration during the Declarant Control Period and the Development Period, as defined in the Declaration, including the number, qualification, appointment, removal, and replacement of directors.
1.5. General Powers and Duties. The Association, acting through the Board, has the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the Property as may be required or permitted by the Documents and Applicable Law. The Association may do any and all things that are lawful and which are necessary, proper, or desirable in operating for the best interests of its Members, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Documents.
ARTICLE 2 BOARD OF DIRECTORS During the Declarant Control Period, Appendix A of the Declaration governs the number, qualification, and appointment of directors. During the Declarant Control Period, Directors appointed by the Declarant need not be Owners. Directors appointed by the Declarant may not be removed by the Owners and need not comply with the qualifications set forth in Section 2.2 below. Directors appointed by the Declarant may be removed by Declarant only and are not subject to removal pursuant to Section 2.5 below. During the Declarant Control Period, Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.
3 2.1. Number and Term of Office. The Board will consist of three (3) persons. One director will be elected for a three (3) year term, one director will be elected for a two (2) year term, and one director will be elected for a one (1) year term. After the initial terms, all future
director will be elected for a three (3) year term, one director will be elected for a two (2) year term, and one director will be elected for a one (1) year term. After the initial terms, all future terms shall be three (3) years. A director takes office upon the adjournment of the meeting or balloting at which he is elected or appointed and, absent death, ineligibility, resignation, or removal, will hold office until his successor is elected or appointed. The number of directors may be changed by amendment of these Bylaws, but may not be less than three (3).
2.2. Qualification. The following qualifications apply to the election or appointment of persons to the Board.
2.2.1. Owners. At least a Majority of the directors must be Members of the Association or spouses of Members.
2.2.2. Entity Member. If a Unit is owned by a legal entity, such as a partnership or corporation, any officer, partner, agent, or employee of that entity Member is eligible to serve as a director and is deemed to be a Member for the purposes of this Section. If the relationship between the entity Member and the director representing it terminates, that directorship will be deemed vacant.
2.2.3. Delinquency. No person may be elected or appointed as a director if any assessment or fine against the person or his Unit is delinquent at the time of election or appointment, provided he has been given notice of the delinquency and a reasonable opportunity to cure the delinquency.
2.2.4. Litigation. No person may be elected or appointed as a director if the person is a party adverse to the Association or the Board in pending litigation to which the Association or the Board is a party.
2.3. Election. Directors will be elected by the Members of the Association. The election
adverse to the Association or the Board in pending litigation to which the Association or the Board is a party.
2.3. Election. Directors will be elected by the Members of the Association. The election of directors will be conducted at the annual meeting of the Association, at any special meeting called for that purpose, or by mail, facsimile transmission, electronic mail, or a combination of any of these.
2.4. Vacancies. Vacancies on the Board caused by any reason, except the removal of a director by a vote of the Association, are filled by a vote of the Majority of the remaining directors, even though less than a quorum, at any meeting of the Board. Each director so elected serves until the next meeting of the Association, at which time a successor will be elected to fill the remainder of the term.
2.5. Removal of Directors.
2.5.1. Removal by Members. At any annual meeting or special meeting of the Association, any one or more of the directors may be removed with or without cause by Members representing at least two-thirds (2/3) of the votes present in person or by proxy at the meeting, and a successor may then and there be elected to fill the vacancy thus 4 created. Any director whose removal has been proposed by the Members must be given an opportunity to be heard at the meeting.
2.5.2. Removal by Directors. A director may not be removed by the officers or by the remaining directors, except for the following limited reasons for which a director may be removed by at least a Majority of the other directors at a meeting of the Board called for that purpose: (i) (ii) (iii) (iv) The director is a party adverse to the Association or the Board in pending litigation to which the Association or the Board is a party; provided the
Board called for that purpose: (i) (ii) (iii) (iv) The director is a party adverse to the Association or the Board in pending litigation to which the Association or the Board is a party; provided the Association did not file suit to effect removal of the director.
The director's account with the Association has been delinquent for at least ninety (90) days or has been delinquent at least three (3) times during the preceding twelve (12) months; provided he was given notice of the default and a reasonable opportunity to cure.
The director has refused or failed to attend three (3) or more meetings of the Board during the preceding twelve (12) months; provided he was given proper notice of the meetings.
The director has refused or failed to cure a violation of the Documents for which he has been given notice, a reasonable opportunity to cure, and an opportunity to request a hearing before the Board.
2.6. Meetings of the Board.
2.6.1. Organizational Meeting of the Board. Within ten (10) days after the annual meeting, the directors will convene an organizational meeting for the purpose of electing officers. The time and place of the meeting will be fixed by the Board and announced to the directors.
2.6.2. Regular Meetings of the Board. Regular meetings of the Board may be held at a time and place that the Board determines, from time to time, but at least one (1) such meeting must be held annually. Notice of regular meetings of the Board will be given to each director, personally or by telephone, written, or electronic communication, at least three (3) days prior to the date of the meeting.
2.6.3. Special Meetings of the Board. Special meetings of the Board may be called by the president or, if he is absent or refuses to act, by the secretary, or by any two (2)
o the date of the meeting.
2.6.3. Special Meetings of the Board. Special meetings of the Board may be called by the president or, if he is absent or refuses to act, by the secretary, or by any two (2) directors. At least three (3) days' notice will be given to each director, personally or by telephone, written, or electronic communication, which notice must state the place, time, and purpose of the meeting.
2.6.4. Emergency Meetings. In case of an emergency, the Board may convene a meeting after making a diligent attempt to notify each director by any practical method.
5 2.6.5. Conduct of Meetings. The president presides over meetings of the Board and the secretary keeps, or causes to be kept, a record of resolutions adopted by the Board and a record of transactions and proceedings occurring at meetings. When not in conflict with law or the Documents, the then current edition of Robert's Rules of Order governs the conduct of the meetings of the Board.
2.6.6. Quorum. At meetings of the Board, a Majority of Directors constitutes a quorum for the transaction of business, and the acts of the Majority of the Directors present at a meeting at which a quorum is present are the acts of the Board. If less than a quorum is present at a meeting of the Board, the Majority of those present may adjourn the meeting from time to time. At any reconvened meeting at which a quorum is present, any business that may have been transacted at the meeting as originally called may be transacted without further notice. Directors may not participate by proxy at meetings of the Board.
2.6.7. Open Meetings. Regular and special meetings of the Board are open to Members of the Association, subject to the following provisions to the extent permitted or required by the Act: (i) (ii) (iii)
6.7. Open Meetings. Regular and special meetings of the Board are open to Members of the Association, subject to the following provisions to the extent permitted or required by the Act: (i) (ii) (iii) No audio or video recording of the meeting may be made, except by the Board or with the Board's prior express consent.
Members who are not Directors may not participate in Board deliberations under any circumstances, and may not participate in Board discussions unless the Board expressly so authorizes at the meeting.
The Board may adjourn any meeting and reconvene in executive session to discuss and vote on personnel matters, litigation in which the Association is or may become involved, and orders of business of a similar or sensitive nature. The nature of business to be considered in executive session will first be announced in open session.
The Board may prohibit attendance by non-Members, including representatives, proxies, agents, and attorneys of Members.
(iv) (v) The Board may prohibit attendance by any Member who disrupts meetings or interferes with the conduct of Board business.
(vi) The Board may but is not required to publish to Members the time, date, and place of Board meetings, but will provide the information if requested in writing by a Member on a meeting by meeting basis.
2.6.8. Telephone Meetings. Members of the Board or any committee of the Association may participate in and hold meetings of the Board or committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in such meeting constitutes presence in person at the meeting, except where a person participates in the meeting for the 6
participating in the meeting can hear each other. Participation in such meeting constitutes presence in person at the meeting, except where a person participates in the meeting for the 6 express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
2.6.9. Action without a Meeting. Any action required or permitted to be taken by the Board at a meeting may be taken without a meeting, if all Directors individually or collectively consent in writing to such action. The written consent must be filed with the minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote. This Section does not apply to actions that require meetings under the Act.
2.7. Liabilities and Standard of Care. In performing their duties, the directors are required to exercise certain standards of care and are subject to certain liabilities, including but not limited to the following provisions of State law: Section 82.103(a) and (f) of the Act, and Sections 3.102, 3.105, 22.221, 22.223, 22.224, 22.225, 22.226, 22.227 and 22.230 of the Texas Business Organizations Code.
2.8. Powers and Duties. The Board has all the powers and duties necessary for the administration of the Association and for the operation and maintenance of the Property. The Board may do all acts and things except those which, by law or the Documents, are reserved to the Members and may not be delegated to the Board. Without prejudice to the general and specific powers and duties set forth in laws or the Documents, or powers and duties as may hereafter be imposed on the Board by resolution of the Association, the powers and duties of the Board include, but are not limited to, the following:
aws or the Documents, or powers and duties as may hereafter be imposed on the Board by resolution of the Association, the powers and duties of the Board include, but are not limited to, the following: 2.8.1. Appointment of Committees. The Board, by resolution, may from time to time designate standing or ad hoc committees to advise or assist the Board with its responsibilities. The resolution may establish the purposes and powers of the committee created, provide for the appointment of a chair and committee Members, and may provide for reports, termination, and other administrative matters deemed appropriate by the Board.
Members of committees will be appointed from among the Owners and Occupants.
2.8.2. Manager. The Board may employ a manager or managing agent for the Association, at a compensation established by the Board, to perform duties and services authorized by the Board.
2.9. Fidelity Bonds. Any person handling or responsible for Association funds, including officers, agents, and employees of the Association, must furnish adequate fidelity bonds. The premiums on the bonds may be a common expense of the Association.
ARTICLE 3 OFFICERS 3.1. Designation. The principal officers of the Association are the president, the secretary, and the treasurer. The Board may appoint one (1) or more vice-presidents and other officers and assistant officers as it deems necessary. The president and secretary must be directors. Other officers may, but need not, be Members or directors. Any two (2) offices may be held by the same 7 person, except the offices of president and secretary. If an officer is absent or unable to act, the Board may appoint a director to perform the duties of that officer and to act in place of that officer, on an interim basis.
s of president and secretary. If an officer is absent or unable to act, the Board may appoint a director to perform the duties of that officer and to act in place of that officer, on an interim basis.
3.2. Election of Officers. The officers are elected no less than annually by the directors at the organizational meeting of the Board and hold office at the pleasure of the Board. Except for resignation or removal, officers hold office until their respective successors have been designated by the Board.
3.3. Removal and Resignation of Officers. A Majority of directors may remove any officer, with or without cause, at any regular meeting of the Board or at any special meeting of the Board called for that purpose. A successor may be elected at any regular or special meeting of the Board called for that purpose. An officer may resign at any time by giving written notice to the Board. Unless the notice of resignation states otherwise, it is effective when received by the Board and does not require acceptance by the Board. The resignation or removal of an officer who is also a director does not constitute resignation or removal from the Board.
3.4. Standard of Care. In performing their duties, the officers are required to exercise the standards of care provided by Section 82.103(a) and (f) of the Act and by Section 3.105 of the Texas Business Organizations Code.
3.5. Description of Principal Offices.
3.5.1. President. As the chief executive officer of the Association, the president: (i) presides at all meetings of the Association and of the Board; (ii) has all the general powers and duties which are usually vested in the office of president of a corporation organized under the laws of the State of Texas; (iii) has general supervision, direction, and
has all the general powers and duties which are usually vested in the office of president of a corporation organized under the laws of the State of Texas; (iii) has general supervision, direction, and control of the business of the Association, subject to the control of the Board; and (iv) sees that all orders and resolutions of the Board are carried into effect.
3.5.2. Secretary. The secretary: (i) keeps the minutes of all meetings of the Board and of the Association; (ii) has charge of such books, papers, and records as the Board may direct; (iii) maintains a record of the names and addresses of the Members for the mailing of notices; and (iv) in general, performs all duties incident to the office of secretary.
3.5.3. Treasurer. The treasurer: (i) is responsible for Association funds; (ii) keeps full and accurate financial records and books of account showing all receipts and disbursements; (iii) prepares all required financial data and tax returns; (iv) deposits all monies or other valuable effects in the name of the Association in depositories as may from time to time be designated by the Board; (v) prepares the annual and supplemental budgets of the Association; (vi) reviews the accounts of the managing agent on a monthly basis in the event a managing agent is responsible for collecting and disbursing Association funds; and (vii) performs all the duties incident to the office of treasurer.
3.6. Authorized Agents. Except when the Documents require execution of certain instruments by certain individuals, the Board may authorize any person to execute instruments on 8 behalf of the Association. In the absence of Board designation, the president and the secretary are the only persons authorized to execute instruments on behalf of the Association.
ARTICLE 4
177896.3} behalf of the Association. In the absence of Board designation, the president and the secretary are the only persons authorized to execute instruments on behalf of the Association.
ARTICLE 4 MEETINGS OF THE ASSOCIATION 4.1. Annual Meeting. An annual meeting of the Association will be held once during each twelve (12) month period on a date and at a time determined by the Board. At each annual meeting the Members will elect directors in accordance with these Bylaws. The Members may also transact such other business of the Association as may properly come before them.
4.2. Special Meetings. It is the duty of the president to call a special meeting of the Association if directed to do so by a Majority of the Board or by a petition signed by Owners of at least thirty percent (30%) of the Units. The meeting must be held within thirty (30) days after the Board resolution or receipt of petition. The notice of any special meeting must state the time, place, and purpose of the meeting. No business, except the purpose stated in the notice of the meeting, may be transacted at a special meeting.
4.3. Place of Meetings. Meetings of the Association may be held at the Property or at a suitable place convenient to the Members, as determined by the Board.
4.4. Notice of Meetings. At the direction of the Board, written notice of meetings of the Association will be given to an Owner of each Unit at least ten (10) days but not more than sixty (60) days prior to the meeting. Notices of meetings will state the date, time, and place the meeting is to be held. Notices will identify the type of meeting as annual or special, and will state the particular purpose of a special meeting. Notices may also set forth any other items of information deemed appropriate by the Board.
dentify the type of meeting as annual or special, and will state the particular purpose of a special meeting. Notices may also set forth any other items of information deemed appropriate by the Board.
4.5. Ineligibility. The Board may determine that no Member may vote at meetings of the Association if the Member's financial account with the Association is in arrears forty-five (45) days before the date of a meeting of the Association at which Members will vote, provided each ineligible Member is given notice of the arrearage and an opportunity to become eligible. The Board may specify the manner, place, and time for payment for purposes of restoring eligibility.
A determination of Members entitled to vote at a meeting of the Association is effective for any adjournment of the meeting, provided the date of the adjourned meeting is not more than fortyfive (45) days after the original meeting.
4.6. Voting Members List. The Board will prepare and make available a list of the Association's voting Members in accordance with Section 22.158(b) of the Texas Business Organizations Code.
4.7. Quorum. At any meeting of the Association, the presence in person or by proxy of Members representing at least twenty percent (20%) of the Units in the Property constitutes a quorum. Members present at a meeting at which a quorum is present may continue to transact business until adjournment, provided that Members representing at least twenty percent (20%) of the Units in the Property remain in attendance.
9 4.8. Lack of Quorum. If a quorum is not present at any meeting of the Association for which proper notice was given, Members representing at least a Majority of the votes present at
e.
9 4.8. Lack of Quorum. If a quorum is not present at any meeting of the Association for which proper notice was given, Members representing at least a Majority of the votes present at the meeting, although not constituting a quorum, may vote to recess the meeting for not more than twenty-four (24) hours in order to attain a quorum, provided the place of the meeting remains as stated in the notice. If the meeting is adjourned without attainment of a quorum, notice of a new meeting for the same purposes within fifteen (15) to thirty (30) days may be given to an Owner of each Unit, at which meeting the Members present in person or by proxy [even if representing less than twenty percent (20%) of the Units] will be sufficient to constitute a quorum for the purposes of that meeting.
4.9. Votes. The vote of Members representing at least a Majority of the votes cast at any meeting at which a quorum is present binds all Members for all purposes, except when a higher percentage is required by these Bylaws, the Declaration, or by law. Cumulative voting is prohibited.
4.9.1. Co-Owned Units. If a Unit is owned by more than one Member, the vote appurtenant to that Unit is cast in accordance with Section 82.110(a) of the Act, which is summarized as follows. If only one of the multiple Owners of a Unit is present at a meeting of the Association, that person may cast the vote allocated to that Unit. If more than one of the multiple Owners is present, the vote allocated to that Unit may be cast only in accordance with the Owners' unanimous agreement. Multiple Owners are in unanimous agreement if one of the multiple Owners casts the vote allocated to a Unit and none of the other Owners makes prompt protest to the person presiding over the meeting.
Multiple Owners are in unanimous agreement if one of the multiple Owners casts the vote allocated to a Unit and none of the other Owners makes prompt protest to the person presiding over the meeting.
4.9.2. Corporation-Owned Units. If a Unit is owned by a corporation, the vote appurtenant to that Unit may be cast by any officer of the corporation in the absence of the corporation's written appointment of a specific person to exercise its vote. The vote of a partnership may be cast by any general partner in the absence of the partners' written appointment of a specific person. The person presiding over a meeting or vote may require reasonable evidence that a person voting on behalf of a corporation or partnership is qualified to vote.
4.9.3. Association-Owned Units. Votes allocated to a Unit owned by the Association may be counted towards a quorum and for all ballots and votes except the election or removal of directors. The vote appurtenant to a Unit owned by the Association is exercised by the Board.
4.10. Proxies. Votes may be cast in person or by written proxy. To be valid, each proxy must: (i) be signed and dated by a Member or his attorney-in-fact; (ii) identify the Unit to which the vote is appurtenant; (iii) name the person or title (such as "presiding officer") in favor of whom the proxy is granted, such person having agreed to exercise the proxy; (iv) identify the meeting for which the proxy is given; (v) not purport to be revocable without notice; and (vi) be delivered to the Secretary, to the person presiding over the Association meeting for which the proxy is designated, or to a person or company designated by the Board. Unless the proxy specifies a shorter or longer time, it terminates eleven (11) months after the date of its execution. Perpetual
proxy is designated, or to a person or company designated by the Board. Unless the proxy specifies a shorter or longer time, it terminates eleven (11) months after the date of its execution. Perpetual or self-renewing proxies are permitted, provided they are revocable. To revoke a proxy, the 10 granting Member must give actual notice of revocation to the person presiding over the Association meeting for which the proxy is designated. Unless revoked, any proxy designated for a meeting which is adjourned, recessed, or rescheduled is valid when the meeting reconvenes. A proxy may be delivered by fax. However, a proxy received by fax may not be counted to make or break a tie-vote unless: (a) the proxy has been acknowledged or sworn to by the Member, before and certified by an officer authorized to take acknowledgments and oaths; or (b) the Association also receives the original proxy within five (5) days after the vote.
4.11. Conduct of Meetings. The president, or any person designated by the Board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and all transactions occurring at the meeting, as well as a record of any votes taken at the meeting. The person presiding over the meeting may appoint a parliamentarian. The then current edition of Robert's Rules of Order governs the conduct of meetings of the Association when not in conflict with the Documents.
Votes should be tallied by Members appointed by the person presiding over the meeting.
4.12. Order Of Business. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of the Association is as follows:
g.
4.12. Order Of Business. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of the Association is as follows: Determine votes present by roll call or check-in procedure Announcement of quorum Proof of notice of meeting Approval of minutes of preceding meeting Reports of Officers (if any) Election of directors (when required) Unfinished or old business ☐ New business 4.13. Adjournment of Meeting. At any meeting of the Association, a Majority of the Members present at that meeting, either in person or by proxy, may adjourn the meeting to another time and place.
4.14. Action without Meeting. Subject to Board approval, any action which may be taken by a vote of the Members at a meeting of the Association may also be taken without a meeting by written consents. The Board may permit Members to vote by any method allowed by Section 22.160(b)(c) and (d) of the Texas Business Organizations Code, which may include hand delivery, mail, fax, email, or any combination of these. Written consents by Members representing at least a Majority of votes in the Association, or such higher percentage as may be required by the Documents, constitutes approval by written consent. This Section may not be used to avoid the requirement of an annual meeting and does not apply to the election of directors.
4.15. Telephone Meetings. Members of the Association may participate in and hold meetings of the Association by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other.
Participation in the meeting constitutes presence in person at the meeting, except where a person 11
pment by means of which all persons participating in the meeting can hear each other.
Participation in the meeting constitutes presence in person at the meeting, except where a person 11 participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
ARTICLE 5 RULES 5.1. Rules. The Declarant has adopted initial rules and regulations for: (i) the administration of the Association and the Documents; (ii) the maintenance, management, operation, use, conservation, and beautification of the Property; and (iii) the health, comfort, and general welfare of the Occupants; provided, however, that such rules may not be in conflict with law or the Documents. The Board will, at all times, maintain the then current and complete rules in a written form which can be copied and distributed to the Members. The Board has the right to amend, from time to time, the rules and regulations; provided, however, that until the expiration or termination of the Development Period, all amendments to the rules and regulations must be approved in advance and in writing by Declarant.
5.2. Adoption and Amendment. Any rule may be adopted, amended, or terminated by the Board, provided that the rule and the requisite Board (and Declarant, if applicable) approval are properly recorded as a resolution in the minutes of the meeting of the Board.
5.3. Distribution. On request from any Member or Occupant, the Board will provide a current and complete copy of rules. Additionally, the Board will, from time to time, distribute copies of the current and complete rules to Owners and, if the Board so chooses, to non-Member Occupants.
ARTICLE 6 ENFORCEMENT
py of rules. Additionally, the Board will, from time to time, distribute copies of the current and complete rules to Owners and, if the Board so chooses, to non-Member Occupants.
ARTICLE 6 ENFORCEMENT 6.1. Remedies. The violation of any provision of the Documents gives the Board the following rights, in addition to any other rights set forth in the Documents: 6.1.1. Fines. To impose reasonable fines, if notice and an opportunity to be heard are given.
6.1.2. Self-Help. After notice and an opportunity to be heard are given, except in case of an emergency, to enter the Unit or Common Element in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Owner, any structure, thing, or condition (except for additions or alterations of a permanent nature that may exist in that Unit) that is contrary to the intent and meaning of the provisions of the Documents. The Board may not be deemed liable for any manner of trespass by this action.
6.1.3. Courts. To enjoin, abate, or remedy, by appropriate legal proceedings, the continuance of any breach.
12 6.2. Notice and Hearing. Before imposing a fine or exercising self-help abatement, the Board must give the Owner a written violation notice, delivered via certified mail, return receipt requested, and an opportunity to be heard, if requested by the Owner, in accordance with the following provisions of this Section 6.2.
6.2.1. Notice of Violation. If the Owner has not been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months, then the Association's written violation notice will contain the following items: (1) the date
d a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months, then the Association's written violation notice will contain the following items: (1) the date the violation notice is prepared or mailed; (2) a description of the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due to the Association from the Owner; (3) a reference to the rule or provision that is being violated; (4) a description of the action required to cure the violation; (5) the timeframe in which the violation is required to be cured to avoid the fine or suspension; (6) the amount of the fine; (7) a statement that any future violation of the same rule may result in a fine; (8) a statement that no later than the thirtieth (30th) day after receiving the notice, the Owner may request a hearing pursuant to Section 82.102 of the Texas Uniform Condominium Act (“TUCA”); and (9) a statement informing the Owner that they 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. §501 et seq.), if the Owner is serving on active military duty. Notwithstanding the foregoing, i the Owner has been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months but commits the violation again, the notice will state those items set out in clauses (1) - (3), (6) and (9) above but will also state that because the Owner has been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months but has not cured the violation, then the Owner will be
cause the Owner has been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months but has not cured the violation, then the Owner will be fined pursuant to Section 6.3 below. Further, after an Owner has been notified of a violation as set forth herein and assessed fines in accordance with Section 6.3 below, if the Owner has never cured the violation in response to either the notices or the fines, in its sole discretion, the Board may determine that such a circumstance is a continuous violation which warrants a levy of a fine based upon a daily, monthly, or quarterly amount as determined by the Board.
6.2.2. Notice to Occupant. In addition to giving the written violation notice to the Owner, the Board may also give a copy of the notice to the non-Owner Occupant, if the Board deems it appropriate.
6.2.3. Request for Hearing. To request a hearing before the Board, an Owner must submit a written request to the Board within thirty (30) days after the date of the violation notice (the "Request"). The Association must then hold the hearing requested no later than thirty (30) days after the Board receives the Request. The Board must notify the Owner of the date, time, and place of the hearing at least (10) days' before the date of the hearing, and should be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. The Board or the Owner may request a postponement of the hearing, and if requested, a postponement shall be granted for a period of not more than ten (10) days.
Additional postponements may be granted by agreement of the parties. Notwithstanding 13 the foregoing, the Association may exercise its other rights and remedies as set forth in TUCA.
ys.
Additional postponements may be granted by agreement of the parties. Notwithstanding 13 the foregoing, the Association may exercise its other rights and remedies as set forth in TUCA.
6.2.4. Pending Hearing. Pending the hearing, the Board may continue to exercise the Association's other rights and remedies for the violation as if the declared violation were valid. The Owner's request for a hearing suspends only the levy of the fine or the abatement action described in the notice.
6.2.5. Hearing. The hearing will be held in a closed or executive session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. The Owner may attend the hearing in person, or may be represented by another person (e.g., an attorney) upon advance written notice to the Board. No audio or video recording of the hearing may be made, unless desired by the Owner, in which event, the Owner's request for a hearing shall state that the Owner intends to make an audio recording of the hearing.
6.2.6. Minutes of Hearing. The minutes of the hearing must contain a statement of the results of the hearing and the amount of fine, if any, imposed, or abatement action, if any, authorized. A copy of the violation notice and request for hearing should be placed in the minutes of the hearing. If the Owner appears at the hearing, the notice requirement will be deemed satisfied.
6.3. Imposition of Fine. Within thirty (30) days after levying the fine or authorizing the abatement, the Board must give the Owner notice of the levied fine or abatement action. If the fine or action is announced at the hearing at which the Owner is actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.
fine or abatement action. If the fine or action is announced at the hearing at which the Owner is actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.
6.3.1. Amount. The Board may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation. The Board may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation. If the Board allows fines to accumulate, it may establish a maximum amount for a particular fine, at which point the total fine will be capped.
6.3.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing, but is instead sporadic or periodic, the fine may be levied on a per occurrence basis.
6.3.3. Other Fine-Related. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard. The Association may not charge interest on unpaid fines. The Association may not foreclose its assessment lien on a debt consisting solely of fines. The Board may adopt a collection policy that applies Owners' payments to unpaid fines before retiring other types of assessments.
6.4. Additional Enforcement Rights. Notwithstanding the notice and hearing requirement, the Board may take immediate and appropriate action, without giving the notices 14 required in this Article, against violations of the Documents which, in the Board's opinion, are: (i) self-evident, such as vehicles parked illegally or in violation of posted signs; (ii) threatening to
quired in this Article, against violations of the Documents which, in the Board's opinion, are: (i) self-evident, such as vehicles parked illegally or in violation of posted signs; (ii) threatening to life or property; or (iii) repeat violations of the same provision by the same Owner to whom prior notices and demands have been given for the same violation. Further, the provisions of this Article do not apply to specific remedies provided in the Documents for certain violations, such as nonpayment of assessments.
ARTICLE 7 OBLIGATIONS OF THE OWNERS 7.1. Notice of Sale. Any Owner intending to sell or convey his Unit or any interest therein must give written notice to the Board of his intention, together with: (i) the address or legal description of the Unit being conveyed; (ii) the name and address of the intended purchaser; (iii) the name, address, and phone number of the title company or attorney designated to close the transaction; (iv) names and phone numbers of real estate agents, if any, representing seller and purchaser; and (v) scheduled date of closing. An Owner will furnish this information to the Board at least ten (10) business days before the scheduled date of closing or conveyance. The requirements of this Section may be satisfied by giving the Association a copy of an accepted resale contract in connection with the Owner's request to the Association for a resale certificate.
7.2. Proof of Ownership. On request by the Association from time to time, any person who purports to be an Owner or the agent of an Owner must furnish to the Board evidence of ownership of the Unit. A copy of the recorded deed is the customary evidence. This requirement may be satisfied by receipt of a Board-approved form that is completed and acknowledged by a
evidence of ownership of the Unit. A copy of the recorded deed is the customary evidence. This requirement may be satisfied by receipt of a Board-approved form that is completed and acknowledged by a title company or attorney at time of conveyance of the Unit or any interest therein. The Association may refuse to recognize a person as a Member unless the requested documentation is provided.
7.3. Owners' Information. Within thirty (30) days after acquiring an ownership interest in a Unit, the Owner must provide the Association with the Owner's mailing address, telephone number, and driver's license number, if any; the name and telephone number of any Occupant other than the Owner; and the name, address, and telephone number of any person managing the Unit as agent of the Unit Owner. An Owner must notify the Association within thirty (30) days after he has notice of a change in any information required by this Section, and must provide the information on request by the Association from time to time.
7.4. Mailing Address. The Owner or the several co-Owners of a Unit must register and maintain one mailing address to be used by the Association for mailing of notices, demands, and all other communications. If an Owner fails to maintain a current mailing address with the Association, the address of the Owner's Unit is deemed to be his mailing address.
7.5. Registration of Mortgagees. Within thirty (30) days after granting a lien against his Unit, the Owner must provide the Association with the name and address of the holder of the lien and the loan number. The Owner must notify the Association within thirty (30) days after he has notice of a change in the information required by this Section. Also, the Owner will provide the
he lien and the loan number. The Owner must notify the Association within thirty (30) days after he has notice of a change in the information required by this Section. Also, the Owner will provide the information on request by the Association from time to time.
15 7.6. Assessments. All Owners are obligated to pay assessments imposed by the Association to meet the common expenses as defined in the Declaration. A Member is deemed to be in good standing and entitled to vote at any meeting of the Association if he is current in the assessments made or levied against him and his Unit.
7.7. Compliance with Documents. Each Owner will comply with the provisions and terms of the Documents, and any amendments thereto. Further, each Owner will always endeavor to observe and promote the cooperative purposes for which the Property was established.
ARTICLE 8 ASSOCIATION RECORDS 8.1. Records. The Association will use its best efforts to keep the records required by Section 82.114(a) of the Act, including the following: (i) (ii) (iii) (iv) (v) (vi) Minutes or a similar record of the proceedings of meetings of the Association.
Minutes or a similar record of the proceedings of meetings of the Board.
Names and mailing addresses of the Members, the currency and accuracy of the information being the responsibility of the Members.
Names and mailing addresses of the mortgagees, the currency and accuracy of the information being the responsibility of the Members and their mortgagees.
Financial records and books of account for the Association, kept in a manner consistent with generally accepted accounting principles.
Copies of income tax returns prepared for the Internal Revenue Service.
(vii) Copies of the Documents and all amendments to any of these.
nner consistent with generally accepted accounting principles.
Copies of income tax returns prepared for the Internal Revenue Service.
(vii) Copies of the Documents and all amendments to any of these.
(viii) A record of all votes or written consents by which amendments to the Documents were approved, for at least four (4) years after the approval.
8.2. Inspection of Books and Records. Books and records of the Association will be made available for inspection and copying pursuant to Section 82.114(b) of the Act and Sections 3.151, 3.153 and 22.351 of the Texas Business Organizations Code.
8.2.1. Proper Purpose. The Board may require a Member to submit a written demand for inspection, stating the purpose for which the Member will inspect the books and records. The Board has the following rights: (i) to determine whether the Member's purpose for inspection is proper; (ii) to deny the request if the Board determines that the Member's purpose is not proper; (iii) if granting the request, to identify which books and records are relevant to the Member's stated purpose for inspection.
16 8.2.2. Copies. A Member, at Member's expense, may obtain photocopies of books and records for which the Board grants the right of inspection. The Board has the right to retain possession of the original books and records, to make copies requested by the Member, and to charge the Member a reasonable fee for copying.
8.2.3. Member's Agent. A Member's inspection of the books and records may be assisted or performed by the Member's agent, accountant, or attorney.
8.2.4. Records of Attorneys and Accountants. The files and records of an attorney or accountant who performs services for the Association are not records of the Association,
, accountant, or attorney.
8.2.4. Records of Attorneys and Accountants. The files and records of an attorney or accountant who performs services for the Association are not records of the Association, are not subject to inspection by Members, and are not subject to production in a legal proceeding.
8.3. Resale Certificates. Any officer may prepare or cause to be prepared, certify, and execute resale certificates in accordance with Section 82.157 of the Act. The Association may charge a reasonable fee for preparing resale certificates. The Association may refuse to furnish resale certificates until the fee is paid. Any unpaid fees may be assessed against the Unit for which the certificate is furnished.
ARTICLE 9 NOTICES 9.1. Co-Owners. If a Unit is owned by more than one person, notice to one co-Owner is deemed notice to all co-Owners.
9.2. Delivery of Notices. Any written notice required or permitted by these Bylaws may be given personally, by mail, by fax, or by any other method permitted by the Texas Business Organizations Code. If mailed, the notice is deemed delivered when deposited in the U.S. mail addressed to the Member at the address shown on the Association's records. If transmitted by fax, the notice is deemed delivered on successful transmission of the facsimile.
9.3. Waiver of Notice. Whenever a notice is required to be given to an Owner, Member, or director, a written waiver of the notice, signed by the person entitled to the notice, whether before or after the time stated in the notice, is equivalent to giving the notice. Attendance by a Member or director at any meeting of the Association or Board, respectively, constitutes a waiver of notice by the Member or director of the time, place, and purpose of the meeting. If all Members
y a Member or director at any meeting of the Association or Board, respectively, constitutes a waiver of notice by the Member or director of the time, place, and purpose of the meeting. If all Members or directors are present at any meeting of the Association or Board, respectively, no notice is required and any business may be transacted at the meeting.
ARTICLE 10 DECLARANT PROVISIONS 10.1. Conflict. The provisions of this Article control over any provision to the contrary elsewhere in these Bylaws.
17 10.2. Board of Directors. During the Declarant Control Period, Appendix A of the Declaration governs the number, qualification, and appointment of directors. The initial directors will be appointed by Declarant and need not be Owners or Occupants. Directors appointed by Declarant may not be removed by the Owners and may be removed by Declarant only. Declarant has the right to fill vacancies in any directorship vacated by a Declarant appointee.
10.3. Organizational Meeting. Within sixty (60) days after the end of the Declarant Control Period, or sooner at Declarant's option, Declarant will call an organizational meeting of the Members for the purpose of electing directors, by ballot of Members. Notice of the organizational meeting will be given as if it were notice of an annual meeting.
ARTICLE 11 AMENDMENTS TO BYLAWS 11.1. Authority. These Bylaws may be amended by a Majority vote of the Board of Directors. Additionally, these Bylaws may also be amended by Members representing a Majority of the votes in the Association entitled to be cast and present in person or by proxy at a duly called meeting to adopt same.
11.2. Mortgagee Protection. In addition to the notices and consents required by these
s in the Association entitled to be cast and present in person or by proxy at a duly called meeting to adopt same.
11.2. Mortgagee Protection. In addition to the notices and consents required by these Bylaws, certain actions and amendments require notice to or approval by Mortgagees, pursuant to the Mortgagee Protection article of the Declaration. If applicable, the Association must give the required notices to and obtain the required approvals from Mortgagees.
11.3. Effective. To be effective, each amendment must be in writing, reference the names of the Property and the Association, and be executed by a Majority of the Board of Directors.
Further, if these Bylaws are publicly recorded, the amendment must recite the recording data for the Bylaws, and be recorded in the Official Public Records of Travis County, Texas.
11.4. Declarant Protection. During the Development Period, no amendment of these Bylaws may affect the Declarant's rights herein without the Declarant's written and acknowledged consent. Specifically, this Section and the article titled “Declarant Provisions" may not be amended without the prior written approval of the Declarant. The Declarant's written consent must be part of the amendment instrument.
ARTICLE 12 GENERAL PROVISIONS 12.1. Compensation. A director, officer, Member, or Occupant may not receive any pecuniary profit from the operation of the Association, and no funds or assets of the Association may be paid as a salary or as compensation to, or be distributed to, or inure to the benefit of a director, officer, Member, or resident. Nevertheless, (i) Reasonable compensation may be paid to a director, officer, Member, or Occupant for services rendered to the Association in other capacities.
18 (ii) (iii) (iv)
ident. Nevertheless, (i) Reasonable compensation may be paid to a director, officer, Member, or Occupant for services rendered to the Association in other capacities.
18 (ii) (iii) (iv) A director, officer, Member, or Occupant may, from time to time, be reimbursed for his actual and reasonable expenses incurred on behalf of the Association in connection with the administration of the affairs of the Association, provided the expense has been approved by the Board.
The Board may budget and use Association funds to purchase awards, certificates, a celebratory meal, or other customary tokens demonstrations of appreciation for volunteer activities.
or This provision does not apply to distributions to Unit Owners permitted or required by the Declaration or the Act.
12.2. Conflicting Provisions. If any provision of these Bylaws conflicts with any provision of the laws of the State of Texas, the conflicting Bylaws provision is null and void, but all other provisions of these Bylaws remain in full force and effect. In the case of any conflict between the certificate of formation of the Association and these Bylaws, the certificate of formation controls. In the case of any conflict between the Declaration and these Bylaws, the Declaration controls.
12.3. Severability. Whenever possible, each provision of these Bylaws will be interpreted in a manner as to be effective and valid. Invalidation of any provision of these Bylaws, by judgment or court order, does not affect any other provision which remains in full force and effect.
12.4. Construction. The effect of a general statement is not limited by the enumerations of specific matters similar to the general. The captions of articles and sections are inserted only
and effect.
12.4. Construction. The effect of a general statement is not limited by the enumerations of specific matters similar to the general. The captions of articles and sections are inserted only for convenience and may not be construed as defining or modifying the text to which they refer.
The singular is construed to mean the plural, when applicable, and the use of masculine or neuter pronouns includes the feminine.
12.5. Fiscal Year. The fiscal year of the Association will be set by resolution of the Board, and is subject to change from time to time as the Board determines. In the absence of a resolution by the Board, the fiscal year is the calendar year.
12.6. Waiver. No restriction, condition, obligation, or covenant contained in these Bylaws may be deemed to have been abrogated or waived by reason of failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.
12.7. Indemnification. To the fullest extent permitted by applicable law, the Association will indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such person is or was a director, officer, committee member, employee, servant, or agent of the Association against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement) actually and reasonably incurred by such person in connection with such action, suit or proceeding if it is found and determined by the Board or a court that such person: (i) acted in good faith and in a manner which such person 19
on in connection with such action, suit or proceeding if it is found and determined by the Board or a court that such person: (i) acted in good faith and in a manner which such person 19 reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe such conduct was unlawful. The termination of any action, suit, or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that such conduct was unlawful.
[Remainder of This Page Intentionally Left Blank The Initial Rules and Regulations Commence on the Following Page] 20 20 EXHIBIT C INITIAL RULES & REGULATIONS These Initial Rules & Regulations are established by Cantegra Tillery, LLC, a Texas limited liability company, for the benefit of Evolv East Homeowners Association, Inc., a Texas non-profit corporation (the "Association"). These Community Rules are the "Rules" defined in Article 1 of the Declaration of Condominium Regime for Evolv East, recorded in the Official Public Records of Travis County, Texas, under the Document Number set forth on the first of this Community Manual (as the same may be amended from time to time, the “Declaration").
These Rules are in addition to the provisions of the Declaration and Bylaws. By owning or occupying a Unit, each Owner and Occupant agrees to abide by these Rules and to comply with
he “Declaration").
These Rules are in addition to the provisions of the Declaration and Bylaws. By owning or occupying a Unit, each Owner and Occupant agrees to abide by these Rules and to comply with the obligations of Owners and Occupants under the Declaration and Bylaws of the Association.
Words and phrases defined in the Declaration have the same meaning when used in these Rules. In the event of a conflict between Documents, the hierarchy of authority is as follows: Declaration (highest), Bylaws, and these Rules (lowest). The Association's board of directors is empowered to interpret, enforce, amend, and repeal these Rules.
1.1 1.2 ARTICLE 1 COMPLIANCE Compliance. Each Owner will comply with the provisions of these Rules, the other Documents, and policies adopted by the Board to supplement these Rules, as any of these may be revised from time to time. Each Owner, additionally, is responsible for compliance with the Documents by the Occupants of his Unit, and their respective guests, invitees, tenants, agents, employees, representatives, or contractors. If a Rule requires or prohibits conduct by an "Owner" or "Occupant," each of those terms are deemed to include the other, and applies to all persons for whom an Owner or Occupant is responsible. Again, the Owner is ultimately responsible for compliance by all persons using or related to his Unit.
An Owner should contact the Association if he has a question about these Rules. The Association has the right to enforce these Rules against any person on the Property. Owner acknowledges that Applicable Laws may modify these Initial Rules and Regulations and/or create rights or duties upon Owner which are not set forth in these Initial Rules and
son on the Property. Owner acknowledges that Applicable Laws may modify these Initial Rules and Regulations and/or create rights or duties upon Owner which are not set forth in these Initial Rules and Regulations and that Owner is responsible for complying with all Applicable Laws.
Additional Rules. Each Occupant must comply with any rules and signs posted from time to time on the Property by the Association. Posted rules are incorporated in these Rules by reference. Each Occupant must comply with notices communicated by the Association, from time to time, in the nature of seasonal or temporary rules, or notice of a change affecting use of the Property. Temporary rules are incorporated in these Rules by reference.
21 1.3 1.4 1.5 Waiver. Circumstances may warrant a waiver of these Rules. To obtain a waiver, an Owner must make written application to the Board. The Board's approval of a waiver must be in writing and may be conditioned.
Limits. It is understood that individuals may have different interpretations of and tolerances for these Rules. On lifestyle-related rules, such as the "Community Etiquette" rules below, the Association may refrain from acting on a perceived violation unless the Board determines the violation to be significant or a community-wide problem. The Association may not be compelled by one Occupant to enforce these Rules against another Occupant. Occupants are expected to deal directly and peaceably with each other about their differences.
Filing Complaints. Because the Association is not staffed to monitor the Property for Rules violations, the Association relies on Occupants to identify and report violations of these Rules and the Documents, and to monitor compliance with these Rules by violators. The
the Property for Rules violations, the Association relies on Occupants to identify and report violations of these Rules and the Documents, and to monitor compliance with these Rules by violators. The Association also relies on Occupants to help keep each other informed about the Rules.
Recognizing that an Occupant may be reluctant to confront another Occupant about a violation, the Association will work with Occupants to enforce the Rules. Generally, a complaint must be in writing and must be signed by an Occupant or Owner who is willing to be identified as the complainant. The Association may refuse to enforce a violation (1) that cannot be easily and independently verified, (2) for which it did not receive a signed written complaint, (3) for which the complainant will not cooperate with monitoring the violation and compliance, and (4) which the Board does not consider to be significant or community-wide.
21 ARTICLE 2 OBLIGATIONS OF OWNERS AND OCCUPANTS 2.1 Risk Management. An Owner may not permit anything to be done or kept in his Unit or the Common Elements that is illegal or that may result in the cancellation of insurance on the Property.
2.2 2.3 No Garage Sales. Without the Board's prior written permission, no person may conduct at the Property a sale or activity that is advertised or attractive to the public, such as garage sales, car sales, or estate sales. This Section does not apply to marketing the sale or rental of a Unit, unless combined with a prohibited activity.
Supervision of Minors. For their own well-being and protection, persons who are legally incompetent or younger than eighteen (18) years must be under the general control and supervision of their parents or guardians at all times while on the Property. Persons who
persons who are legally incompetent or younger than eighteen (18) years must be under the general control and supervision of their parents or guardians at all times while on the Property. Persons who are below the chronological or mental age of thirteen (13) years must at all times be in the actual company of a person at least thirteen (13) years old who is responsible for their wellbeing. A person under thirteen (13) years may not be left unattended in a Unit at any time.
After nightfall, unless accompanied by a parent or guardian, persons under eighteen (18) years may not be on the common elements.
22 3.1 3.2 3.3 4.1 4.2 4.3 ARTICLE 3 FIRE AND SAFETY Safety. Each Occupant is solely responsible for his own safety and for the safety, wellbeing, and supervision of his guests and any person on the Property to whom the Occupant has a duty of care, control, or custody.
Fires. Except for barbecue fires as permitted by these Rules, there may not be any exterior fires on the Property.
Barbecue. Subject to the limitations contained in this Section, Occupants may keep and use barbeque grills within the Rear Yard Area of the Occupant's Unit, provided that such grills comply with all Applicable Law. The Board reserves the right to prohibit or restrict the existence and/or use of all or certain outdoor cooking grills if, in the Board's discretion, a grill constitutes a fire hazard or is unattractive or oversized for the area in which it is kept. On permitted grills, (a) open fires must be supervised at all times; (b) gas tanks must be properly used and maintained; (c) no flames may be higher than the cooking surface; and (d) a grill may not be used near combustible materials.
ARTICLE 4 GENERAL USE & MAINTENANCE OF COMMON ELEMENTS
e properly used and maintained; (c) no flames may be higher than the cooking surface; and (d) a grill may not be used near combustible materials.
ARTICLE 4 GENERAL USE & MAINTENANCE OF COMMON ELEMENTS Personal Property. The sidewalks, entrances, passages, driveways, parking areas and similar portions of the Common Elements shall not be obstructed nor used for any purpose other than for ingress and egress to and from the Regime and the Units. No carts, bicycles, carriages, chairs, tables or other similar objects or personal property shall be stored in, on or upon the Common Elements, except in areas, if any, designated for such purposes. All personal property must be stored within an Owner's Unit.
Grounds. Unless the Board designates otherwise, Occupants may not use or abuse the landscaped areas, lawns, beds, and plant materials on the Common Elements.
Abandoned Items. No item or object of any type may be stored, placed, or maintained anywhere on the General Common Elements, except by the Board or with the Board's prior written consent. Any item or object found in the General Common Elements will be deemed abandoned by the Board and may be removed without any liability to the Board or the Association or any party acting on their behalf.
5.1 ARTICLE 5 COMMUNITY ETIQUETTE Courtesy. Each Occupant will endeavor to use his Unit and the Common Elements in a manner calculated to respect the rights and privileges of other Occupants.
23 5.2 5.3 Parties. In planning private social functions at the Property, an Occupant should be aware of the potential consequences on the Property's parking resources and on the sensibilities of other Occupants. An Occupant intending to use his Unit for a party or other activity that
should be aware of the potential consequences on the Property's parking resources and on the sensibilities of other Occupants. An Occupant intending to use his Unit for a party or other activity that may be expected to produce a higher-than-customary level or duration of noise or other disturbance will make a diligent effort to give Occupants of adjacent Units timely prior notice of the event, as a courtesy. If the event is expected to attract twenty (20) or more guests to the Property, the Occupant will also give the Board timely prior written notice of the event.
Reception Interference. Each Occupant will avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephonic, or electronic reception on the Property.
ARTICLE 6 6.1 6.2 6.3 6.4 ARCHITECTURAL CONTROL Protrusions. An Owner or Occupant may not cause anything to protrude or project through the boundaries of the Unit.
Hot Tubs. A hot tub, spa, jacuzzi, sprinkler or mist system, fountain, or any other plumbed or liquid-based device may not be installed in a Unit or any Common Element. This prohibition does not apply to replacements of customary kitchen and bathroom appliances and fixtures. This prohibition expressly applies to roofs, porches, decks, and balconies.
Satellite Dishes. An Occupant who desires satellite television service must strictly comply with the applicable requirements set forth in the Declaration. No holes or protrusions may be made in any exterior surface of the Property. Wires may not be draped, hung, or strung on the building or the grounds. The Owner of the Unit to which satellite service is provided is responsible to the Association for any damage to the Property caused by the satellite dish
ng, or strung on the building or the grounds. The Owner of the Unit to which satellite service is provided is responsible to the Association for any damage to the Property caused by the satellite dish installer or servicer. Contact the Association before shopping for an exterior satellite dish or antenna to determine if such equipment is permitted for a particular Unit and, if so, where it may be located. Owners should get Association's written authorization before any installation.
Window Treatments. An Owner may install window treatments inside the Building located on his Unit, provided: a.
b.
The window treatment, including drapes, blinds, shades, or shutters, must appear to be (1) clear, (2) white, (3) near-white light neutral, or (4) light wood tone when viewed from outside the Unit.
The use of newspaper, bed sheets, tablecloths, or other obviously non-drapery fabric or other material is expressly prohibited, even on a temporary basis.
24 6.5 7.1 7.2 C.
d.
Aluminum foil, reflective window treatments, window tinting, and window decals or stickers are expressly prohibited.
Window treatments must be maintained in good condition, and must be removed or replaced if they become stained, torn, damaged, or otherwise unsightly in the opinion of the Board.
Prohibited Acts. In addition to the foregoing, a person may not: a.
b.
C.
d.
e.
f.
g.
Post signs, notices, or advertisements on the Common Elements or in a Unit if the sign is visible from outside the Unit, other than signs permitted by Section 11.16 of the Declaration.
Place or hang an object in, on, from, or above any window, interior window sill, deck, balcony or patio that, in the sole opinion of the Board, detracts from the
d by Section 11.16 of the Declaration.
Place or hang an object in, on, from, or above any window, interior window sill, deck, balcony or patio that, in the sole opinion of the Board, detracts from the appearance of the Property. Prohibited objects include planters and planter boxes, flowerpots, window boxes, birdfeeders, windsocks, mobiles, windchimes, and other outside accessories.
Hang, shake, or otherwise display linens, clothing, towels, rugs, shoes, mops, bedding, or other similar items from windows, doors, balconies, patios, or passageways.
Have bicycles or similar sporting equipment on balconies or patios.
Place decorations on exterior walls, doors, and fences, or on the General Common Elements.
Enclose or cover a balcony, porch, or deck.
Install storm or screen doors and windows, including solar screen.
ARTICLE 7 VEHICLE RESTRICTIONS Permitted Vehicles. To be permitted on the Property, a vehicle must be operable and must display a current license tag and inspection sticker. For purposes of these Rules, vehicles include automobiles, motorcycles, motorized bikes, passenger trucks, small vans, and similar passenger vehicles. The following are not permitted on the Property without the Board's consent: trailers, boats, recreational vehicles, buses, large commercial trucks or industrial vehicles. Motorcycles, motorbikes, or other motorized vehicles may not be operated on the Property, except to provide transportation to and from a Unit.
Repairs. Washing, repairs, restoration, or maintenance (including oil changes) of vehicles is prohibited on driveways, the private streets and parking areas, except for emergency 25 7.3 7.4 7.5 7.6 7.7 8.1 8.2 8.3 repairs, and then only to the extent necessary to enable movement of the vehicle to a repair facility.
streets and parking areas, except for emergency 25 7.3 7.4 7.5 7.6 7.7 8.1 8.2 8.3 repairs, and then only to the extent necessary to enable movement of the vehicle to a repair facility.
Proper Placement. No vehicle, including motorcycles, may be driven, parked, or placed anywhere on the Property except in designated areas. Motorcycles may not be chained to buildings, fences, or any other part of the Property, unless designated for that purpose.
Nuisances. Each vehicle must be muffled and must be maintained and operated to minimize noise, odor, and oil emissions. The use of car horns on the Property is discouraged. No vehicle may be kept on the Property if the Board deems it to be unsightly, inoperable, inappropriate, or otherwise violate these Rules.
Private Fire Lanes/Obstructions. All drives in the Property are private fire lanes and utility easements on which parking of vehicles is prohibited at all times. No vehicle may be parked in a manner that impedes or prevents ready access to the Property, driveways, or parking spaces. No vehicle may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard. No vehicle may be parked, even temporarily, in spaces reserved for others, in fire lanes, or in any area designated as "No Parking." Vehicles parked in violation of the Documents (including this provision) will be towed at the owner's expense.
Violations. A vehicle in violation of these Rules may be stickered, wheel-locked, towed, or otherwise removed from the Property by the Board, at the expense of the vehicle's Owner. The Association expressly disclaims any liability for damage to vehicles on which the Association exercises these remedies for Rules violations.
ty by the Board, at the expense of the vehicle's Owner. The Association expressly disclaims any liability for damage to vehicles on which the Association exercises these remedies for Rules violations.
Visitor Spaces. The use of unassigned and visitor parking spaces, if any, must be rotated, may not be used for storage of vehicles, and may not be used consistently by the same driver or vehicle. The Board may designate some of the unassigned off-street parking spaces, if any, as "visitor spaces" for use, exclusively, by guests of Occupants.
ARTICLE 8 TRASH DISPOSAL General Duty. Occupant will endeavor to keep the Property clean and will dispose of all refuse in receptacles designated specifically by the Association or by the applicable municipality for that purpose. Occupants shall not litter Common Elements.
Hazards. Occupant shall not store trash inside or outside his Unit in a manner that may permit the spread of fire, odors, or seepage, or encouragement of vermin. Before discarding coals, ashes, logs, or other materials used in barbecue grills or fireplaces, Occupant will ensure that the debris is thoroughly cold.
Trash and Recycling Containers. Trash containers and recycling bins must be stored inside the garage of the Unit, behind the fence located within the Unit or otherwise screened from view from the street and may only be placed on the street within twenty-four (24) hours of 26 26 the designated trash pickup and for twelve (12) hours after pick up. Occupants must arrange privately for removal of discarded furnishings or any unusually large volume of debris.
ARTICLE 9 9.1 9.2 9.3 9.4 9.5 9.6 PETS Permitted Pets. An Occupant may not keep or permit on the Property a pet or animal of
r removal of discarded furnishings or any unusually large volume of debris.
ARTICLE 9 9.1 9.2 9.3 9.4 9.5 9.6 PETS Permitted Pets. An Occupant may not keep or permit on the Property a pet or animal of any kind, except as permitted by these Rules and the Documents. Subject to these Rules, an Occupant may keep in his Unit customary domesticated house pets, such as domesticated dogs, cats, caged birds, and aquarium fish, provided there are not more than two cats, or two dogs, or one cat and one dog. As used herein, the term “domesticated house pets" shall not mean or include non-traditional pets such as pot-bellied pigs, miniature horses, exotic snakes or lizards, ferrets, monkeys or other exotic animals.
Prohibited Animals. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for anywhere on the Property. No Occupant may keep a dangerous or exotic animal, trained attack dog, or any other animal deemed by the Board to be a potential threat to the well-being of people or other animals. In the event that any regulatory authority (i.e. animal control) determines than an animal within the Property is dangerous or hazardous, then the owner of such animal shall be required to immediately remove the animal from the Property. No animal or house pet may be kept, bred, or maintained for any commercial purpose or for food.
Indoors/Outdoors. A permitted pet must be maintained inside the Building located within the Unit and shall not be kept on a permanent basis on the porch, balcony, deck or yard
ial purpose or for food.
Indoors/Outdoors. A permitted pet must be maintained inside the Building located within the Unit and shall not be kept on a permanent basis on the porch, balcony, deck or yard area within the Unit. No pet is allowed on the Common Elements unless carried or leashed.
No pet may be leashed to a stationary object on the Common Elements.
Disturbance. Pets must be kept in a manner that does not disturb another Occupant's rest or peaceful enjoyment of his Unit or the Common Elements. No pet may be permitted to bark, howl, whine, screech, or make other loud noises for extended or repeated periods of time.
Damage. Each Occupant is responsible for any property damage, injury, or disturbance his pet may cause or inflict. An Occupant who keeps a pet on the Property is deemed to indemnify and agrees to hold harmless the Board, the Association, and other Owners and Occupants, from any loss, claim, or liability of any kind or character whatever resulting from any action of his pet or arising by reason of keeping or maintaining the pet on the Property.
Pooper Scooper. Each Occupant is responsible for the removal of his pet's wastes from Landlord's Units and the Common Elements. The Board may levy a fine against a Unit 27 9.7 10.1 10.2 10.3 10.4 and its Owner each time feces are discovered in the Unit or the Common Elements and attributed to an animal in the custody of that Unit's Occupant.
Removal. If an Occupant or his pet violates these Rules, or if a pet creates a noise, odor, or other disturbance or nuisance, the Occupant or person having control of the animal may be given a written notice by the Board to correct the problem. If the problem is not corrected within the time specified in the notice (not less than ten (10) days), the Occupant,
ol of the animal may be given a written notice by the Board to correct the problem. If the problem is not corrected within the time specified in the notice (not less than ten (10) days), the Occupant, upon written notice from the Board, may be required to remove the animal. Each Occupant agrees to permanently remove his violating animal from the Property within ten (10) days after receipt of a removal notice from the Board.
ARTICLE 10 MISCELLANEOUS Right to Hearing. An Owner may request in writing a hearing by the Board regarding an alleged breach of these Rules by the Owner or any person for whom the Owner is responsible in accordance with Paragraph 5 of the Fine Policy included in this Community Manual.
Mailing Address. An Owner who receives mail at any address other than the address of his Unit must maintain with the Association his current mailing address. Notifications of change of name or change of address should be clearly marked as such. All notices required to be sent to Owners by the Documents may be sent to an Owner's most recent address as shown on the records of the Association. If an Owner fails to provide a forwarding address, the address of that Owner's Unit is deemed effective for purposes of delivery.
Revision. These Rules are subject to being revised, replaced, or supplemented, and Owners and Occupants are urged to contact the Association to verify the rules currently in effect on any matter of interest. These Rules will remain effective until ten (10) days after an Owner of each Unit has been given a notice of the amendment or revocation of these Rules.
Other Rights. These Rules are in addition to and in no way whatsoever detract from the rights of the Association under the other Documents and the laws of the State of Texas.
evocation of these Rules.
Other Rights. These Rules are in addition to and in no way whatsoever detract from the rights of the Association under the other Documents and the laws of the State of Texas.
[Remainder of This Page Intentionally Left Blank The Assessment Policy Commences on the Following Page] 28 EXHIBIT D ASSESSMENT COLLECTION POLICY Evolv East is a condominium regime created by and subject to the Declaration of Condominium Regime for Evolv East, recorded in the Official Public Records of Travis County, Texas, under the Document Number set forth on the first page of this Community Manual (as the same may be amended from time to time, the “Declaration"). As a condominium regime, Evolv East is also subject to State laws, including Chapter 82 of the Texas Property Code the Texas Uniform Condominium Act ("TUCA"). The operation of Evolv East is vested in the Evolv East Homeowners Association, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to enforce the covenants of the Declaration, including the obligation of owners to pay assessments. In addition to rights and remedies of the Association under the Declaration, TUCA gives the Association, acting through the Board: 1. Authority to adopt and amend rules regulating the collection of delinquent assessments and the application of payments. §82.102(a)(13); 2. Authority to impose interest and late charges for late payments of assessments, and returned check charges. §82.102(a)(12); 3. Authority to adopt and amend rules regulating the termination of utility service to a Unit, the owner of which is delinquent in the payment of an assessment that is used, in whole or in part, to pay the cost of that utility. §82.102(a)(14);
ating the termination of utility service to a Unit, the owner of which is delinquent in the payment of an assessment that is used, in whole or in part, to pay the cost of that utility. §82.102(a)(14); 4. Authority to suspend the voting privileges of or the use of certain general common elements by an Owner delinquent for more than thirty (30) days in the payment of assessments.
§82.102(a)(18); and 5.
A private power of sale to foreclose the assessment lien nonjudicially, subject to a limited right of redemption by the Unit Owner. §82.113.
To establish equitable policies and procedures for the collection of delinquent assessments, the Declarant hereby adopts this policy for the benefit of the Association as part of the initial project documentation. Owner acknowledges that Applicable Laws may modify the provisions of this Assessment Collection Policy and/or create rights or duties upon Owner which are not set forth in this Assessment Collection Policy and that Owner is responsible for complying with all Applicable Laws.
1.1 ARTICLE 1 DELINQUENCIES, LATE CHARGES & INTEREST Due Date. An Owner will timely and fully pay Regular Assessments and Special, Individual, Utility and Deficiency Assessments. Regular Assessments are due and payable on the first calendar day of each month. Special, Individual, Utility and Deficiency Assessments are due on the date stated in the notice of Assessment or, if no date is stated, 29 1.2 1.3 1.4 1.5 1.6 2.1 within ten (10) days after notice of the Special, Individual, Utility or Deficiency Assessment is given.
Delinquent. Any assessment that is not fully paid when due is delinquent. When the account of a Unit becomes delinquent, it remains delinquent until paid in full - including collection costs and late fees.
quent. Any assessment that is not fully paid when due is delinquent. When the account of a Unit becomes delinquent, it remains delinquent until paid in full - including collection costs and late fees.
Late Fees & Interest. If the Association does not receive full payment of a Regular Assessment by 5:00 p.m. on the fifth (5th) calendar day of the month, the Association may levy a late fee of $25 per month and/or interest of ten percent (10%) per annum from the first day of delinquency until the delinquency is paid in full. After the initial month of delinquency, a late fee of $25 may be on the first day of each month the account is delinquent until the account is current.
Liability for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, credit reports, certified mail, long distance calls, court casts, filing fees, and other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.
Insufficient Funds. The Association may levy a charge of $25 for any check returned to the Association marked "not sufficient funds" or the equivalent.
Waiver. Properly levied collection costs, late fees, and interest may not be waived by the Board, unless a Majority of the directors determines that extraordinary circumstances warrant an adjustment to the account, in which case the adjustment must be described in detail in the minutes of the Board's meeting. Because of the potential for inadvertently effecting a waiver of the policies contained in this policy, the Board will exercise caution in granting adjustments to an Owner's account.
ARTICLE 2 INSTALLMENTS & ACCELERATION Installments and Acceleration. If a Special or Deficiency Assessment is payable in
the Board will exercise caution in granting adjustments to an Owner's account.
ARTICLE 2 INSTALLMENTS & ACCELERATION Installments and Acceleration. If a Special or Deficiency Assessment is payable in installments, and if an Owner defaults in the payment of any installment, the Association may declare the entire assessment in default and accelerate the due date on all remaining installments of that assessment. A Special or Deficiency Assessment payable in installments may be accelerated only after the Association gives the owner at least fifteen (15) days prior notice of the default and the Association's intent to accelerate the unpaid balance if the default is not timely cured. Following acceleration of the indebtedness, the Association has no duty to reinstate the installment program upon partial payment by the Owner.
30 3.1 ARTICLE 3 PAYMENTS Application of Payments. After the Association notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association may be applied in the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligation arose: Collection costs and attorneys' fees Reimbursable expenses Late charges and interest (1) (2) Fines (3) (4) (5) Delinquent Individual Assessments (6) (7) Delinquent Deficiency Assessments Delinquent Special Assessments 3.2 3.3 3.4 3.5 (8) Delinquent Utility Assessments (9) Delinquent Regular Assessments (10) Current Individual Assessments (11) Current Deficiency Assessments (12) Current Special Assessments (13) Current Utility Assessments (14) Current Regular Assessments
elinquent Regular Assessments (10) Current Individual Assessments (11) Current Deficiency Assessments (12) Current Special Assessments (13) Current Utility Assessments (14) Current Regular Assessments Form of Payment. The Association may require that payment of delinquent assessments be made only in the form of cash, cashier's check, or certified funds.
Partial and Conditioned Payment. The Association may refuse to accept partial payment (i.e., less than the full amount due and payable) and payments to which the payer attaches conditions or directions contrary to the Board's policy for applying payments. The Association's endorsement and deposit of a payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the Unit's account. If the Association does not accept the payment at that time, it will promptly refund the payment to the payer. A payment that is not refunded to the payer within thirty (30) days after being deposited by the Association may be deemed accepted as to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent assessments does not waive the Association's right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations.
Notice of Payment. If the Association receives full payment of the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded, a copy of which will be sent to the Owner. The Association may require the Owner to prepay the cost of preparing and recording the release.
Correction of Credit Report. If the Association receives full payment of the delinquency after
e Owner. The Association may require the Owner to prepay the cost of preparing and recording the release.
Correction of Credit Report. If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association will report receipt of payment to the credit reporting service.
31 4.1 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 ARTICLE 4 LIABILITY FOR COLLECTION COSTS Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, credit reports, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's fees incurred in the collection of the delinquency, which amounts are secured by a lien against the Unit.
ARTICLE 5 COLLECTION PROCEDURES Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's managing agent, an attorney, or a debt collector.
Delinquency Notices. If the Association has not received full payment of an assessment by the due date, the Association may send one or more written notices of nonpayment to the defaulting Owner, by hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. The Association's delinquency-related correspondence may state that if full payment is not timely received, the Association may pursue any or all of the Association's remedies, at the sole cost and expense of the defaulting Owner.
Collection by Attorney. After giving the Owner notice of the delinquency, the Association may refer the delinquent account to an attorney for collection. In that event, the defaulting
efaulting Owner.
Collection by Attorney. After giving the Owner notice of the delinquency, the Association may refer the delinquent account to an attorney for collection. In that event, the defaulting Owner will be liable to the Association for its legal fees and expenses.
Verification of Owner Information. The Association may obtain a title report to determine the names of the Owners and the identity of other lienholders, including the mortgage company.
Notification of Mortgage Lender. The Association may notify the mortgage lender of the default obligations.
Notification of Credit Bureau. The Association may report the defaulting Owner to one or more credit reporting services.
Notice of Lien. The Association may cause a notice of the Association's assessment lien against the Unit to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may be sent to his mortgage holder.
Foreclosure of Lien -- Nonjudicially. The Board may instruct an attorney, officer, or agent of the Association to notify the defaulting Owner of the Association's intent to foreclose its assessment lien, to post the property for public auction, and to conduct a public auction of the Unit on the steps of the county courthouse in accordance with State law and the 32 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 6.1 Association's documents. The Board may not foreclose a lien consisting solely of fines or securing money for which the Association has obtained a personal money judgment.
Foreclosure of Lien Judicially. The Association may file suit against the Owner for judicial foreclosure of the Association's assessment lien, This action may be combined with a claim against the Owner's personal liability, for recovery of a money judgment.
suit against the Owner for judicial foreclosure of the Association's assessment lien, This action may be combined with a claim against the Owner's personal liability, for recovery of a money judgment.
Suit for Owner's Personal Liability. Whether or not the Association forecloses the Association's assessment lien, the Board may file suit for a personal judgment against the defaulting Owner, and may execute on the judgment.
Possession Following Foreclosure. If the Association purchases the Unit at public auction, the Board may immediately institute actions to recover possession.
Limited Right of Redemption. If the Association buys a Unit at the nonjudicial foreclosure sale of its assessment lien, the Association's ownership is subject to a ninety (90) day right of redemption by the Owner. TUCA's statutory right of redemption does not apply to judicial foreclosures or foreclosures of judgment liens.
Collection Agency. The Board may employ or assign the debt to one or more collection agencies.
Cancellation of Debt. If the Board deems the debt to be uncollectible, the Board may elect to cancel the debt on the books of the Association, in which case the Association may report the full amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.
Suspension of Voting Rights. The Association may suspend the voting rights of an Owner whose account with the Association is delinquent for at least thirty (30) days.
Suspension of Use of Certain Facilities or Services. The Association may suspend the use of any Common Element amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.
Utility Shut-Off. The Association may terminate utility service to the Unit for which
nities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.
Utility Shut-Off. The Association may terminate utility service to the Unit for which assessments used to pay the cost of that utility are delinquent, according to the Association's utility shut-off policy.
ARTICLE 6 GENERAL PROVISIONS Independent Judgment. Notwithstanding the contents of this detailed policy, the officers, directors, manager, and attorney of the Association will exercise their independent, collective, and respective judgment in applying this policy.
33 6.2 6.3 6.4 6.5 6.6 Other Rights. This policy is in addition to and does not detract from the rights of the Association to collect assessments under the Association's Documents and the laws of the State of Texas: Limitations of Interest. The Association, and its officers, directors, managers, and attorneys, intend to conform strictly to the applicable usury laws of the State of Texas.
Notwithstanding anything to the contrary in the Documents or any other document or agreement executed or made in connection with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If, from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid special and regular assessments, or reimbursed to the Owner if those assessments are paid in full.
Notices. Unless the Documents, Applicable Law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be
sessments are paid in full.
Notices. Unless the Documents, Applicable Law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records reflect that two (2) or more persons own a Unit, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one Occupant is deemed notice to all Occupants. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.
Definitions. Words and phrases used in this policy have the same meanings given to them by the Declaration.
Amendment of Policy. This policy will remain effective until ten (10) days after the Association delivers to an Owner of each Unit notice of amendment or revocation of this policy. The notice may be published and distributed in an Association newsletter or other community-wide publication.
[Remainder of This Page Intentionally Left Blank The Fine Policy Commences on the Following Page] 34 1.
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EXHIBIT E FINE AND ENFORCEMENT POLICY Background. This fine policy is based on the requirements of Sec. 82.102(d) and (e) of TUCA. To establish policies and procedures for fining under TUCA, the Declarant adopts this policy for the benefit of the Association, as part of the initial project documentation.
Owner acknowledges that Applicable Laws may modify the provisions of this Fine Policy and/or create rights or duties upon Owner which are not set forth in this Fine Policy and
l project documentation.
Owner acknowledges that Applicable Laws may modify the provisions of this Fine Policy and/or create rights or duties upon Owner which are not set forth in this Fine Policy and that Owner is responsible for complying with all Applicable Laws.
Policy. The Association uses fines to discourage violations of the Documents, and to encourage compliance when a violation occurs - not to punish violators or generate revenue for the Association. Although a fine may be an effective and efficient remedy for certain types of violations or violators, it is only one of several methods available to the Association for enforcing the Documents. The Association's use of fines does not interfere with its exercise of other rights and remedies for the same violation. Nor may the Association use fines to the exclusion of other remedies.
Owner's Liability. An Owner is liable for fines levied by the Association for violations of the Documents by the Owner, the Occupants of the Unit, and the relatives, guests, employees, and agents of the Owner and Occupants. Regardless of who performs the violation, the Association will direct its communications to the Owner, although the Association may send copies of its notices to the Occupant.
Violation Notice. Before levying a fine, the Association will give the Owner a written violation notice via certified mail, return receipt requested, and an opportunity to be heard, if requested by the Owner. This requirement may not be waived. The Association's written violation notice will contain the following items: (1) the date the violation notice is prepared or mailed; (2) a description of the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due to the Association from
lation notice is prepared or mailed; (2) a description of the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due to the Association from the Owner; (3) a reference to the rule or provision that is being violated; (4) a description of the action required to cure the violation; (5) the timeframe in which the violation is required to be cured to avoid the fine or suspension; (6) the amount of the fine; (7) a statement that no later than the thirtieth (30th) day after receiving the notice, the Owner may request a hearing pursuant to Section 82.102 of TUCA; and (8) a statement informing the Owner that they 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. §501 et seq.), if the Owner is serving on active military duty. The notice sent out pursuant to this paragraph is further subject to the following: (a) First Violation. If the Owner has not been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months, the notice will state those items set out in clauses (1) - (8) above, along with a specific timeframe by which the violation must be cured to avoid the fine.
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(b) (c) The notice must state that any future violation of the same rule may result in the levy of a fine.
Repeat Violation - No Cure Within 12 Months. If the Owner has been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months but commits the violation again, the notice will state those items set out in clauses (1) - (3), (6) and (8) above, but will also state that
r similar violation within the preceding twelve (12) months but commits the violation again, the notice will state those items set out in clauses (1) - (3), (6) and (8) above, but will also state that because the Owner has been given notice and a reasonable opportunity to cure the same or similar violation within the preceding twelve (12) months but has not cured the violation, then the Owner will be fined pursuant to Paragraph 7 below.
Continuous Violation. After an Owner has been notified of a violation as set forth herein and assessed fines pursuant to Paragraph 7 below, if the Owner has never cured the violation in response to either the notices or the fines, in its sole discretion, the Board may determine that such a circumstance is a continuous violation which warrants a levy of a fine based upon a daily, monthly, or quarterly amount as determined by the Board.
Violation Hearing. If the Owner is entitled to an opportunity to cure the violation, then the Owner has the right to submit a written request to the Association for a hearing before the Board or a committee appointed by the Board to discuss and verify the facts and resolve the matter. To request a hearing, the Owner must submit a written request (the "Request") to the Association's manager (or the Board if there is no manager) within thirty (30) days after the date of the violation notice. The Association must then hold the hearing requested no later than thirty (30) days after the Board receives the Request. The Board must notify the Owner of the date, time, and place of the hearing at least (10) days' before the date of the hearing. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. The Board or the Owner may request a postponement of
days' before the date of the hearing. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. The Board or the Owner may request a postponement of the hearing, and if requested, a postponement shall be granted for a period of not more than ten (10) days. Additional postponements may be granted by agreement of the parties.
Notwithstanding the foregoing, the Association may exercise its other rights and remedies as set forth in TUCA. Any hearing before the Board will be held in a closed or executive session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. The Owner shall attend the hearing in person, but may be represented by another person (i.e., attorney) during the hearing, upon advance written notice to the Board. If an Owner intends to make an audio recording of the hearing, such Owner's request for hearing shall include a statement noticing the Owner's intent to make an audio recording of the hearing, otherwise, no audio or video recording of the hearing may be made, otherwise approved by the Board.
Levy of Fine. The Association must notify an Owner of a levied fine or damage charge no later than the thirtieth (30 th) day after the date of the levy under Section 82.102(e) of TUCA.
A fine levied at a hearing requested by the Owner at which the Owner is present shall satisfy the notice requirement if the Board announces its decision to the Owner at the hearing. Otherwise, any fine or damage charge levied shall be reflected on the Owner's periodic statement of account or delinquency notices so long as such periodic statement or 36 7.
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notice is provided to the Owner not later than the thirtieth (30th) day after the date the fine
nt of account or delinquency notices so long as such periodic statement or 36 7.
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notice is provided to the Owner not later than the thirtieth (30th) day after the date the fine or damage charge is levied by the Board.
Amount. The first violation of the Documents is subject to a fine of Twenty-Five and No/Dollars ($25.00); the second violation of the same provision of the Documents is subject to a fine of Fifty and No/100 Dollars ($50.00); and the third and any subsequent violation of the same provision of the Documents is subject to a fine of One Hundred and No/100 Dollars ($100.00). If circumstances warrant a variance from this fine schedule, the Board will document the reasons for the variance in the minutes of its meeting. If the Association allows fines to accumulate, fines shall not exceed Five Hundred and No/100 Dollars ($500.00).
Type of Levy. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, monthly, or quarterly). If the violation is not ongoing, but is instead sporadic or periodic, the fine may be levied on a per occurrence basis.
Collection of Fines. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard. The Association may not foreclose its assessment lien on a debt consisting solely of fines. The Association may not charge interest or late fees for unpaid fines.
Amendment of Policy. This policy may be revoked or amended from time to time by the Board. Without limiting the foregoing, the Board may elect to amend this fine policy by setting fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation, and establishing a schedule of fines for
s fine policy by setting fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation, and establishing a schedule of fines for certain types of violations. This policy will remain effective until ten (10) days after the Association delivers to an Owner of each Unit notice of amendment or revocation of this policy. The notice may be published and distributed in an Association newsletter or other community-wide publication.
[Remainder of This Page Intentionally Left Blank The Mold Policy Commences on the Following Page] 37 EXHIBIT F MOLD POLICY Because the Association does not have continual access to Units, the Association relies on Owners and Occupants to control the moisture levels in their Units, and to promptly identify and report water leaks and water penetrations in their Units. That a Unit is vacant or occupied by a person other than the Owner does not relieve the Owner from fulfilling his obligations to the Association and to the Owners of other Units.
Each Owner and Occupant will regularly inspect their entire Unit (including inside closets and cabinets, and behind furniture and appliances) for visible surface mold and will promptly remove same using procedures recommended by an appropriate agency. Similarly, the Owner and Occupant will be alert to odors associated with mold and will try to locate the source of such odor when detected.
Each Owner and Occupant will regularly inspect their entire Unit (including inside closets and cabinets, and behind furniture and appliances) for leaks, breaks, or malfunctions of any kind that may emanate from or cause damage to the Common Elements or another Unit. When possible,
e closets and cabinets, and behind furniture and appliances) for leaks, breaks, or malfunctions of any kind that may emanate from or cause damage to the Common Elements or another Unit. When possible, such inspection will be performed after rains when leaks from wind-driven rain are most likely to be evident. Typical indicators of water penetration problems include water leaks around windows, doors, flues, and vents; standing water on a floor; water stains on ceilings and walls.
Each Owner and Occupant is responsible for the inspection, maintenance, repair, and replacement of all water-using appliances and fixtures in the Unit or serving the Unit exclusively, such as dishwashers, water heaters, washing machines, ice-makers, toilets, air conditioning drip pans, and shower pans. The Owner is solely responsible for any damage to the Owner's Unit, another Unit, or the Common Elements from the appliances and fixtures in the Owner's Unit or serving the Owner's Unit exclusively, regardless of the nature or exact location of the water source.
An Owner and Occupant will promptly report to the Association the discovery of any leak, break, or malfunction in any portion of the Owners Unit or the adjacent Common Elements for which the Association has a maintenance responsibility. The origin of a water leak can be difficult to locate and may require repeated attempts to repair. The failure of the Association or its contractors to effectively stop a water leak on the first repair attempt is not uncommon and must not dissuade an Owner or Occupant from re-reporting the leak on its next occurrence. The failure by an Owner and Occupant to promptly report a water leak or water penetration problem may be
n and must not dissuade an Owner or Occupant from re-reporting the leak on its next occurrence. The failure by an Owner and Occupant to promptly report a water leak or water penetration problem may be deemed negligence, thereby making the Owner and Occupant liable for any additional damage caused by the delay.
To mitigate damage from water leaks and penetrations, and to discourage mold, the Owner or Occupant of a Unit that experiences a water leak or penetration must promptly dry, clean, and disinfect the wet area. If the water penetration is inside a wall cavity or above a ceiling, the Owner or Occupant must inform the Association immediately.
38 To discourage mold in his Unit, the Owner or Occupant should maintain an inside humidity level under fifty percent (50%). If condensation or moisture collects on windows, walls or pipes, the Owner or Occupant should promptly dry the wet surface and reduce the moisture/water source.
Condensation is a strong indicator of humidity levels that are too high. If condensation continues to occur, the Owner or Occupant should contact an HVAC professional and pursue dehumidification solutions.
The failure to promptly and properly repair a water-related problem in a Unit may be deemed negligence by the Owner, who may be liable for any additional damage caused by the failure or the delay.
39 2020108259 Page 45 of 45 To discourage mold in his Unit, the Owner or Occupant should maintain an inside humidity level under fifty percent (50%). If condensation or moisture collects on windows, walls or pipes, the Owner or Occupant should promptly dry the wet surface and reduce the moisture/water source.
Condensation is a strong indicator of humidity levels that are too high. If condensation continues
ipes, the Owner or Occupant should promptly dry the wet surface and reduce the moisture/water source.
Condensation is a strong indicator of humidity levels that are too high. If condensation continues to occur, the Owner or Occupant should contact an HVAC professional and pursue dehumidification solutions.
The failure to promptly and properly repair a water-related problem in a Unit may be deemed negligence by the Owner, who may be liable for any additional damage caused by the failure or the delay.
39 (00177896.3 }