Recorded On: June 13, 2023 10:55 AM Total Recording: $214.00 Denton County Juli Luke County Clerk Instrument Number: 61068 ERecordings-RP MISCELLANEOUS Number of Pages: 48 " Examined and Charged as Follows: " Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 61068 Receipt Number: 20230613000231 Recorded Date/Time: June 13, 2023 10:55 AM User: Station: DENTON COUNTY 1846 * TEXAS Kerry H Station 4 Record and Return To: Corporation Service Company STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke County Clerk Denton County, TX AFTER RECORDING, PLEASE RETURN TO: Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1717 Main Street Suite 4600 Dallas, Texas 75201 CERTIFICATE AND MEMORANDUM OF RECORDING OF DEDICATORY INSTRUMENTS FOR LSE CORINTH COMMUNITY ASSOCIATION, INC.
STATE OF TEXAS COUNTY OF DENTON ess ess cas The undersigned, as attorney for LSE Corinth Community Association, Inc., a Texas nonprofit corporation, for the purpose of complying with Section 202.006 of the Texas Property Code and to provide public notice of the following dedicatory instrument affecting the owners of property described in the Declaration of Covenants, Conditions and Restrictions for Lake Sharon Phase III, recorded on April 26, 2021, and recorded as Instrument No. 73668, in the Official Public Records of Denton County, Texas, including any amendments and supplements thereto
ns for Lake Sharon Phase III, recorded on April 26, 2021, and recorded as Instrument No. 73668, in the Official Public Records of Denton County, Texas, including any amendments and supplements thereto ("Property"), hereby states that the dedicatory instruments attached hereto are a true and correct copy of the following: (1) Collection Policy (Exhibit A-1); (2) Covenant Enforcement and Fine Policy (Exhibit A-2); (3) Addendum to Covenant Enforcement and Fining Policy: Hearing Before the Board (Exhibit A-3); (4) Guidelines for the Display of Certain Religious Items (Exhibit A-4); (5) Guidelines for Security Measures (Exhibit A-5); Page 1 (6) Installation of Swimming Pool Enclosures (Exhibit A-6); (7) Obtaining Bids or Proposals for Certain Contracts (Exhibit A-7); (8) Inspection and Copying of Books and Records (Exhibit A-8); (9) Resolution of the Board of Directors Regarding the Document Retention Policy (Exhibit A-9); and (10) Procedures for Informing Owners of Architectural Decisions and Exercising the Right to Appeal Architectural Decisions to the Board of Directors (Exhibit A-10).
All persons or entities holding an interest in and to any portion of the Property are subject to the foregoing dedicatory instruments until amended. The attached dedicatory instruments replace and supersede all previously recorded dedicatory instruments addressing the same or similar subject matter and shall remain in force and effect until revoked, modified, or amended by the Board of Directors.
IN WITNESS WHEREOF, LSE Corinth Community Association, Inc., has caused this Certificate and Memorandum of Recording of Dedicatory Instruments to be recorded in the Official Public Records of Denton County, Texas.
LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas nonprofit corporation γmáy phát.
By:
ndum of Recording of Dedicatory Instruments to be recorded in the Official Public Records of Denton County, Texas.
LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas nonprofit corporation γmáy phát.
By: Its: Attorney Page 2 STATE OF TEXAS COUNTY OF DALLAS § § 88 § BEFORE ME, the undersigned Notary Public, on this day personally appeared Vinay B.
Patel, attorney for LSE Corinth Community Association, Inc., a Texas nonprofit corporation, known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 13th day of June, 2023.
Notary Public, State of Texas TARY PUBLIC STATE OF .............
SALVADOR FIERRO Notary Public, State of Texas Comm. Expires 08-08-2026 Notary ID 129914547 Page 3 Exhibit A-1 LSE CORINTH COMMUNITY ASSOCIATION, INC.
COLLECTION POLICY One of the many advantages of living in a community association is sharing with other members the costs of certain maintenance, repairs, and amenities that are often too expensive for a single-family homeowner. All LSE Corinth Community Association, Inc.
("Association") members are legally bound to share in those costs.
WE'RE IN THIS TOGETHER To properly maintain Association Common Properties, it's imperative that each member contributes in paying their assessments in full in a timely manner. Delinquencies throw the Association's entire budget off course and negatively affect all members' lifestyles.
KEEPING UP OUR END OF THE BARGAIN To sufficiently maintain the community, our governing documents give the Board of Directors of the Association ("Board") have the authority to impose and collect assessments and
OUR END OF THE BARGAIN To sufficiently maintain the community, our governing documents give the Board of Directors of the Association ("Board") have the authority to impose and collect assessments and other allowable charges from the community members. The Board has adopted the following Collection Policy to fulfill its duty in a fair, systematic, and impartial manner.
1. Association Assessments and Other Charges as Members of the Association are required to pay the Association regular assessments and special assessments (collectively, referred to "Association Assessments") along with other charges, including but not limited to deed restriction violation fines, late fees, legal fees, interest and/or any other charges imposed under this Collection Policy and allowable by the governing documents (collectively, "Charges").
For more information, refer to Article X, Sections 10.1, 10.7, 10.13, and 10.14 of the Declaration.
2. Where to Send Payment All payments are to be delivered to the Association's managing agent's office or the Association's bank account through online payments c/o Singer Association Management, Inc. https://www.singermanagemcat.com/.
3. When Association Assessments and Other Charges Are Due Association Assessments are due in annual installments on January 1st of each year. Unless otherwise stated, all other Charges are due within 30 days of notice of members' obligation to pay. If a member does not pay in full any Association Assessment or other Charge by its due date, that payment is deemed delinquent.
Non-receipt of an Association Assessment will in no way relieve the member of the obligation to pay the amount due, including Charges, by the due date.
4. Late Payments Once the Association Assessment and/or Charge
an Association Assessment will in no way relieve the member of the obligation to pay the amount due, including Charges, by the due date.
4. Late Payments Once the Association Assessment and/or Charge is delinquent, the Association may take any or all of the following actions: a. Collection fees, late charges, and interest If the Association does not receive payment for any Association Assessment and/or Charge in full on or before the 30th day after it becomes due, the delinquent member shall pay the Association for its time and overhead in collecting the late payment, as follows: a $50.00 collection fee; and a $25.00 late charge; Collection fees and fate fees will be charged and accrued on a monthly basis until the outstanding delinquent amount is paid.
COLLECTION POLICY Page 1 b. Returned check fees and bank charges In addition to any Charges that may be applicable, for each check that is returned by a bank for any reason, the owner shall pay any related bank charges, any fees for liquidated damages that the Association incurs because of the returned check, and up to a $30.00 returned check fee.
c. Initial collection letter Upon the 60th day of delinquency, an initial collection letter will be sent as required by Texas Property Code Chapter 209 via first class mail and certified mail return receipt requested, along with the second collection notice, to the delinquent member outlining the balance owed to the Association and the intention of turning the account over to the attorney if not paid within 45 days.
d. Account referred to an attorney The Association may, in its sole discretion, refer a delinquent account to an attorney for further action after the 105th day of delinquency. The attorney may do any or all of the following: i.
ii.
iii.
iv.
V.
iation may, in its sole discretion, refer a delinquent account to an attorney for further action after the 105th day of delinquency. The attorney may do any or all of the following: i.
ii.
iii.
iv.
V.
Send an initial demand/FDCPA validation letter to the delinquent member outlining the balance owed with the intention of proceeding to the next collection action if payment is not received within 30 days; File a notice of assessment lien or similar titled instrument against the delinquent member and the property in accordance with Avondale's governing documents and applicable law; File a lawsuit to collect the amount owed and foreclose the assessment lien by judicial sale or Application for Expedited Foreclosure to foreclose the assessment lien; Foreclose on the property; and/or Take any and all other appropriate legal action.
e. Attorney's fees and costs of collection The delinquent member shall be responsible for all of the Association's attorney's fees and costs of collection, including, but not limited to court costs.
5. Crediting Late/Partial Payments All delinquent accounts shall remain delinquent until the account is paid in full. No partial payments will waive the Association's right to pursue full payment and/or to enforce the provisions of this Collection Policy. The Association will apply partial payments to the outstanding balance in the following order: .
Delinquent regular and special assessments, with payment applied to the oldest assessment balance first; Current regular and special assessments; Attorney's fees, related to collection and other collection costs; Other attorney's fees; Fines; and Any other amount owed to the Association.
6. Notices, Payments, and Consequences of Nonpayment Unless otherwise required by law, all notices
d other collection costs; Other attorney's fees; Fines; and Any other amount owed to the Association.
6. Notices, Payments, and Consequences of Nonpayment Unless otherwise required by law, all notices will be sent by first-class mail, postage prepaid, to the delinquent member's address as shown in the Association's records on the date the notice goes out. Monthly late fees will be assessed until all amounts due are paid in full before and the notice period expires. If the notice period expires without full payment, the consequences set forth in the notice and/or in this Collection Policy shall apply.
7. Request for waiver of late fees and collection fees adjustment Unless otherwise directed, a one-time courtesy adjustment of the late fee may be waived by the Association or managing agent when the delinquent Owner has paid the remaining delinquent balance including, but not limited to, collection fees, attorney's fees, and other expenses paid by the Association to other parties for the purpose of collection the debt.
COLLECTION POLICY Page 2 8. Request for alternate payment schedule In an effort to assist delinquent members in the payment of Association Assessments, the Board has established the following Collection Policy available to delinquent members upon their written request: i. The minimum payment schedule term is 3 months and the maximum payment schedule term is 12 months with equal payments due on the 1st day of each of month.
ii. The Association may charge reasonable costs associated with administering the alternative payment schedule.
iii. To be eligible for a payment plan, the delinquent member must not have defaulted on a prior payment plan within the 2-year period preceding the request for a payment plan.
9. Military Exemptions
iii. To be eligible for a payment plan, the delinquent member must not have defaulted on a prior payment plan within the 2-year period preceding the request for a payment plan.
9. Military Exemptions Person(s) serving in the armed forces of the U.S.
Military, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of the collection notice immediately as you may be afforded certain protections during active duty military service and for up to nine (9) after the end of active duty military service.
10. Independent Judgment Notwithstanding the contents of this details Collection Policy, the Board, managing agent, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this Collection Policy.
11. Amendment of Policy This Collection Policy may be amended, from time to time, by the Board.
IN WITNESS WHEREOF, the Board has caused this Collection Policy to be effective and executed by its duly authorized representative as of the June 2 20.23.
LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation Varsie Jenkins By: CARICIE JENKINS PRESIDENT COLLECTION POLICY Page 3 Exhibit A-2 COVENANT ENFORCEMENT AND FINE POLICY FOR LSE CORINTH STATE OF TEXAS COUNTY OF DENTON § § § WHEREAS, the Board of Directors of LSE Corinth Community Association, Inc.
("Board") is the entity responsible for the operation of LSE Corinth Community Association, Inc.
("Association"), pursuant to and in accordance with that certain Declaration of Covenants,
iation, Inc.
("Board") is the entity responsible for the operation of LSE Corinth Community Association, Inc.
("Association"), pursuant to and in accordance with that certain Declaration of Covenants, Conditions and Restrictions for Lake Sharon, Phase III, including amendments thereof or supplements thereto ("Declaration") and the Bylaws of LSE Corinth Community Association, Inc., including amendments thereof or supplements thereto ("Bylaws"), all recorded in the Official Public Records of Denton County, Texas; and WHEREAS, the Declaration affects certain parcels or tracts of real property in the City of Corinth, Denton County, State of Texas ("Property"); and WHEREAS, pursuant to express authority set forth in the Declaration and the Bylaws, the Association, acting by and through the Board, has the authority to enforce the provisions of the Declaration, the power to promulgate and enforce the provisions of the Declaration, including establishing and imposing reasonable monetary fines or penalties for the violation of the Association's dedicatory instruments, including, but not limited to, the Declaration, the Bylaws, rules and regulations, policies, resolutions, or design/architectural guidelines (collectively, the "Governing Documents"); and WHEREAS, the Board has authority pursuant to the Declaration and the Bylaws to determine, in its reasonable discretion, the manner in which violations of the Governing Documents are to be remedied; and WHEREAS, the Board has and does hereby find the need to establish rules, regulations, and procedures for the enforcement of the restrictions contained in the Governing Documents and for the elimination of violations which may be found to exist within the Property.
h rules, regulations, and procedures for the enforcement of the restrictions contained in the Governing Documents and for the elimination of violations which may be found to exist within the Property.
NOW THEREFORE, IT IS RESOLVED that the following rules, regulations, and procedures relative to the operation of the Association are hereby established for the enforcement of violations of the Governing Documents and for the elimination of such violations found to exist in, on or about the Property (hereinafter referred to as the "Enforcement Policy").
COVENANT ENFORCEMENT AND FINE POLICY Page 1 1.
Establishment of a Violation.
a. Failure to Obtain Prior Approval. Any additions, improvements, modifications, and/or repairs of any kind or nature erected, placed, or altered on any Lot which (i) requires the prior approval of the improvement by the Architectural Review Committee (the "ARC" as defined in the Declaration) and (ii) has not been first approved by the ARC is deemed a "Violation" under this Enforcement Policy for all purposes.
Failure to Abide by the Governing Documents.
b.
(i) Any construction, alteration or modification to any improvement on a Lot which does not in all respects conform to that which has been so approved or any activity or condition allowed to continue or exist on any Lot that is in direct violation of the Governing Documents is also deemed a "Violation" under this Enforcement Policy for all purposes.
(ii) Any violation of the Governing Documents or noncompliance of a deed restriction covenant is deemed a "Violation" under this Enforcement Policy for all purposes.
с.
Common Violations. Exemplar violations are outlined in Exhibit 1 titled "Common Violations". This is not an exhaustive list of Violations.
2.
Notification.
this Enforcement Policy for all purposes.
с.
Common Violations. Exemplar violations are outlined in Exhibit 1 titled "Common Violations". This is not an exhaustive list of Violations.
2.
Notification.
a. Initial Notice (Courtesy Notice). Upon verification of the existence of a Violation by the Association or management company representative ("Management") of the Association, the Association may send to the Owner a written notice of the existence of the Violation ("Initial/Courtesy Notice"). The Initial/Courtesy Notice will generally inform the Owner of the following: (i) The nature, description, and location of the Violation; and (ii) What needs to be done to cure the Violation, and provide notice that the Violation must be cured within fourteen (14) days 1.2 of the date of the Initial/Courtesy Notice to avoid further enforcement measures; and (iii) A statement that if the Violation has already been cured, remedied, corrected or plans and specifications for the subject improvement have been submitted to the ARC, to disregard the notice.
The Association may, but is under no obligation, send one (1) or more Initial/Courtesy Notice(s).
1 For purposes of this Enforcement Policy, the term "days" shall mean calendar days.
2 The Board may require certain Violations be cured within three (3) days from the date of the letter.
COVENANT ENFORCEMENT AND FINE POLICY Page 2 b. Notice of Violation. If the Owner has (i) failed to submit plans and specifications for the offending improvement or modification to the ARC, or the ARC has denied the approval of plans and specifications initially submitted, and/or (ii) the Violation is continuing, then no earlier than fourteen (14) days from the date of the Initial/Courtesy
the ARC has denied the approval of plans and specifications initially submitted, and/or (ii) the Violation is continuing, then no earlier than fourteen (14) days from the date of the Initial/Courtesy Notice, the Association shall send to the Owner written notice ("Notice of Violation") informing the Owner of the following: (i) The nature, description, and location of the Violation and notification that if the Violation is corrected or eliminated by a specific date (not number of days), no further action will be taken; and (ii) Notification that if the Violation is not corrected or eliminated by the date specified in 2(b)(i), any attorney's fees incurred by the Association in eliminating or abating the Violation, and any violation fines imposed as determined by the Board, shall be charged to the Owner's account; and (iii) Notification of the proposed sanction to be imposed and amount due the Association, if any, and a brief description of what needs to be done to cure the Violation; and (iv) If necessary, work on any improvement not designed to cure the Violation must cease immediately and may not resume without the prior written approval of the ARC; and (v) Failure to remedy the Violation or cease work on any unauthorized improvement will result in the Association electing to pursue any one or more of the remedies available to the Association under the Governing Documents or this Enforcement Policy; and (vi) In the event the Violation is deemed to be an incurable violation or violation posing a threat to health or safety, the Association is not required by law to provide an opportunity to cure and may impose an immediate fine. The following are examples of acts considered incurable: (1) shooting fireworks
th or safety, the Association is not required by law to provide an opportunity to cure and may impose an immediate fine. The following are examples of acts considered incurable: (1) shooting fireworks or discharging a firearm; (2) an act constituting a threat to health or safety; (3) a noise violation that is not ongoing; (4) damaging Association property, including the removal or alteration of landscape; and (5) holding a garage sale or other event prohibited by a dedicatory instrument; and (vii) His/her right to assert and protect his/her rights as a member of the Armed Forces of the United States. The protected individual or family member shall send written notice of the active-duty military service to the sender of the Notice of Violation immediately; and (viii) Advise the Owner that he or she has the right to make a written request for a hearing on or before the thirtieth (30th) day after the Notice of Violation COVENANT ENFORCEMENT AND FINE POLICY Page 3 is mailed, i.e., 33 days after the date of the Notice of Violation. The hearing, if one is requested in a timely manner, will be held before the Board.
The Notice of Violation shall be sent to the Owner by certified mail, return receipt requested, and first-class U.S. mail.
с. Failure to Remedy and Notice of Fine. Failure to either (i) submit complete plans and specifications showing that the Violation will be remedied, (ii) cease all non-remedial work immediately upon receipt of the Notice of Violation, and/or (iii) remedy the current Violation existing upon the Lot within fourteen (14) days of the date of the Notice of Violation, shall constitute a continuing Violation and result in one or more of the following: (a) the imposition of violation fines as determined by the Board against
ays of the date of the Notice of Violation, shall constitute a continuing Violation and result in one or more of the following: (a) the imposition of violation fines as determined by the Board against the Owner, (b) the suspension of the right to enter upon and/or use any recreational facilities within the Common Area(s), and/or (c) the pursuit of any other remedy available at law or in equity, under the Governing Documents or this Enforcement Policy including, but without limitation, the recording in the County Clerk's office, of a Notice that the Lot in question is in violation of restrictive covenants or an action for injunctive relief and civil damages. The Association may send, but is under no obligation, a notice to the Owner in the form of a formal written notice of fine ("Notice of Fine") informing the recipient of the continuing Violation and the remedy chosen as a result thereof. The date of the Notice of Fine shall be the "Notice of Fine Date."
d.
Fine Structure. Unless otherwise provided herein, any single fine imposed pursuant to the provisions of this Enforcement Policy may not exceed $500.00 as determined by the Board and an Initial Fine of not less than $50.00 may be imposed for failure to remedy or cure the Violation. In the event the Owner fails to respond or comply by remedying or curing the Violation within fourteen (14) days after the Initial Fine, additional fines may be imposed as follows: Curable Violations Initial Fine Second Fine Third Fine Fourth and Subsequent Fines Unapproved ARC Modifications and Uncurable Violations and Violations Which Pose a Threat to Public Health or Safety Initial Fine Second Fine Third Fine Fourth and Subsequent Fines COVENANT ENFORCEMENT AND FINE POLICY $50.00 $100.00 $200.00 $400.00 $100.00 $200.00 $400.00 $500.00
a Threat to Public Health or Safety Initial Fine Second Fine Third Fine Fourth and Subsequent Fines COVENANT ENFORCEMENT AND FINE POLICY $50.00 $100.00 $200.00 $400.00 $100.00 $200.00 $400.00 $500.00 Page 4 Fines and the frequency of fines, are to be determined by the Board, may be imposed every day that the Violation continues to exist after the Notice of Fine date.
There shall be no limit to the aggregate amount of fines that may be imposed for the same Violation. The Owner may be notified by the Association in writing of the amount of fines accrued to Owner's account. The Board may modify, from time to time, the schedule of fines. The Board reserves the right to adjust these fine amounts based on the severity and/or frequency of the Violation(s).
3.
Right to a Hearing Before the Board of Directors. If the Association receives a written request for a hearing on or before the thirtieth (30th) day after the date of the Notice of Violation, the Board shall hold a hearing not later than the thirtieth (30th) day after the date the Association received the written request for a hearing. The Association shall notify the Owner of the date, time and place of the hearing not later than the tenth (10th) day before the date of the hearing. The Board or the Owner may request a postponement and, if requested, a postponement shall be granted for a period of not more than ten (10) days. Additional postponements may only be granted by agreement of the parties. The Owner's presence is not required to hold a hearing under this paragraph. The Association or Owner may make an audio recording of the hearing.
For additional hearing procedures, including relevant provisions of the Texas Property Code which been amended which govern the hearing afforded to homeowners following
audio recording of the hearing.
For additional hearing procedures, including relevant provisions of the Texas Property Code which been amended which govern the hearing afforded to homeowners following a notice of enforcement action, please refer to the Association's Addendum to Covenant Enforcement and Fining Policy: Hearing Before the Board.
Not later than ten (10) days before the Board holds a hearing, the Association shall provide to the Owner a packet containing all documents, photographs, and communications relating to the matter which the Association intends to introduce at the hearing ("Evidence Packet"), if any. If the Board intends to produce any documents, photographs, and communications during the hearing, and does not send an Evidence Packet to the Owner in a timely manner, the Owner is entitled to an automatic 15-day postponement of the hearing. At the commencement of the hearing, a member of the Board or the Association's designated representative shall present the Association's case against the Owner. Following the presentation by the Board, the Owner or the Owner's designated representative is entitled to present the Owner's information and issues relevant to the appeal or dispute. The Owner or the Board may make an audio recording of the hearing. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed by the Board. The Board shall notify the Owner in writing of its action within ten (10) days after the hearing. The Board may, but shall not be obligated to, suspend any proposed sanction if the Violation is cured within the ten (10) day period. Such suspension shall not constitute a waiver of the right to sanction future Violations of the same or other provisions and rules by any Owner.
the Violation is cured within the ten (10) day period. Such suspension shall not constitute a waiver of the right to sanction future Violations of the same or other provisions and rules by any Owner.
Prior to the hearing, proof of proper notice of the hearing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by an Officer, Director or agent who delivered such notice. The notice requirement shall be satisfied if the Owner appears at the meeting. The minutes of the meeting shall contain a statement of the results of the hearing and the sanction, if any, imposed.
COVENANT ENFORCEMENT AND FINE POLICY Page 5 4. Corrective Action (Self-Help). Notwithstanding the provisions contained in Paragraph 2 hereof, where a Violation of Declaration or duly promulgated rules and regulations or design/architectural guidelines is determined to exist pursuant to any provision of this Enforcement Policy, Management, with the approval of the Board, may undertake to cause the Violation to be corrected, removed or otherwise abated by qualified contractors if the Association, in its reasonable judgment, determines that such Violation may be readily corrected, removed or abated without undue expense and without breach of the peace. Where Management is authorized by the Board to initiate any action by qualified contractors, the following shall apply: a. The Association, through Management, must first provide the Owner with an Initial/Courtesy Notice as provided above. Should the Violation not have been remedied by the Owner within fourteen (14) days from the date of the Initial/Courtesy
must first provide the Owner with an Initial/Courtesy Notice as provided above. Should the Violation not have been remedied by the Owner within fourteen (14) days from the date of the Initial/Courtesy Notice, then the Association must give the Owner, and any third party directly affected by the proposed action, prior written notice of the undertaking of the action ("Notice of Corrective Action"). The Notice of Corrective Action shall be sent to the Owner by certified mail, return receipt requested, and first-class U.S. mail, and include an opportunity for the Owner to cure the Violation prior to the undertaking of any corrective action.
b.
Any cost incurred in correcting or eliminating a Violation shall be charged to the Owner's account.
с. The Association, the Board, and its agents and contractors shall not be liable to the Owner or any third party for any damages or costs alleged to arise by virtue of action taken under this Paragraph 4 where the Association, the Board, its agents and contractors have acted reasonably and in conformity with this Enforcement Policy.
5.
Referral to Legal Counsel. Where a Violation is determined to exist by the Board pursuant to any of the provisions of this Enforcement Policy and where the Board deems it to be in the best interests of the Association, the Board may, at any time and without prior notice to the Owner under the Enforcement Policy, refer the Violation to legal counsel for purposes of seeking to correct or otherwise abate the Violation, including an action for injunctive relief and/or civil damages against the Owner, or any other legal or equitable remedy that may be available to the Association.
6.
Notices.
a. Any notice required by this Enforcement Policy to be given, sent, delivered,
damages against the Owner, or any other legal or equitable remedy that may be available to the Association.
6.
Notices.
a. Any notice required by this Enforcement Policy to be given, sent, delivered, or received in writing will be deemed to have been given, sent, delivered, or received, as the case may be, upon the earlier to occur of the following: (i) When the notice is delivered by electronic mail, the notice is deemed delivered and received when the sender "sends" the electronic mail and receives a confirmation or report acknowledging the time and date it was delivered. It is an Owner's duty and responsibility to keep an updated electronic mail address registered with the Association.
COVENANT ENFORCEMENT AND FINE POLICY Page 6 (ii) When the notice is placed into the care and custody of the United States Postal Service, the notice is deemed delivered and received as of the third day after the notice is deposited into a receptacle of the United States Postal Service with postage prepaid and addressed to the most recent address of the recipient according to the records of the Association. Any Notice of Violation or Notice of Corrective Action shall be sent certified mail, return receipt requested, and First-Class U.S. Mail.
b.
Where the Lot is occupied by a tenant or where the interests of an Owner have been handled by a representative or agent of such Owner, any notice or communication from the Association or Management pursuant to this Enforcement Policy will be deemed full and effective for all purposes if given to the Owner at the address on record with the Association. The Association may, as a courtesy, also provide notice to the tenant.
7.
Cure of Violation During Enforcement. An Owner may correct or eliminate a
Owner at the address on record with the Association. The Association may, as a courtesy, also provide notice to the tenant.
7.
Cure of Violation During Enforcement. An Owner may correct or eliminate a Violation at any time during the pendency of any procedure prescribed by this Enforcement Policy.
Upon verification by the Association that the Violation has been corrected or eliminated, and any fines imposed by the Board has been paid, the Violation will be deemed to no longer exist and the Notice of Violation shall be voided except as hereinafter provided. The Owner shall be advised by the Association of the consequences of the future Violation of the same provision of the Governing Documents as set forth in the following paragraph. The Owner will remain liable for all fines levied under this Enforcement Policy, which fines, if not paid upon written demand thereof by the Association, will be referred to the Association's legal counsel for collection. The Board, however, in its sole and absolute discretion, reserves the right to suspend or waive some or all of the fines imposed. The suspension or waiver of fines shall not constitute a waiver of the right to sanction Violations of the same or other provisions and rules by any person.
8. Repeated Violation of the Same Provision of the Governing Documents.
Whenever an Owner, who has previously cured or eliminated a Violation after receipt of an Initial/Courtesy Notice, commits a separate Violation of a similar provision of the Governing Documents within six (6) months from the date of the Notice of Violation, the Association shall reinstate the Violation, including the fines previously imposed related to such Violation that were
ning Documents within six (6) months from the date of the Notice of Violation, the Association shall reinstate the Violation, including the fines previously imposed related to such Violation that were waived by the Board, and pursue the procedures set forth herein as if the Violation had never been cured or eliminated. For purposes of illustration only, in the event the Owner cured the Violation after having received an Initial/Courtesy Notice, the second Violation of the same provision shall prompt the Association to send a Notice of Violation. Similarly, in the event the Owner cured the Violation after having received a Notice of Violation, the second Violation shall prompt the Association to send a Notice of Fine as provided hereunder. In the event an Owner cured the Violation after having received a Notice of Fine, the second Violation shall prompt the Association to commence the levying of violation fines without further notice to the Owner. In the event of a repeated Violation, the Board shall be authorized to double the fine amount.
9. Payment of Violation Fines. Payment of the violation fine amount does not imply or constitute a waiver of enforcement or the granting of a variance for the Violation. All COVENANT ENFORCEMENT AND FINE POLICY Page 7 Violations must be corrected and brought into compliance with the Governing Documents. If there is a subsequent Violation of a similar rule, the fine amount will be imposed pursuant to the Fine Structure provision. Failure to pay fines may result in a lien on the Owner's Property. The Owner shall be responsible for any fines and enforcement costs assessed on the Property. If applicable, it is the Owner's responsibility to pursue reimbursement of the fines from the tenant(s).
y. The Owner shall be responsible for any fines and enforcement costs assessed on the Property. If applicable, it is the Owner's responsibility to pursue reimbursement of the fines from the tenant(s).
10. Authority of Management To Act. The Board hereby authorizes and empowers Management to do all such things and perform all such acts as are necessary to implement and effectuate the purposes of the Enforcement Policy and compliance with Texas Property Code Section 209.0051(h), including the levying of violation fines, without further action by the Board.
11. Binding Effect. The terms and conditions of this Enforcement Policy, as may be amended from time to time by the Board, shall bind all Owners including their heirs, successors, transferees or assigns, and all Lots as defined in the Declaration, and the Property shall hereafter be held, occupied, transferred, and conveyed subject to the terms and conditions of this Enforcement Policy, as amended by the Board.
This Enforcement Policy is hereby adopted by resolution of the Board and replaces and supersedes, in all respects, all prior policies and resolutions with respect to the enforcement of Violations by the Association, and shall remain in force and effect until revoked, modified, or amended by the Board.
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Definitions. The definitions contained in the Association's Governing Documents are hereby incorporated herein by reference.
IN WITNESS WHEREOF, the Board has caused this Enforcement Policy to be effective and executed by its duly authorized representative as of the JUNE 2 2023.
LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation By: CARRIO JENKINS Its: PRESIDENT COVENANT ENFORCEMENT AND FINE POLICY Page 8 EXHIBIT 1 Common Violations*
s of the JUNE 2 2023.
LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation By: CARRIO JENKINS Its: PRESIDENT COVENANT ENFORCEMENT AND FINE POLICY Page 8 EXHIBIT 1 Common Violations* Holiday Decorations (if not removed within 21 days of the holiday) Property used for storage (boats, vehicles, trailers, ATV, RVs, oversized work trucks, and any other oversized vehicle, etc.)
Trash cans, trash bags and recycling left in public view on days other than designated city trash pick-up days Trash, debris, or refuse on property Unapproved signs in yards or on property, including commercial/vendor signs Home maintenance/repairs that do not conform with other homes in the subdivision (ex: rotting wood/siding, broken, missing or dilapidated fence pickets/fences, fence staining, sagging gutters, damaged garage door, replacing broken light fixtures, etc.)
Exterior painting needed (ex: house, front door, siding) Failing to maintain lawn, including irrigation equipment, remove weeds from flower beds and tree wells, trim bushes, etc.
Littering in Common Areas Modification, and/or addition made to Property without prior approval from the ARC Vehicle violations, include, but are not limited to, any vehicle without a current (or missing) license plates or inspection sticker, wrecked, dismantled in any way or discarded is considered inoperable Vehicle parking violations Unapproved roof Recreational equipment Failure to remove pet waste or not keeping pet on leash Livestock or poultry kept on property Violations of the leasing or occupancy related rules * This is not an exhaustive list of violations.
Common Violations Exhibit A-3 STATE OF TEXAS COUNTY OF DENTON 88 8 LSE CORINTH COMMUNITY ASSOCIATION, INC.
ADDENDUM TO COVENANT ENFORCEMENT AND
ed rules * This is not an exhaustive list of violations.
Common Violations Exhibit A-3 STATE OF TEXAS COUNTY OF DENTON 88 8 LSE CORINTH COMMUNITY ASSOCIATION, INC.
ADDENDUM TO COVENANT ENFORCEMENT AND FINING POLICY: HEARING BEFORE THE BOARD WHEREAS, pursuant to the Declaration of Covenants, Conditions and Restrictions for Lake Sharon, Phase III ("Declaration"), the Board of Directors of the LSE Corinth Community Association, Inc. ("Association") is authorized to pursue enforcement of violations of the Association's dedicatory instruments, including but not limited to the Declaration, Bylaws, rules and regulations, policies, resolutions, or design/architectural guidelines.
WHEREAS, relevant provisions of the Texas Property Code have been amended which govern the hearing afforded to homeowners following a notice of enforcement action; and WHEREAS, the Board of Directors ("Board") adopted a Covenant Enforcement and Fine Policy ("Enforcement Policy") which is the Official Public Records of Denton County, Texas; and WHEREAS, the Board of Directors desires to approve an addendum to the Enforcement Policy to incorporate the relevant provisions of the Texas Property Code, as amended (the "Addendum"); and WHEREAS, in the event of a conflict between the Addendum and the Enforcement Policy, the terms and conditions of the Addendum shall govern and control.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth in Chapter 209 of the Texas Property Code, the following procedures and practices are established and adopted as an Addendum to the Enforcement Policy.
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Request for a Hearing and Hearing. If the owner challenges the proposed action by timely requesting a hearing, the hearing may be held in executive session of the Board affording
nforcement Policy.
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Request for a Hearing and Hearing. If the owner challenges the proposed action by timely requesting a hearing, the hearing may be held in executive session of the Board affording the alleged violator a reasonable opportunity to be heard.
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Such hearing shall be held no later than the 30th day after the date the Board receives the owner's request for a hearing. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting.
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The notice of the hearing shall be sent no later than the 10th day before the date of the hearing.
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The Board or the owner may request a single postponement, and, if requested, a postponement shall be granted for a period of not more than ten (10) days. Additional postponements are allowed but only by agreement between the Board and the owner requesting the hearing.
ADDENDUM-ENFORCEMENT POLICY Page 1 d.
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Not later than 10 days before the Board holds a hearing, the Association shall provide to the owner a packet containing all documents, photographs, and communications relating to the matter which the Association intends to introduce at the hearing (the "Evidence Packet"), if any.
If the Board intends to produce any documents, photographs, and communications during the hearing, and does not send an Evidence Packet to the owner in a timely manner, the owner is entitled to an automatic 15day postponement of the hearing.
At the commencement of the hearing, a member of the Board or the Association's designated representative shall present the Association's case against the owner.
Following the presentation by the Board, the owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.
inst the owner.
Following the presentation by the Board, the owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.
The owner or the Board may make an audio recording of the hearing.
The minutes of the hearing shall contain a written statement of the results of the hearing and the sanction, if any, imposed by the Board. The Board shall notify the owner in writing of its action within ten (10) days after the hearing. The Board may, but shall not be obligated to, suspend any proposed sanction if the Violation is cured within the ten-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any owner.
IT IS FURTHER RESOLVED this Addendum was duly introduced, seconded, and adopted at a meeting of the Board, at which a quorum was present, by a majority vote of the members of the Board present, and shall remain in force and effect until revoked, modified, or amended by the Board. This Addendum shall be filed of record in the Official Public Records of Denton County, Texas.
Date: JUNE 2 2023.
ADDENDUM-ENFORCEMENT POLICY LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation Carme gankens By: CARRE JENKINS President Its: Page 2 Exhibit A-4 STATE OF TEXAS COUNTY OF DENTON (1) (2) (3) 8888 LSE CORINTH COMMUNITY ASSOCIATION, INC.
GUIDELINES FOR THE DISPLAY OF CERTAIN RELIGIOUS ITEMS These Guidelines are promulgated pursuant to Section 202.018 of the Texas Property Code and outline the restrictions applicable to religious displays in order to permit them while also striving to maintain an aesthetically harmonious and peaceful neighborhood for all neighbors to enjoy.
and outline the restrictions applicable to religious displays in order to permit them while also striving to maintain an aesthetically harmonious and peaceful neighborhood for all neighbors to enjoy.
An owner may display or affix on owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief.¹ If displaying or affixing of a religious item on the owner's or resident's property or dwelling violates any of the following covenants, then LSE Corinth Community Association, Inc. ("Association") may remove or require the removal of the item(s) displayed that (a) (b) (c) (d) (e) (f) threaten the public health or safety; violate a law other than a law prohibiting the display of religious speech; contain language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content; is in a location other than the owner's or resident's property or dwelling, i.e., installed on property owned or maintained by the Association, or owned in common by two or more members of the Association; is located in violation of any applicable building line, right-of-way, setback, or easement; or is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.
(4) Display Parameters: a. All religious displays must be located within 5' of the dwelling's frontmost building line (i.e., within 5' of the front facade of the dwelling.)
b. Displays may not be located within building setbacks.
For purposes of these Guidelines, a sincere religious belief relates to the faithful devotion to a god or gods, the supernatural or belief that addresses fundamental and ultimate questions having to do with deep and imponderable
ines, a sincere religious belief relates to the faithful devotion to a god or gods, the supernatural or belief that addresses fundamental and ultimate questions having to do with deep and imponderable matters. A religion is comprehensive in nature; it consists of a belief-system as opposed to an isolated teaching.
Religious displays are different than signs or other figures related to a cause.
DISPLAY OF RELIGIOUS ITEMS Page 1 (5) c. No portion of the display may extend above the lowest point of the dwelling's front roof line.
d. All displays must be kept in good repair.
e. Displays may not exceed 5' in height x 3' in width x 3' in depth.
f. The number of displays is limited to three (3).
g. This paragraph 4 shall not apply to seasonal religious holiday decorations as described in paragraph 5.
h. All religious item displays other than seasonal religious displays must receive prior approval from the Association's Architectural Review Committee body prior to installation, except for displays on any exterior door or door frame of the home that are 25 square inches or smaller. For example, and without limitation, no prior permission is required from the Association to place a cross, mezuzah, or other similar religious symbol smaller than 25 square inches on the dwelling's front door or door frame.
Seasonal Religious Holiday Decorations. Seasonal religious holiday decorations are temporary decorations commonly associated with a seasonal holiday, such as Christmas or Diwali lighting, Christmas wreaths, and Hanukkah or Kwanzaa seasonal decorations. The Board of Directors has the discretion to determine what items qualify as seasonal religious holiday decorations. Unless otherwise provided by the
ths, and Hanukkah or Kwanzaa seasonal decorations. The Board of Directors has the discretion to determine what items qualify as seasonal religious holiday decorations. Unless otherwise provided by the Declaration, seasonal religious holiday decorations may be displayed no more than 30 days before and no more than 21 days after the holiday in question.
IT IS RESOLVED these Guidelines were duly introduced, seconded, and adopted at a meeting of the Board of Directors, at which a quorum was present, by a majority vote of the members of the Board of Directors present, and shall remain in force and effect until revoked, modified or amended by the Board of Directors. These Guidelines shall be filed of record in the Official Public Records of Denton County, Texas.
Date: JUNE 2 2023.
DISPLAY OF RELIGIOUS ITEMS LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation arme Senken By: CACKTE UJENKINS Its: PRESIDENT Page 2 Exhibit A-5 STATE OF TEXAS COUNTY OF DENTON 88s LSE CORINTH COMMUNITY ASSOCIATION, INC.
GUIDELINES FOR SECURITY MEASURES (1) These Guidelines are promulgated pursuant to Section 202.023 of the Texas Property Code and outline the restrictions applicable to the construction or installation of security measures, including but not limited to a security camera, motion detector, or perimeter fence, by owners.
(2) (3) Owners may install or build security measures on their lot for the purpose of deterring criminal acts or to increase personal security while adhering to and promoting the design, harmony, and aesthetics of the subdivision. The LSE Corinth Community Association, Inc. ("Association") shall have the sole and absolute discretion in determining whether an item or improvement is a reasonable security measure subject to the allowances provided
ommunity Association, Inc. ("Association") shall have the sole and absolute discretion in determining whether an item or improvement is a reasonable security measure subject to the allowances provided by these Guidelines.
Cameras/Motion Detectors. Owners may place cameras and motion detectors on their lot for security measures, not on the lot of any other owner, and not on any Association property. Cameras shall be used for the primary purpose of capturing images of the lot on which the camera is installed and shall not unreasonably interfere with the use and enjoyment of any neighbor's lot or Association property. Camera use will be limited to situations that do not violate the reasonable expectation of privacy as defined by law.
(4) Perimeter Fencing. Plans and specifications, including an application for the installation of a perimeter fence, will not be reviewed or approved by the Association's Architectural Review Committee ("ARC") unless accompanied by: (i) the drawing showing materials, dimensions and location submitted in order to obtain a permit; and (ii) a permit issued by the City or other applicable municipal authority allowing the installation. Perimeter fencing is permitted by the Association as a security measure and must be ground-mounted on the boundary line of the owner's lot and installed in a contiguous manner around the entirety of the lot boundaries. No gaps in perimeter fencing are permitted, i.e., the perimeter fencing must fully enclose the lot. Perimeter fencing shall not exceed six feet (6') in height or be lower than four feet (4') in height. A gate in a perimeter fence is for all purposes considered part of the fence. Any gate shall open towards the interior of the lot.
ed six feet (6') in height or be lower than four feet (4') in height. A gate in a perimeter fence is for all purposes considered part of the fence. Any gate shall open towards the interior of the lot.
The Association may prohibit fencing other than perimeter fencing. All fencing including perimeter fencing must receive prior written approval from the ARC. Perimeter fencing shall not consist of any barbed wire, razor wire, wire mesh, chain link, or vinyl. Electrically charged fencing is prohibited.
(5) Plans and Specifications. Prior to installation of any security measure, the owner must submit plans and specifications including dimensions, colors, materials, and proposed location on the owner's lot, scaled in relation to all boundary lines and other improvements GUIDELINES - SECURITY MEASURES Page 1 (6) on the lot. Plans must be submitted to the ARC, and the owner must receive prior written approval prior to installation of any security measures. All proposed installations must be of a type, including materials, color, design, and location, approved by the ARC. The ARC may require the use of, or prohibit, specific materials, colors, and designs and may require a specific location(s) for the security measure. An owner who builds or installs a security measure must ensure that compliance with all laws, ordinances, and codes. An approval of an application for a security measure by the ARC is not a guaranty or representation of compliance with any laws, ordinances, codes, or drainage requirements, and the owner assumes all risks, expenses and liabilities associated with safety measures built or installed, including, but not limited to, the city or county requiring the removal of perimeter fencing for any reason.
mes all risks, expenses and liabilities associated with safety measures built or installed, including, but not limited to, the city or county requiring the removal of perimeter fencing for any reason.
AN APPROVAL OF AN APPLICATION FOR A SECURITY MEASURE BY THE ARC SHALL IN NO WAY BE CONSIDERED OR CONSTRUED THAT THE ASSOCIATION OR ITS ARC ARE INSURERS OR GUARANTORS OF SECURITY OR SAFETY OF PERSONS, PROPERTY OR POTENTIAL CRIMINAL ACTIVITY.
FURTHER, NEITHER THE ASSOCIATION NOR ITS ARC SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE OR INEFFECTIVENESS OF THE OWNER'S SECURITY MEASURE(S).
(7) Any security measure built or installed must be properly maintained, kept in good repair, and not permitted to go into a state of disrepair or become an eyesore, as determined in the sole and absolute discretion of the Board of Directors.
IT IS RESOLVED these Guidelines were duly introduced, seconded, and adopted at a meeting of the Board of Directors, at which a quorum was present, by a majority vote of the members of the Board of Directors present, and shall remain in force and effect until revoked, modified, or amended by the Board of Directors. These Guidelines shall be filed of record in the Official Public Records of Denton County, Texas.
Date: JUNE 2 2023.
GUIDELINES - SECURITY MEASURES LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation Carrie One By: CACKFE JENKINS PRESIDENT Its: Page 2 Exhibit A-6 STATE OF TEXAS COUNTY OF DENTON 1.
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LSE CORINTH COMMUNITY ASSOCIATION, INC.
GUIDELINES FOR THE INSTALLATION OF SWIMMING POOL ENCLOSURES A "Swimming Pool Enclosure," as used herein shall mean and refer to a fence that surrounds a water feature, including a swimming pool or a spa, installed as a safety measure
F SWIMMING POOL ENCLOSURES A "Swimming Pool Enclosure," as used herein shall mean and refer to a fence that surrounds a water feature, including a swimming pool or a spa, installed as a safety measure to prevent accidental drownings of children.
A Swimming Pool Enclosure may not be installed upon or within the Common Properties or any area which owned or maintained by LSE Corinth Community Association, Inc.
("Association").
The Swimming Pool Enclosure may be installed after receiving written approval from the Association's Architectural Review Committee. The submittal shall include a pictorial design of the Swimming Pool Enclosure which includes, at a minimum, the height of the fence and the colors of all materials.
To be approved, the Swimming Pool Enclosure: a. may not exceed six feet (6') in height; b. may not include, as part of the design, any aspect or feature which would allow a child to climb on, up or over the fence; c. may consist of have black metal frames; and d. may consist of clear plastic panels or black transparent mesh.
The owner is solely responsible, to the exclusion of the Association, to ensure that all aspects of the Swimming Pool Enclosure function properly to effectuate its intended purpose as a safety measure to prevent accidental drownings of children.
IT IS RESOLVED that these Guidelines are effective when filed with the Office of the Denton County Clerk, and shall remain in force and effect until revoked, modified or amended by the Association.
Date: JUNE 2 2023.
SWIMMING POOL ENCLOSURES LSE CORINTH COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation Carin BY: CARRE JENKINS Its: PRESIDENT Solo Page Exhibit A-7