“e 2415 FPG VOL 1381 RESOLUTION OF THE BOARD OF DIRECTORS OF LAKEWOOD OWNERS ASSOCIATION ADOPTION OF FINE AND ENFORCEMENT POLICY WHEREAS, Lakewood Owners Association, Inc. (hereinafter the “Association”) is a property owners association established and governed by that certain Amended and Restated Declaration of the Restrictions, Covenants, Conditions and Reservations for Lakewood Estates and Lakewood Park, recorded with the Official Public Records of Bandera County, Texas (the “Restated Declaration”) that is further subject to and governed by Chapter 209 of the Texas property Code; WHEREAS, Article II, Section 2.25 of the Restated Declaration authorized the Board of Directors (the “Board”) of the association to assess fines against Owners for violations of the restrictions; WHEREAS, Section 209.0061 of the Texas Property Code requires property owners association that are authorized by their dedicatory instrument to levy fines to adopt an enforcement policy regarding the levying of fines that must include a schedule of fines and information regarding hearings described by Section 209.007 of the Texas Property Code (“Chapter 209 Enforcement Hearings”); WHEREAS, the Board wishes to adopt a Fine and Enforcement Policy that establishes a schedule of fines for violations of the Amended and Restated Declaration and other dedicatory instruments of the Association and provides information regarding Chapter 209 Hearings in compliance with Section 209.0061 of the Texas Property Code; WHEREAS, the Board approved and adopted the attached Fine and Enforcement Policy (hereinafter referred to as the “Policy”) for the purpose of establishing a schedule of fines and providing information regarding Chapter 209 Hearings at a meeting of the Board conducted on November 11, 2024.
fter referred to as the “Policy”) for the purpose of establishing a schedule of fines and providing information regarding Chapter 209 Hearings at a meeting of the Board conducted on November 11, 2024.
BE IT RESOLVED, that the Board hereby approves and adopts the Fine and Enforcement Policy attached hereto as Exhibit “A” and Fine Schedule as Exhibit “B” for it to be recorded in the Official Public Records of Bandera County, Texas.
Executed this fn day of TUL 2025.
ecretary- Lori Nelson President- Sherry Pipkin STATE OF TEXAS § 8 COUNTY OF BANDERA § This instrument was acknowledged before me on the 14th day of July 2025, by Sherry Pipkin, President and Lori Nelson, Secretary of the Lakewood Owners Association, Inc.. on behalf of said nonprofit corporation.
sees, MARCY L. CRANE 32° “2 Notary Public, State of Texas S ?
: Ratg Comm. Expires 01-10-2027 : ae <S — Notary ID 131849776 Notary PubKe of Texas Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 314 PG VOL 1381 DOC oo270534 EXHIBIT A FINE AND ENFORCEMENT POLICY OF LAKEWOOD OWNERS ASSOCIATION This Fine Policy of LAKEWOOD OWNERS ASSOCIATION (the “Association") was duly adopted on the 11th day of November, 2024, setting forth certain policies of the Association in connection with the management of the Association and the property known as Amended and Restated Declaration of Restrictions, Covenants, Conditions and Reservations for Lakewood Owners Association, Inc., as recorded in Volume 1211, Page 827 et seq. of the Official Public Records of Bandera County, Texas, and all amendments, annexations and supplements thereto ("Declaration"); and the Bylaws of the Association, as recorded in Volume 1245, Page 538 et. seq. of the Official Public Records of Bandera County, Texas, and all amendments thereto
upplements thereto ("Declaration"); and the Bylaws of the Association, as recorded in Volume 1245, Page 538 et. seq. of the Official Public Records of Bandera County, Texas, and all amendments thereto ("Bylaws"); and all policies, rules and regulations duly adopted by the Association from time to time (collectively, "Governing Documents").
This Fine Policy is adopted pursuant to the powers granted to the Association by the Governing Documents, which enable the Association to adopt policies, such as a Fine Policy and a Suspension of Privileges policy, for Owners ("Owners") as needed to aid in the enforcement of the terms of the Governing Documents. Any previously adopted policies or other Governing Documents setting forth requirements for the imposition of fines or the suspension of privileges by the Association for violations of the Governing Documents are of no further force or effect.
The adoption of this Fine Policy for the purposes stated herein is in compliance with TEX. PROP. CODE § 202.006, which requires all Associations to file all Governing Documents in the real property records of each county in which the Property, to which the Governing Documents relate, is located. This Fine Policy shall become effective as of the date it is filed in the Official Public Records of Bandera County, Texas.
This policy shall be provided to the Owner of each property in the Association by: ® posting the policy on an Internet website maintained by the Association or an agent acting on behalf of the Association and accessible to members of the Association; or ® annually sending a copy of the policy, separately or included in routine communication from the Association to property Owners, by: ® hand delivery to the Owner;
le to members of the Association; or ® annually sending a copy of the policy, separately or included in routine communication from the Association to property Owners, by: ® hand delivery to the Owner; e first class mail to the Owner's last known mailing address; or * e-mail to an e-mail address provided to the Association by the Owner; and e making the policy available on any publicly accessible Internet website maintained by the Association or an agent acting on behalf of the Association.
Definitions Capitalized terms contained herein shall have the following meanings: 1. Association. “Association” shall mean and refer to Lakewood Owners Association, Inc., a Texas non-profit corporation.
2. Bylaws. “Bylaws” shall mean the Bylaws of the Association as recorded in Volume 1245, Page 538 et. seq. of the Official Public Records of Bandera County, Texas, and all amendments thereto.
3. Declaration. “Declaration” shall mean the Amended and Restated Declaration of Restrictions, Covenants, Conditions and Reservations for Lakewood Owners Association, Inc., as recorded in Volume 1211, Page 827 et seq. of the Official Public Records of Bandera County, Texas, including all amendments, annexations and supplements thereto.
4. Governing Documents. “Governing Documents” shall mean the Declaration, as the same may be amended from time to time, together with the Rules and Bylaws of the Association, as the same may be amended from time to time.
Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 ¥ 317 PG VOL i38i DOC 002705354 5. Owner. “Owner” or “Owners” shall mean a person or persons holding a fee simple interest in any portion of a Lot within the subdivision Authority to Suspend
of 7.2025 ¥ 317 PG VOL i38i DOC 002705354 5. Owner. “Owner” or “Owners” shall mean a person or persons holding a fee simple interest in any portion of a Lot within the subdivision Authority to Suspend The Association may suspend an Owner's right to use a common area, file a suit against an Owner other than a suit to collect a regular or special assessment or foreclose under an Association's lien, charge an Owner for property damage, levy a fine for a violation of the restrictions or Bylaws or rules of the Association.
Notifications of Violations Subject to Fines For violations that are not a Threat to Public Health or Safety of an ordinary person (i.e., Curable Violation), a warning will be issued in writing to the Owner and the violating resident or tenant, if known. The warning shall advise the Owner of the violation and the action required to cure the violation by a specified date (i.e. Period to Cure), which shall not be less than ten (10) days from the date of the notice as determined by the Association. Additionally, depending on the severity of the violation, the Association will notify parents for violations by minors, suspend Owners' privileges, notify law enforcement, tow vehicles from county roads, if applicable, and/or common areas, file criminal charges, seek civil penalties, assess fines, if permitted by the Association's Governing Documents, or pursue other remedies the Association deems appropriate. At the discretion of the Association Board of Directors, if the violation is a first-time offense of committing a Curable Violation and not cured by the specified date contained in the first notice, a second notice requesting compliance within ten (10) days of the date of the notice or by a
ffense of committing a Curable Violation and not cured by the specified date contained in the first notice, a second notice requesting compliance within ten (10) days of the date of the notice or by a specified date determined by the Association Board of Directors, may be issued to the Owner in writing.
if the Owner fails to cure the violation as required by the date specified in the notice(s), the Association shall execute the Fine Process. For violations that are Uncurable, the Association shall execute the Fine Process.
A violation by a resident, tenant, guest, or agent of the Owner shall be treated as a violation by the Owner.
All monetary penalties shall be billed to the Owner.
Fine Process The Association or its agent will provide written notice to the Owner by certified mail at the Owner's last known address as shown on the Association records and shall e describe the violation or property damage that is the basis for the suspension action, the charge or fine as set forth in Exhibit "B" (attached) and state any amount due the Association from the Owner; e inform the Owner that he/she is entitled to a reasonable Period to Cure the violation and avoid the fine or suspension if the violation is of a Curable nature and does not pose a Threat to Public Health or Safety; e inform the Owner that he/she may request a hearing on or before the 30th day after the date the notice was mailed to the Owner; and e inform the Owner that he/she may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty.
If the Owner cures the violation before the expiration of the reasonable Period to Cure the violation, a
lief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty.
If the Owner cures the violation before the expiration of the reasonable Period to Cure the violation, a fine will not be assessed for the violation. Note - The non-repetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.
All fines will be assessed to the Owner's account and payable to the Association within thirty (30) days of the billing date. Fines shall be limited to a maximum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) for each six (6) months commencing as of the date of the discovery of the first violation, which initiates the assessment of a fine for a specific violation. The limitations shall exclude attorney's fees and costs incurred by the Association for enforcement.
Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 318 FG VOL 1381 no27OSS4 boc The imposition of the monetary penalties provided herein shall not be construed as an exclusive remedy and shall be in addition to all other rights and remedies to which the Association may otherwise be entitled, including, without limitation: the filing of an Affidavit of Non- Compliance in the Official Public Records of Bandera County, Texas; towing, if applicable; suspension of Owner's privileges; and/or, the initiation of legal proceedings seeking injunctive relief and/or damages, attorney's fees, costs of court and all other remedies, at law or in equity, to which the Association may be entitled.
*These steps do not apply to a violation for which the Owner has been previously given notice under this process and the opportunity to exercise any rights available under this section in the preceding six months.
do not apply to a violation for which the Owner has been previously given notice under this process and the opportunity to exercise any rights available under this section in the preceding six months.
Notwithstanding the foregoing Fine Process, the Association reserves the right to seek injunctive relief at any time, regardless of the provisions herein requiring notice for violations, if the violation constitutes a material danger to persons or property, will cause irreparable harm to persons or property, or is a nuisance as determined by the Association in its absolute sole discretion.
For the purposes herein, if distinctly different, multiple violations shall be separate violations for purposes of assessments of fines. If multiple violations occur on an Owner's Lot or Property, the number of violations that have occurred shall be based on the number of violations per address and not by each individual residing or visiting at such address.
Alternative Dispute Resolution Process — Hearing Before Association Board If an Owner is entitled to an opportunity to cure a violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter before the Association board. The Association board shall hold the hearing no later than the 30th day after the date the board receives the Owner's request for a hearing and shall notify the Owner of the date, time, and place of the hearing and provide to the Owner a packet containing all documents, photographs, and communications relating to the matter the Association intends to introduce at the hearing. If the Association does not provide a packet within the period described above, the Owner is entitled to an automatic 15-day postponement of the hearing.
sociation intends to introduce at the hearing. If the Association does not provide a packet within the period described above, the Owner is entitled to an automatic 15-day postponement 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 10 days. Additional postponements may be granted by agreement of the parties. The Owner or the Association may make an audio recording of the meeting.
During the hearing, a member of the Association board or the Association's designated representative shall first present the Association's case against the Owner. An Owner or designated representative is entitled to present the Owner's information and issues relevant to the appeal or dispute.
The Association shall issue its written decision on the Owner's appeal within fifteen (15) days of conducting the hearing. The written decision shall include the final decision and any further curative action to be taken by the Owner, if any.
The Owner or Association may use alternative dispute resolution services if acceptable to both parties.
The notice and hearing provisions of these processes do not apply if the Association files a suit seeking a temporary restraining order, temporary injunctive relief, or files a suit that includes foreclosure as a cause of action. If a suit is filed relating to a matter to which these processes apply, a party to the suit may file a motion to compel mediation. The notice and hearing provisions of these processes do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to
rary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the neighborhood. The temporary suspension is effective until the board makes a final determination on the suspension action after following the procedures prescribed by this policy.
Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 4\ 0 PG 519 VOL 1381 DOC 00270534 Alternative Payment Schedule An Owner may make partial payments to the Association for delinquent, regular, or special assessments or any other amount owed to the Association without accruing additional monetary penalties. Note Monetary penalties do not include reasonable costs for administering the payment plan or interest.
The minimum term for a payment plan offered by the Association is three months and will extend no more than eighteen (18) months from the date of the Owner's request for a payment plan. Payment plans will not be authorized for an Owner who failed to honor the terms of a previous payment plan during the two years following the Owner's default under the previous payment plan. Payment plans will not be authorized for an Owner after the Period to Cure expires. The Association is not required to allow an Owner to enter into a payment plan more than once in any 12-month period.
Third Party Collections The Association may not hold an Owner liable for fees of a Collection Agent to cure the delinquency before further collection action is taken.
An Owner is not liable for fees of a Collection Agent retained by the Association if: e the obligation for payment by the Association to the Association's Collection Agent for fees or
action is taken.
An Owner is not liable for fees of a Collection Agent retained by the Association if: e the obligation for payment by the Association to the Association's Collection Agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered; or e the payment agreement between the Association and the Association's Collection Agent does not require payment by the Association of all fees to a Collection Agent for the action undertaken by the Collection Agent.
The agreement between the Association and the Association's Collection Agent may not prohibit the Owner from contacting the Association board or the Association's managing agent regarding the Owner's delinquency.
The Association may not sell or otherwise transfer any interest in the Association's accounts receivables for a purpose other than as collateral for a loan.
Priority of Payments Any payment received by the Association from the Owner shall be applied to the Owner's debt in the following order of priority: (1) any delinquent assessment; (2) any current assessment; (3) any reasonable attorney's fees or reasonable third-party collection costs incurred by the Association associated solely with assessments or any other charge that could provide the basis for foreclosure; (4) any reasonable attorney's fees incurred by the Association that are not subject to (3); (5) any reasonable fines assessed by the Association; and (6) any other reasonable amount owed to the Association.
If, at the time the Association receives a payment from a property Owner, the Owner is in default under a payment plan entered into with the Association: (1) the Association is not required to apply the payment in the order of priority specified above; and
a property Owner, the Owner is in default under a payment plan entered into with the Association: (1) the Association is not required to apply the payment in the order of priority specified above; and (2) in applying the payment, a fine assessed by the Association may not be given priority over any other amount owed to the Association Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 5| 320 PG VOL 1381 boc 00270534 Credit Reporting The Association and the Association's Collection Agent may not report any delinquent fines, fees, or assessments to a credit reporting service that are the subject of a pending dispute between the Owner and the Association.
The Association may report the delinquent payment history of assessments, fines, and fees of property Owners within its jurisdiction to a credit reporting service only if: (1) at least 30 business days before reporting to a credit reporting service, the Association sends, via certified mail, hand delivery, electronic delivery, or by other delivery means acceptable between the parties, a detailed report of all delinquent charges owed; and (2) a property Owner has been given the opportunity to enter into a payment plan.
The Association may not charge a fee to an individual property Owner for the reporting of the delinquent payment history of assessments, fines, and fees of property Owners within the Association's jurisdiction to a credit reporting service.
Attorney’s Fees The Association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the Association relating to collecting amounts, including damages, due the Association for enforcing restrictions or the Bylaws or rules of the Association only if the Owner is provided a written
d by the Association relating to collecting amounts, including damages, due the Association for enforcing restrictions or the Bylaws or rules of the Association only if the Owner is provided a written notice that attorney's fees and costs will be charged to the Owner if the delinquency or violation continues after a date certain.
An Owner is not liable for attorney's fees incurred by the Association relating to a matter described by the notice under the Fine Process if the attorney's fees are incurred before the conclusion of the Alternative Dispute Resolution Process or, if the Owner does not request a hearing under that section, before the date by which the Owner must request a hearing. The Owner's presence is not required to hold a hearing under the Alternative Dispute Resolution Process.
All attorney's fees, costs, and other amounts collected from an Owner shall be deposited into an account maintained at a financial institution in the name of the Association or its managing agent. Only members of the Association's board or its managing agent or employees of its managing agent may be signatories on the account.
On written request from the Owner, the Association shall provide copies of invoices for attorney's fees and other costs relating only to the matter for which the Association seeks reimbursement of fees and costs.
If the dedicatory instrument or restrictions of the Association allow for nonjudicial foreclosure, the amount of attorney's fees that the Association may include in a nonjudicial foreclosure sale for an indebtedness covered by the Association assessment lien is limited to the greater of: (1) one-third of the amount of all actual costs and assessments, excluding attorney's fees, plus
osure sale for an indebtedness covered by the Association assessment lien is limited to the greater of: (1) one-third of the amount of all actual costs and assessments, excluding attorney's fees, plus interest and court costs, if those amounts are permitted to be included by law or by the restrictive covenants governing the property; or (2) $2,500.
The Association may recover or collect attorney's fees in excess of the amounts noted above by other means provided by law.
Foreclosure Sale Prohibited in Certain Circumstances The Association may not foreclose an Association's assessment lien if the debt securing the lien consists solely of: Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 6 | aa (1) fines assessed by the Association; (2) attorney's fees incurred by the Association solely associated with fines assessed by the iw .
, i Association; or | ; (3) amounts added to the Owner's account as an assessment under Section 209.005(i) or on 209.0057(b-4) of the Texas Property Code.
ea) o Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders The Association may not file an application for an expedited court order authorizing foreclosure of the Association's assessment lien as described by Section 209.0092(a) of the Texas Property Code or a petition > for judicial foreclosure of the Association's assessment lien as described by Section 209.0092(d) unless the Association has: (1) provided written notice of the total amount of the delinquency giving rise to the foreclosure BA to any other holder of a lien of record on the property whose lien is inferior or subordinate to the a Association's lien and is evidenced by a deed of trust; and
ncy giving rise to the foreclosure BA to any other holder of a lien of record on the property whose lien is inferior or subordinate to the a Association's lien and is evidenced by a deed of trust; and he (2) provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the Association mails the notice described in (1).
e = Notice under this section must be sent by certified mail to the address for the lienholder shown in the & deed records relating to the property that is subject to the Association assessment lien.
a Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.
7 {I Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 FG VOL 1381 DOC o027053¢4 EXHIBIT B SCHEDULE OF FINES LAKEWOOD OWNERS ASSOCIATION The Association has adopted the schedule of fines which will apply to all categories of restrictive covenants violations for which the Association may assess fines. The number of notices set forth below does not mean that the Association Board is required to provide each notice prior to exercising additional remedies as set forth in the Dedicatory Instruments.
The Association Board may elect to pursue such additional remedies at any time in accordance with applicable law. The Association Board also reserves the right to levy a fine from the schedule of fines that varies on a case-by-case basis. Specifically, the Board has sole and absolute discretion to set the amount of the fine (if any) as it reasonably relates to the violation of the Dedicatory Instruments, taking into account factors including, but not limited to, the severity of the violation and the number of Owners affected by the violation.
bly relates to the violation of the Dedicatory Instruments, taking into account factors including, but not limited to, the severity of the violation and the number of Owners affected by the violation.
Any adjustment to this fine schedule by the Board may not be construed as a waiver of the fine schedule or the Dedicatory Instruments. Fines against an Owner will be assessed against the Owner's Lot. The Owner will be responsible for the actions of all residents, guests, and invitees of the Ownerand any fines against such residents, guests, and invitees will also be assessed against the Owner's Lot. All costs associated with the notice letters will also be billed back to the Owner’s account.
Curable Violations Definition of “Curable” — a violation which is a continuous action which can be remedied by affirmative action on the part of the violator. Examples of acts considered Curable include, but are not limited to: ® a parking violation; ® amaintenance violation; e failure to maintain landscaping; e failure to abide by adopted policies; e lighting or noise nuisance; e the failure to construct improvements or modifications in accordance with the approved plans and specifications; ® an ongoing noise violation such as a barking dog or loud or offensive music; and e failure to cure a violation after notice.
Fine Amount if not Cured Period to Cure | Notice Courtesy Notice (if sent) Case by case basis No Charge 30 days after courtesy notice No Charge Pre-Fine Notice (if sent) 30 days after violation notice +t No Charge 1°* Notice of Fine Letter 30 days $50.00 24 Notice of Fine Letter 30 days $100.00 $200.00 $200.00 3" Notice of Fine Letter 30 days Subsequent Notice of Fine Letters for 30 days the same or substantially similar violation 8 |?
30 days $50.00 24 Notice of Fine Letter 30 days $100.00 $200.00 $200.00 3" Notice of Fine Letter 30 days Subsequent Notice of Fine Letters for 30 days the same or substantially similar violation 8 |?
Lakewood Owners Association Inc Fine & Enforcement Policy as of 7.2025 PG S23 VOL 1381 DOC on2705354 Uncurable Violations and Violations Posing a Threat to Public Health or Safety Definition of “Uncurable” - a violation which has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. In such cases, the non-repetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy. Examples of acts considered Uncurable include, but are not limited to: 1) shooting fireworks; 2) an act constituting a threat to health or safety; 3) a noise violation that is not ongoing; 4) property damage, including the removal or alteration of landscape; and holding a garage sale or other event prohibited by a dedicatory instrument.
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