PRIA? 424, BOARD RESOLUTION OF GREENBRIAR COLONY TENNIS AND SWIM ASSOCIATION, INC Regarding Ratification of Amended Collection Policy, Supplemental Deed Restriction Policy and Record Retention Policy, for the Purpose of Filing in the County Real Property Records DATED: November 7, 2011.
STATE OF TEXAS § § COUNTY OFHARRIS § I, ao od President of Greenbriar Colony Tennis and Swim Association, Inc., (the “Association’ ’), do hereby certify that at a regular meeting of the Board of Directors of the Association, which was held on the 7 day of December 2011, with a quorum present and remaining throughout, and being duly authorized to transact business, the following resolution for the ratification of the Amended Collection Policy, the Amended Deed Restriction Policy and the Record Retention Policy for the purposes of filing in this County’s Real Property Records, was duly made and approved.
WHEREAS, the Association is a Texas non-profit corporation governed by the Texas Property Code; WHEREAS, the Amended Collection Policy, attached hereto as Exhibit “A” hereby ratified for the purpose of filing in this County’s Real Property Records; WHEREAS, the Supplemental Deed Restriction Policy, attached hereto as Exhibit is hereby ratified for the purpose of filing in this County’s Real Property Records; WHEREAS, the Record Retention Policy, attached hereto as Exhibit “C” hereby ratified for the purpose of filing in this County’s Real Property Records; IT IS, HEREBY, RESOLVED that the Board of Directors of the Association unanimously adopts this formal resolution for the purpose of filing the aforementioned documents in this County’s Real Property Records.
AFTER RECORDING, RETURN TO: Vo BB Lambright& Associates : Houston, Texas 77057 wen eg
ing the aforementioned documents in this County’s Real Property Records.
AFTER RECORDING, RETURN TO: Vo BB Lambright& Associates : Houston, Texas 77057 wen eg das STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF HARRIS § & This instrument was acknowledged before me on the ih day of December 2011, by Ponta Fie ae a , as a Board Member of Greenbriar Colony Tennis and Swim Association, Inc., on behalf of said cor oration.
N tary Public in and for the State of Tex; ok a JANET MARIE BONURA : Otary Publis, State of Texas |F Ag My Commission Expires |f Augue! 18, 2 2018 f ih ae th iN [Z2i/ et Dated Board Member STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF HARRIS § This instrument was acknowledged before me on the LA day of December Tennis and Swim Association, Inc., on behalf of said comporation.
f e] tt in ss re toe ti, ss JANET bi MARIE BONURA 4 linea beg My Commission Expires if Notary Public in and for the State of Texas =°5 WIA G Dated BoardMember —~S STATE OF TEXAS § 8 ACKNOWLEDGMENT COUNTY OF HARRIS § This instrument was acknowledged before me on the day of December 2011, by , as a Board Member of Greenbriar Colony Tennis and Swim Association, Inc., on behalf of said corporation.
Notary Public in and for the State of Texas lr | Ve AMENDED MAINTENANCE FEES/ COLLECTION POLICY 1. Application of Assessments, Charges, Fines and Fees.
For purposes of calculating an Owner’s account balance with the Association, payments received from owners will be applied in the following order: Delinquent assessments; then Current assessment; then
For purposes of calculating an Owner’s account balance with the Association, payments received from owners will be applied in the following order: Delinquent assessments; then Current assessment; then Attorney or third party collection service fees solely related to the delinquency; then Any other attorney’s fees on the account; then Fines levied by the Association pursuant to the governing documents; then f. Any other items owed by the Owner.
eo Pp © 2 2. Maintenance Assessment Due Date; Late Charges.
All maintenance assessments and related charges are due in full on the 1% day of each month.
Maintenance assessments not received in the offices of property management by 5:00 p.m. on the 30% day of each month are deemed delinquent and a $10.00 late charge will be assessed to the Owner's maintenance assessment account.
All assessment account balances, which shall include any applicable late fee charges and attorney’s fees, shall bear interest at a rate of ten percent (10 %) per annum.
3. Notices of Account Delinquencies All Owners whose accounts with the Association are delinquent shall receive a Notice, in writing, specifying each delinquent amount and a total balance required to bring the account current. Said Notice shall also describe the Owner’s options to avoid further collection efforts, such as the availability of a payment plan. Each Notice shall advise the Owner of its opportunity to cure default within thirty (30) days, and shall be sent to the Owner by U. S. Certified Mail, Return Receipt Requested.
4. Collection by Association’s Attorney. Any assessment remaining unpaid for sixty (60) days or any account accruing five hundred dollars ($500.00) or more in assessments, late charges, fines, collection charges,
n by Association’s Attorney. Any assessment remaining unpaid for sixty (60) days or any account accruing five hundred dollars ($500.00) or more in assessments, late charges, fines, collection charges, and attorney’s fees shall be turned over to the Association=s attorney for collection.
Greenbriar Colony Tennis & Swim Association, Inc.’s Amended Collection Policy All attorneys fees, court costs, and other related expenses for collection incurred through either the Management Agent or the Association=s attorney shall be charged back to the owner, whose failure to timely pay the assessment or related charges caused the expenditure of funds. All such charges shall be added to the amount of the assessments.
Payment Plans or a. Availability. Payment plans are available to an Owner whose account with the Association is delinquent. However, the Association may deny an Owner the option of entering into a payment plan if that Owner has breached a payment plan within the previous two (2) years.
b. General Terms. Upon entering into an acceptable payment plan, an Owner may make partial payments to cure its account delinquency without accruing additional penalties, although reasonable costs incurred by the Association in administering such payment plans may be charged, as well as interest accruing on the Owner's account balance. Payments received under the payment plan shall be applied pursuant to {/ 1, supra.
c. Attorneys and Property Manager Authorized to Enter Into Payment Plans. At all times during the collection process, the Association’s legal counsel is authorized to enter into reasonable arrangements with Owners in an attempt to collect the obligation owed to the Association. In the absence of a reasonable payment schedule,
iation’s legal counsel is authorized to enter into reasonable arrangements with Owners in an attempt to collect the obligation owed to the Association. In the absence of a reasonable payment schedule, or full payment of the assessment account, the Association attorneys and property manager are instructed to complete the entire collection process automatically.
Given that collecting maintenance assessments is more of an art than a science, reasonable latitude is necessary to allow the Association’s attorneys’ experience in collecting this type of debt to be fully utilized for the benefit of both the Association as a whole, and the individual owners.
Therefore, the Association’s attorneys are authorized to enter into a payment plan without Board approval. However, the Association’s counsel shall strive, excepting special circumstances, to have | homeowners enter into payment plans in conformance with the following: 1. One-third (1/3) of the balance as a down payment.
2, The payment plan will strive to conclude within three (3) months.
However, homestead owner plans may be extended, if reasonable, to achieve approximately a $500.00 per month cap.
Greenbriar Colony Tennis & Swim Association, Inc.’s Amended Collection Policy 3. If a payment plan is breached, an owner may be allowed a second payment plan on a showing of good faith or deposit of a substantial down payment. However, the Association’s attorneys are not required to offer second payment plans, and on breach, may reinstitute the collection process.
If the proposed payment plan exceeds three (3) months, the Board of Directors or the Property Manager will generally be requested to approve the payment plan.
6. If arrangements have not been made by the owner to pay the account by
ceeds three (3) months, the Board of Directors or the Property Manager will generally be requested to approve the payment plan.
6. If arrangements have not been made by the owner to pay the account by the foreclosure day, the property shall be foreclosed and sold at foreclosure sale. The Association shall bid at such sale by and through its attorney to complete the sale in accordance with the law.
7. Upon case by case approval of the Board of Directors, the Association=s attorney will be authorized to file a deficiency suit against the owners whose units have been foreclosed, but who still owe a balance of assessments to the Association.
8. This Policy, adopted by the Board of Directors, shall apply to all collections.
Greenbriar Colony Tennis & Swim Association, Inc.’s Amended Collection Policy BOARD POLICY RESOLUTION OF GREENBRIAR COLONY TENNIS AND SWIM ASSOCIATION, INC.
DATED:November 7, 2011 WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is a Texas Non-Profit Corporation governed by the Texas Property Code, and more specifically Chapter 202-211; and, WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is given authority to promulgate a Policy to regulate the installation, use and display of Solar Energy Devices as authorized under Texas Property Code § 202, et seq. as well as by Article III of the By-Laws for Greenbriar Colony Tennis and Swim Association, Inc.; WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is given authority to promulgate a Policy to regulate the installation, use and display of certain Roofing Materials, as authorized under Texas Property Code § 202, et seg. as well as by Article II] of the By-Laws for Greenbriar Colony Tennis and Swim Association, Inc.;
, use and display of certain Roofing Materials, as authorized under Texas Property Code § 202, et seg. as well as by Article II] of the By-Laws for Greenbriar Colony Tennis and Swim Association, Inc.; WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is given authority to promulgate a Policy to regulate the installation, use and display of certain Rainwater Harvesting System(s), as authorized under Texas Property Code § 202, et seq.
as well as by Article III of the By-Laws for Greenbriar Colony Tennis and Swim Association, Ine.; WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is given authority to promulgate a Policy to regulate the installation, use and display of certain Flags, as authorized under Texas Property Code § 202, et seq. as well as by Article III of the By-Laws for Greenbriar Colony Tennis and Swim Association, Inc.; WHEREAS, Greenbriar Colony Tennis and Swim Association, Inc., is given authority to promulgate a Policy to regulate the installation, use and display of certain Religious Items, as authorized under Texas Property Code § 202, et seg. as well as by Article III of the By-Laws for Greenbriar Colony Tennis and Swim Association, Inc.; Said Policy Regarding the aforementioned items and improvements stating as follows: I. POLICY REGARDING SOLAR ENERGY DEVICES 1. A “Solar Energy Device” has the meaning assigned by Section 171.107 of the Texas Tax Code.
2. Subject to the restrictions below, a property owner within Greenbriar Colony Tennis and Swim Association, Inc. may, at their own cost, install, maintain and utilize one or more Solar Energy Device(s) for the purpose of providing heating or cooling or to produce electrical or mechanical power by collecting and transferting solargenerated energy.
tain and utilize one or more Solar Energy Device(s) for the purpose of providing heating or cooling or to produce electrical or mechanical power by collecting and transferting solargenerated energy.
3. Restrictions on Installation, Maintenance and Use of Solar Energy Devices a.
No owner may install, maintain or use a Solar Energy Device that, as determined by a court of competent jurisdiction, threatens the public health or safety, or violates a law.
No owner may install a Solar Energy Device on the property owned or maintained by Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements.
No owner may install a Solar Energy Device on the property owned in common by the members of Greenbriar Colony Tennis and Swim Association, Inc., including but not limited te general common elements or limited common elements.
A Solar Energy Device installed upon the owner’s own property may only be installed: i. On the roof of the owner’s home; or ii. In a fenced yard or patio owned and maintained by the property owner.
Roof-mounted Solar Energy Devices must not: i, Extend higher than or beyond the roofline; ii. Fail to conform to the slope of the roof; iii. Include a top edge that is not parallel to the roofline; iv. Include a frame, support bracket or visible piping or wiring in a color other than silver, bronze or black f. Solar Energy Devices located in a fenced yard or patio owned or maintained by the property owner must not: .
j. Extend beyond or above the fence line; g. No Solar Energy Device, regardless of location or type, may void material warranties, as installed.
h. Owner must submit an ACC application to Greenbriar Colony Tennis and
or above the fence line; g. No Solar Energy Device, regardless of location or type, may void material warranties, as installed.
h. Owner must submit an ACC application to Greenbriar Colony Tennis and Swim Association, Inc. prior to the installation, maintenance or use of any Solar Energy Device, regardless of location or type. Procedures for approval will conform with those procedures already in place pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions.
i. Greenbriar Colony Tennis and Swim Association, Inc. retains the right to withhold approval of any Solar Energy Device if, in the written opinion of Greenbriar Colony Tennis and Swim Association, Inc., the placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.
Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether a proposed Solar Energy Device constitutes such a condition, save and except that the written approval of all homeowners adjacent to the proposed Device shall create a rebuttable presumption that such a condition does not exist.
I. POLICY REGARDING CERTAIN ROOFING MATERIALS i. An Owner who has already sought and received ACC approval to install shingles on the roof of their home, pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions, and who chooses to install specialized shingles designed primarily (1) to be wind resistant; (2) provide heating and cooling efficiencies greater than those provided by customary shingles; (3) provide solar generation capabilities, may install said specialty shingles, subject to the
esistant; (2) provide heating and cooling efficiencies greater than those provided by customary shingles; (3) provide solar generation capabilities, may install said specialty shingles, subject to the following restrictions: a. The color and appearance of the shingles must be submitted to the ACC for approval, to ensure that said shingles resemble the shingles used or otherwise authorized by Greenbriar Colony Tennis and Swim Association, Inc. for use in the subdivision; b. The shingles must be of equal or superior quality and durability to standard roofing shingles otherwise authorized by Greenbriar Colony Tennis and Swim Association, Inc. for use in the subdivision; c. The shingles must, within the determination of Greenbriar Colony Tennis and Swim Association, Inc., match the aesthetics of properties adjacent to Owner's property; d. No owner may install specialized shingles on the property owned or maintained by Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements.
e. No owner may install specialized shingles on the property owned in common by the members of Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements.
f. Owner must submit an ACC application to Greenbriar Colony Tennis and | Swim Association, Inc. prior to the installation, maintenance or use of any specialized shingles, regardless of location or type. Procedures for approval will conform with those procedures already in place pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions.
g. Greenbriar Colony Tennis and Swim Association, Inc. retains the right to
rm with those procedures already in place pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions.
g. Greenbriar Colony Tennis and Swim Association, Inc. retains the right to withhold approval of any Specialized shingles if, in the written opinion of Greenbriar Colony Tennis and Swim Association, Inc., the placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.
Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether a proposed specialized shingles constitutes such a condition.
Ii. POLICY REGARDING RAIN BARRELS AND RAINWATER HARVESTING SYSTEMS 1, An Owner who has already sought and received ACC approval to install a Rain Barrel or other approved Rainwater Harvesting System on their property, pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions may install said Rain Barrel or other approved Rainwater Harvesting System, subject to the following restrictions: a. No owner may install, maintain or use a Rain barrel or other approved rainwater harvesting system that, as determined by a court of competent jurisdiction, threatens the public health or safety, or violates a law.
b. No owner may install a Rain barrel or other approved rainwater harvesting system on the property owned or maintained by Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common — elements or limited common elements.
No owner may install a Rain barrel or other approved rainwater harvesting system on the property owned in common by the members of Greenbriar
d to general common — elements or limited common elements.
No owner may install a Rain barrel or other approved rainwater harvesting system on the property owned in common by the members of Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements.
. A Rain barrel or other approved rainwater harvesting system may be installed in a fully-enclosed and fenced yard or patio owned and maintained by the property owner.
. Rain barrel or other approved rainwater harvesting systems located in a fenced yard or patio owned or maintained by the property owner must not: i. Extend beyond or above the fence line; ii. Be located between the front of the Owner's property and an adjoining or adjacent street; A Rain barrel or other approved rainwater harvesting system may only be installed at the side of a house, or in a location visible from a street, another lot or a common area subject to the following requirements: i. Reasonably sufficient area on the owner's property exists in which to install the rain barrel or other approved rainwater harvesting device. Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether reasonably sufficient area exists on the owner’s property; ii, Any rain barrel or other approved rainwater harvesting device must be of a color consistent with the color scheme of the property; iii, No rain barrel or other approved rainwater harvesting device may display language or other content that is not typically displayed by such a device or system as it is manufactured; . No Rain barrel or other approved rainwater harvesting system, regardless of location or type, may void material warranties, as installed.
displayed by such a device or system as it is manufactured; . No Rain barrel or other approved rainwater harvesting system, regardless of location or type, may void material warranties, as installed.
. Owner must submit an ACC application to Greenbriar Colony Tennis and Swim Association, Inc. prior to the installation, maintenance or use of any Rain barrel or other approved rainwater harvesting system, regardless of location or type. Procedures for approval will conform with those procedures already in place pursuant to Article VIII of Declaration of Covenants, Conditions and Restrictions.
Greenbriar Colony Tennis and Swim Association, Inc. retains the right to withhold approval of any Rain barrel or other approved rainwater harvesting system if, in the written opinion of Greenbriar Colony Tennis and Swim Association, Inc., the placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether a proposed Rain barrel or other approved rainwater harvesting system constitutes such a condition.
IV. POLICY REGARDING DISPLAY OF CERTAIN RELIGIONS ITEMS i. An Owner may display certain religions items on the entry to owner’s property subject to the following restrictions: a. Any religious item displayed must be motivated by the owner or resident’s sincere religious belief; b. No displayed religious item may: i. Threaten the public health or safety in any manner whatsoever; ii. Violate any Federal, state or local laws; ii. Contain language, graphics, or depictions that are patently offensive to a passerby;
i. Threaten the public health or safety in any manner whatsoever; ii. Violate any Federal, state or local laws; ii. Contain language, graphics, or depictions that are patently offensive to a passerby; iv. Be displayed in any location other than the entry door or door frame of the property; v. Extend past the outer edge of the door frame of the owner’s or resident’s dwelling; vi. Exceed a total area of twenty-five (25) square inches.
ce. Greenbriar Colony Tennis and Swim Association, Inc. reserves the right to remove any item so displayed that, in the judgment of Greenbriar Colony Tennis and Swim Association, Inc. violates one or more of the restrictions included herein. Greenbriar Colony Tennis and Swim Association, Inc.
shall be the sole arbiter to determine whether such a violation exists.
V. POLICY REGARDING DISPLAY OF FLAGS 1. An Owner may display certain (4) the flag of the United States of America; (2) the flag of the State of Texas; or (3) an official flag or replica flag of any branch of the United States armed forces on their property, subject to the following restrictions: 9 General Restrictions In addition to the requirements set forth herein below, display of the flag of the United States of America must conform with the requirements under the United States Code, Sections 5-10; . In addition to the requirements set forth herein below, display of the flag of the State of Texas must conform with the requirements under the Texas Government Code Section 3100.
Only one (1) freestanding flagpole or mounted flagpole bracket may be utilized by any owner or resident, per residence. No more than one (1) flag of the approved types delineated above may be displayed simultaneously.
. No flag may be displayed or maintained in any manner other than on a
ner or resident, per residence. No more than one (1) flag of the approved types delineated above may be displayed simultaneously.
. No flag may be displayed or maintained in any manner other than on a freestanding flagpole, or via a mounted flagpole bracket.
All displayed flags, flagpoles and flagpole brackets must be maintained in good condition. In the event that any displayed flag, flagpole or flagpole bracket which is not, in the judgment of Greenbriar Colony Tennis and Swim Association, Inc. maintained in good condition, owner shall be responsible for repairing, replacing or removing said displayed flag, flagpole or flagpole bracket, upon written request of Greenbriar Colony Tennis and Swim Association, Inc.. Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether such a condition exists; No displayed flags shall exceed three (3) feet in height, and five (5) feet in length; . No owner may install a Flag on the property owned or maintained by Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements, with the exception of a wholly enclosed, fenced yard or patio area, . No owner may install a Flag on the property owned in common by the members of Greenbriar Colony Tennis and Swim Association, Inc., including but not limited to general common elements or limited common elements, with the exception of a wholly enclosed, fenced yard or patio area.
Restrictions on Freestanding Flags No flagpole located in or on an owner's property may exceed twenty (20) feet in height; b. Any flagpole located in or on an owner’s property must be constructed of a permanent, long-lasting material, with a finish appropriate to the material
roperty may exceed twenty (20) feet in height; b. Any flagpole located in or on an owner’s property must be constructed of a permanent, long-lasting material, with a finish appropriate to the material used in the construction of the flagpole, and harmonious with the dwelling; c. No flagpole located in or on an owner’s property may be located outside the applicable building setback lines for that lot; d. If lights are used to illuminate the flag during evening hours, said lights must be directed in such a manner, and utilized at an intensity that does not substantially interfere with the use and enjoyment of other owners or residents by causing unreasonable discomfort or annoyance to other persons of ordinary sensibilities. Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether such a condition exists.
e. No flagpole halyard, flagpole snap-hooks or other fastening devices shall be allowed to generate noise of an intensity or frequency so as to substantially interfere with the use and enjoyment of other owners or residents by causing unreasonable discomfort or annoyance to other persons of ordinary sensibilities. Greenbriar Colony Tennis and Swim Association, Inc. shall be the sole arbiter to determine whether such a condition exists.
f. An owner or resident may be required to utilize flagpole snap-hook covers to eliminate flagpole noise at the request of Greenbriar Colony Tennis and Swim Association, Inc.
Restrictions on Flags Displayed in Flagpole Brackets a. No flagpole mounted in a flagpole bracket may exceed five (5) feet in length.
b. If applicable, no flag displayed from a mounted flagpole bracket may extend beyond the airspace created by the boundaries of a fenced yard or patio area.
bracket may exceed five (5) feet in length.
b. If applicable, no flag displayed from a mounted flagpole bracket may extend beyond the airspace created by the boundaries of a fenced yard or patio area.
ce. No mounted flagpole bracket may be affixed to any portion of the general or limited common elements.
THEREFORE, BE IT RESOLVED THAT, Greenbriar Colony Tennis and Swim Association, Inc. adopts a uniform Policy to apply to all Unit Owners within Greenbriar Colony Tennis and Swim Association, Inc.; BE IT FURTHER RESOLVED THAT, the Policy approved by this resolution touches and concerns all Lots within Greenbriar Colony Tennis and Swim Association, Inc., and shall run with the land to all subsequent owners of said Lots; The Board of Directors of Greenbriar Colony Tennis and Swim Association, Inc.
Hereby memorializes in its minutes its formal resolution providing a uniform Policy for all Lots within Greenbriar Colony Tennis and Swim Association, Inc.
RECORDS RETENTION & ACCESS POLICY 1. Association Records to be Made Available upon Proper Request.
a. Written Request. The records of the Association are available for inspection by Owners upon receipt of a proper written request received via U. S. Certified Mail, Return Receipt Requested, from an Owner. Emails or other communications are not sufficient.
Records are available for inspection by an Owner’s agent, attorney or certified public accountant, provided that the Owner makes such designation in writing. The written request must contain sufficient detail to identify the records requested.
b. Inspection of Association Records. Within ten (10) business days of receipt of a proper written request pursuant to 1 (a), supra, the Association will respond with the location and dates and times
b. Inspection of Association Records. Within ten (10) business days of receipt of a proper written request pursuant to 1 (a), supra, the Association will respond with the location and dates and times available for the inspection. The date and time for such inspection i shall be mutually agreeable. A representative of the Association : must be present and supervise the inspection of records as the custodian of the Association records. The first hour of supervision is free of charge. There will be a $25.00 charge per hour for additional hours of supervision.
c. Association Records not Available for Inspection.
Absent written authorization by the affected Owner, the Association will not permit the inspection of (4) individual Owners’ deed violation histories; (2) individual Owner's financial information; (3) individual Owner contact information other than their address at the property; (4) information pertaining to Association employees; or (5) records and files of the Association’s attorney(s).
d. Copies of Records. At the request of an Owner, the Association will provide copies of specific records, within ten (10) business days, upon receipt of copy charges for said records. The Association may produce copies of requested records in paper, electronic or other format. If copies of requested records cannot be produced within ten (10) business days, then the Association shall send a notice to the Owner within the original ten (:0) day period. In such event, copies will be produced within fifteen (15) days of said notice.
e. Copy Charges. For paper copies, the following charges will apply: Item 8 Ys” x11” paper 11” x 17” paper Specialty Paper Greenbriar Colony Tennis & Swim Association’s Records Retention Policy Charge $15.00 per hour for actual time
s, the following charges will apply: Item 8 Ys” x11” paper 11” x 17” paper Specialty Paper Greenbriar Colony Tennis & Swim Association’s Records Retention Policy Charge $15.00 per hour for actual time to locate, compile and reproduce records (if more than 50 pages, or if records must be retrieved from an offsite storage facili Overhead 20% of total labor charge (if more than 50 pages, or if records must be retrieved from an offsite storage facili Materials (labels, boxes, folders, | Actual cost etc., including The estimated total charge for copies of Association records will be due prior to any copies being made or released. Within thirty (30) business days of receipt, the Association will reconcile the actual cost to copy the records with its estimate and return any excess amount.
2. Association Records Retention Policy. The Board of Directors adopts the following policy concerning retention of Association records, and directs its property manager to develop, administer, and adhere to the following: a, Governing Documents. Originals and/or certified copies of the Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws of the Association, Amendments thereto, Policies passed by Board Resolution and/or Owners, other documents filed with the Secretary of State related to the Association, Rules and Regulations for the property and amendments thereto, shall be permanently kept in the offices of property management.
b. Association and Board Documents. Originals and/or copies of agendas, meeting minutes and proposals, meeting notices, signin sheets, proxies, ballots and tally sheets pertaining to Annual and Special Meetings of Association Members, as well as agendas, meeting minutes, proposed and approved Board Resolutions, for all
gnin sheets, proxies, ballots and tally sheets pertaining to Annual and Special Meetings of Association Members, as well as agendas, meeting minutes, proposed and approved Board Resolutions, for all meetings of the Association’s Board of Directors shall be kept in the offices of property management for a period of two (2) years, after which such records may be stored off-site at an appropriate location. After the expiration of seven (7) years, such documents may be destroyed.
ec. Accounting and Deed History Records. Computerized Greenbriar Colony Tennis & Swim Association's Records Retention Policy accounting and deed restriction violation records for each Owner shall be maintained in electronic format by the property management company onsite for a period of two (2) years, after which such records may be stored off-site at an appropriate location. After the expiration of seven (7) years, such documents may be destroyed.
d. Other Association Files. Originals and/or copies of file materials pertaining to an Owner’s membership in the Association, including but not limited to maintenance assessment collection, deed restriction enforcement, correspondence, litigation matters, and other documents shall be kept in the offices of property management for two (2) years after such matter is closed, after which such records may be stored off-site at an appropriate location. After the expiration of seven (7) years, such documents may be destroyed.
e. Association Communications. Originals and/or copies of all communications sent and received by members of the Board of Directors on Association-owned computers, and those of agents of the Association conducting business on its behalf, shall be kept in their original format for seven (7) years, after which such
oard of Directors on Association-owned computers, and those of agents of the Association conducting business on its behalf, shall be kept in their original format for seven (7) years, after which such documents may be destroyed.
f. Litigation Hold. In the event the Association is involved in litigation, a “litigation hold” will be placed on all correspondence, electronic communications, voice mail, reports and other documents relevant to the matter forming the subject of the litigation. In such event, this provision supersedes subsections (ae). Retention policies for matters in litigation will be established on a case-by-case basis.
Other Charges. Other charges made payable to the Association or Randall Management: 08 Payable To Monthly Collection Fee Transfer Fee Refinance Fee $100-250 —- Varies by the | Randall Met.
size & complexity of questionnaire — submit form for a quote.
Rush Fee for Resale Cert. & | $25.00 - Only if needed in Mortgage Questionnaire Randall Met.
Greenbriar Colony Tennis & Swim Association's Records Retention Policy [ Questionnaires jess than 48 hours NSF Fee — Returned checks $25.00 Credit Card Convenience Fee | $10.00 Title Search $40.00 Lien Search $90.00 Gate Cards N/A | | Tenant Screening N/A Certified Mail Fee $15.00 | Parking Stickers N/A Tennis Court Keys $15.00 Varies by Violation & severity of the violation Varies by Violation & severity of the violation Fines $75.00 Termite Inspection N/A Force Deed Compliance Forced Repair Recreation/Pool Tags | Clubhouse Rentals $5.00 per person N/A AMT PROVSOR HEBER AH oF sd N/A N/A N/A Association N/A Association Billed back at the rate charged by vendor.
Association Billed back at the rate charged by vendor.
i SISCH TE SUE REESE Cage ee ESCHIAC
MT PROVSOR HEBER AH oF sd N/A N/A N/A Association N/A Association Billed back at the rate charged by vendor.
Association Billed back at the rate charged by vendor.
i SISCH TE SUE REESE Cage ee ESCHIAC PROPERTY Besa g Gve Wie Ran \ Bastin, 089 UE GF FEB 5 i) THe STAKE OF a AO MES HAD AD UieeG EIA UDERDENL Pa ope TY ae HARRIS iol ay Beal 5 chin ass FLED b Rly Kisibe Semone ihe i AS, US was Saly RECORD y de Ohad ri blep tern Pubs Rea of Fat Propet of Hany DEC 28 anit Greenbriar Colony Tennis & Swim Association’s Records Retention Policy COUNTY CLERK HARRIS COUNTY, TEXAS won 639652 ee ‘on | for ON ‘ GREENBRIAR COLONY TENNIS AND SWIM ASSOCIATION; INE, § x THE STATEOF TEXAS § © S152 101768534 UeRBESe $75.00 de - COUNTY OF HARRIS § The undersigned, being the President of Greenbriar Colony Tennis and Swim Association, Inc, a property owners’ association as defined in Section 202.001 of the Texas Property Code (“the 8 Association”), hereby certifies as follows: & 1. Property: The Property to which the Notice applies is described as follows: a. - All that certain property known as Greenbriar Colony Townhouses, a Harris County subdivision, according to the map or plat thereof filed of record in Volume 295, Page 79 of the Map Records of Harris County, Texas; and : ; b All that certain property known as Greenbriar Colony Patio Homes, a uw G Harris County subdivision, according to the map or plat thereof filed of N record in Volume 298, Page 4 of thé Map Records of Harris County, Texas.
r 2. Restrictive. Covenants. The description of the document(s) imposing’ restrictive ' covenants on the Property, the amendment(s) to such document(s), and the recording — d information for such document(s) are as follows: ‘ . a. Docutnents:
on of the document(s) imposing’ restrictive ' covenants on the Property, the amendment(s) to such document(s), and the recording — d information for such document(s) are as follows: ‘ . a. Docutnents: (1). Declaration of Covenants, Conditions and Resttictions Greenbriar ' . Colony Tennis and Swim Association, Inc. .
(2). Amendment to Declaration of Covenants, conditions and Restrictions Greenbriar Colony Townhouse Association No.1, Inc. — wre ha groper a Restrictions for Greenbriar Colony Townhouses and Greenbriar Colony Patio Homes, b, Recording Information: - , (1). Harris County Clerk’s File Number G705640 and refiled under Harris County Clerk’s File Number G733581.
(2). Harris County Clerk’s File Number H309840.
(3). Harris County Clerk’s File Number 1446766, 3. Dedicatory Instruments: In addition to the Restrictive Covenants identified in Paragraph 2 above ‘and the Other Dedicatory Instruments identified in Paragraph 3 above, the following documents are Dedicatory Instruments governing the Association: a ‘Atticles of Incorporation of Greenbriar Colony Tennis and Swim Association, Inc.
Notice of Dedicatory Instruments for Greenbriar Colony Tennis and Swim . Page I of 2 Title Data TX 192.168.50.15 HA V639652.001 ii st eee at CE He de wore pores ce PUI reeeeren an Tre erpe atircened Snnraht abeieiiien Dear sehen te Cote eeeieeter tees 6 Sy Co eo Ere ea ee ~ EE Title Data TX 192.168.50.15 HA V639652.002 ie b. By-Laws of Greenbriar Colony Tennis and Swim Association, Inc.
- ‘First Amended By-Laws of Greenbriar Colony. Tennis and Swim Association, Inc.
True and correct copies of such Dedicatory Instruments are attached to this Notice.
y Tennis and Swim Association, Inc.
- ‘First Amended By-Laws of Greenbriar Colony. Tennis and Swim Association, Inc.
True and correct copies of such Dedicatory Instruments are attached to this Notice.
This Notice is being recorded in the Official Records of Real Property of Harris County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. [hereby certify that the | information set forth in this Notice is true and correct and that the copies of the Dedicatory Instruments attached fo this Notice are e true and correct copies of the originals.
Executed on this yk day of _] " er cA ; 2002. . i GREENBRIAR COLONY TENNIS AND SWIM ASSOCIATION, INC, | By: C, Chaparral Management Company Pamela D. Bailey ‘THE STATEOFTEXAS —‘§ '§ COUNTY OFHARRIS — § -BEFORE ME, the undersigned notary public, on this day personally appeared Pamela D. .
Bailey, of CMC, Chaparral Management Company, the Managing Agent of Greenbriar Colony Tennis and Swim Association, Inc., known to me to be.the person Whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed: the same for the Purpose and in the capacity therein expressed.
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arch , 2002, to certify which witness my hand and official seal.
Notary Public in and “i the State of Texas Return to: Butler & Hailey _ a ition murat te 1616 South Voss Road, Suite 500 als SUBAN A fi JONES , . ; . | HBAS’ FE MY COMMISSION EXPIRES — fp Houston, Texas 77057-2631 irae Augusl 2 2004 Notice of Dedicatory Instruments for Greenbriar Colony Tennis and Swim - ‘ Page 2 of 2 RPE ATEN ETS GET RT TCT INES AY ERE PTR sree anger oF Dee TERRA RTE DOT IDSC TET II TR ee Ne eee en me Ope Om nA me see op Soe Cie eta anes Sac
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