DOC 00231963 LATIGO RANCH PROPERTY OWNERS' ASSOCIATION, INC.
STATEMENT OF POLICIES day of This Statement of Policies ("Statement of Policies") of LATIGO, UNIT #1, PROPERTY OWNERS ASSOCIATION (the "Association") was duly adopted on the 8th JUNE, 2019, setting forth certain policies of the Association in connection with the management of the Association and the property known as Latigo Ranch Subdivision, a subdivision in Bandera County, Texas (“Latigo Ranch”) pursuant to the plats of portions of the property being recorded in the Office of the County Clerk of Bandera County, Texas in Volume 183, Page 870, Volume 193, Page 870, Volume 609, Page 61 and Volume 615, Pages 455-463, of the Deed and Plat Records of Bandera County, Texas; Said Lots being subject to the Declaration of Covenants, Conditions and Restrictions, filed for record in Volume 788, Page 385, of the Official Public Records of Bandera County, Texas ("Declarations"), the Bylaws of the Association and all policies, rules and regulations duly adopted by the Association from time to time (collectively, "Governing Documents").
The adoption of this Statement of Policies for the purposes stated herein is in compliance with the Texas Property Code Section 202.006 requiring all property owners' 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 Statement of Policies shall become effective as of the date the Statement of Policies is filed in the Official Public Records of Bandera County, Texas.
Unless otherwise defined herein, capitalized terms contained herein shall have the definitions as set forth in the Declaration.
I.
COLLECTON AND PAYMENT POLICY
Public Records of Bandera County, Texas.
Unless otherwise defined herein, capitalized terms contained herein shall have the definitions as set forth in the Declaration.
I.
COLLECTON AND PAYMENT POLICY This Collection and Payment Policy ("Collection and Payment Policy") is adopted under the requirements of the Texas Property Code Section 209.0062 for the adoption of an alternative payment schedule by which a Member may make partial payments to the Association for Assessments or any other amount owed to the Association without accruing additional monetary penalties. Any previously adopted Collection Policies are of no further force or effect.
1. Due Date of Assessments A.
Annual Maintenance Assessments: Annual Maintenance Assessments shall be due and payable on the first (1st) day of January of each year until amended by the Board of Directors. The annual payment shall be due and payable within thirty (30) days of the due date ("Due Date"). If not paid, a delinquent account shall commence the day following the Due Date the accrual of late fees, interest and administrative fees, as permitted by the Governing Documents of the Association.
B.
Special Assessments: Special Assessments shall be billed pursuant to the terms adopted by the Board of Directors in accordance with the Declaration.
DOC 00231960 VOL 1144 PG C.
Charges: Other Charges shall be billed pursuant to the terms adopted by the Board of Directors in accordance with the Governing Documents.
D. Receipt of Billing: It is the duty and obligation of each Member to notify the Association by 15th of the month in which the Assessment is due if no bill is received.
It shall be no defense to the Member's obligation to pay any amount due because of the Member not receiving a bill.
2.
Account Fees
of the month in which the Assessment is due if no bill is received.
It shall be no defense to the Member's obligation to pay any amount due because of the Member not receiving a bill.
2.
Account Fees A. Interest: Any account balance not paid within thirty (30) days of the specified Due Date ("Delinquent Account”), including all collection costs, penalties, fees and expenses, including reasonable attorney's fees shall bear interest from the date following the Due Date at the lesser of: (a) eighteen percent (18%) per annum or (b) the maximum rate of interest allowed by law. so long as the account remains delinquent.
B. Lien and Filing Fees: Any Delinquent Account for which an affidavit of non-payment is filed, the Member shall be charged the costs incurred by the Association for preparing and filing in the county records.
C.
Return Payment Fee: If a Member's payment is returned and/or dishonored for any reason, the Member will be charged the lesser of $30.00 or the maximum amount allowed by law per occurrence for the dishonored payment.
D. Costs: All collection costs, administrative fees and expenses, including reasonable attorney's fees shall be charged to the account of the delinquent Member.
E.
Administrative Fees: If the delinquent Member requests a Payment Plan, in addition to the monthly payment required, the delinquent Member shall be charged an amount equal to any administrative fee by the Association and/or Association's management company, if applicable, or attorney.
3.
Assessment Lien. All Assessments, interest, charges, fees and other expenses, including reasonable attorney's fees, incurred by the Association in collecting unpaid amounts or enforcing the Declaration, Bylaws, rules, regulations and/or policies of the Association, payable
ses, including reasonable attorney's fees, incurred by the Association in collecting unpaid amounts or enforcing the Declaration, Bylaws, rules, regulations and/or policies of the Association, payable by a Member shall be a charge on a Member's Property and secured by a continuing lien as per the Governing Documents, subject to applicable limitations imposed by the Texas Property Code.
4. Account Information. It is the sole responsibility and obligation of the Member to provide the Association current billing information. If no information is provided, it shall be the presumption the billing address is the Property address of the Lot for which the Assessment is due.
Otherwise, the Association shall use the Member's last known mailing address as reflected in the records of the Association.
2 DOC 10231940 VOL 1146 PG 5. Third Party Collection Costs. A delinquent Member shall be held liable for fees of a collection agent retained by the Association provided the Association complies with Texas Property Code Section 209.0064, as amended, and provides written notice to the Member by certified mail, return receipt requested, at Member's address on record with the Association that: A. Specifies each delinquent amount and the total amount of the payment required to make the account current; B. Describes the options the Member has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the Association; and C. Provides a period of at least thirty (30) days for the Member to cure the delinquency before further collection action is taken.
D. Provides notice that attorney's and/or collection agent's fees and costs will be charged to the Member if the delinquency continues after a certain date.
before further collection action is taken.
D. Provides notice that attorney's and/or collection agent's fees and costs will be charged to the Member if the delinquency continues after a certain date.
Priority of Payments.
6.
A.
Except as provided by 6(B), payment received by the Association from a Member shall be applied to the Member's debt in the following order of priority: (i) Any delinquent Assessment; (ii) Any current Assessment; (iii) (iv) Any attorney's fees or third party collection costs incurred by Association associated solely with the Assessments or any other charge that could provide the basis for foreclosure; Any attorney's fees incurred by the Association that are not subject to 6(iii); (v) Any fines assessed by the Association; and (vi) Any other amount owed to Association.
B.
If, at the time the Association receives a payment from a Member, the Member is in default under a payment plan entered into with the Association, the Association is not required to apply the payment in the order of priority specified by Paragraph A above.
7.
Delinquency Notification. The Association may cause to be sent the following notification(s) to delinquent Members: 3 09672300 000 VOL 1146 A. Past Due Notice. In the event that any Assessment Payment balance remains unpaid thirty (30) days from the due date the account will be considered delinquent and a Past Due Notice may be sent via regular mail to each Member with a Delinquent Account setting forth all Assessments, interest and other amounts due. The Past Due Notice will contain a statement that the entire remaining unpaid balance of the Assessment is due and that the Member is entitled to a Payment Plan as required by the Texas Property Code. In the event a Member chooses to enter a Payment Plan with the Association
id balance of the Assessment is due and that the Member is entitled to a Payment Plan as required by the Texas Property Code. In the event a Member chooses to enter a Payment Plan with the Association prior to turning the file to an third party collection firm, a charge of $10.00 dollars per month will be added to each delinquent Member's account balance for administrative costs related to the Payment Plan and such additional administrative costs will continue until the entire balance is paid in full. In the event the file has been turned over to a third party collection firm, the administrative fee will be equivalent to the fee charged to the Association by the third party collection firm.
B. Final Notice. In the event the entire Assessment is not paid in full within thirty (30) days of a Past Due Notice, or there is a default on the Payment Plan, where an Assessment account balance remains unpaid sixty (60) days or later from the Due Date, a Final Notice may be sent via certified mail, return receipt requested, to each delinquent Member. The Final Notice will set forth the following information and results of failure to pay, including an explanation of: (i) (ii) Amounts Due: All delinquent Assessments and the total amount of the payment required to make the account current, interest and other amounts due; Hearing: If the Board of Directors elects to suspend a Member's rights or privileges, prior to doing so, Members shall be given notice and opportunity for a hearing before the Board of Directors. If the Board of Directors intends to only pursue the collection of the Delinquent Account, the Member is not entitled to a hearing. If applicable, a hearing shall be granted if a written request for a hearing is received by the Association not more than thirty (30) days
Delinquent Account, the Member is not entitled to a hearing. If applicable, a hearing shall be granted if a written request for a hearing is received by the Association not more than thirty (30) days from the Member's receipt of the Final Notice; If a hearing is requested within thirty (30) days from receipt of the Final Notice, further collection procedures are suspended until the hearing process is completed. The Board of Directors shall set a hearing date not later than thirty (30) days after receipt of Member's request for a hearing. Either party may request a postponement, which shall be granted for a period of not more than ten (10) days. Additional postponements may be granted by agreement of both parties. Further collection steps will be determined by the action of the Board of Directors.
4 DOC 0023 960 PG (iii) Referral of Account: Advise that in the event the Delinquent Account is not paid in accordance with the demand, the Delinquent Account will be referred to an attorney and all collection costs will be charged to the delinquent Member's account.
8. Referral of Account to Association Attorney. Upon referral of the account to the Association's attorney, the attorney is authorized to take whatever action is necessary, in consultation with the Board of Directors, including but not limited to: sending demand letters, filing a lawsuit against the delinquent Member for a monetary judgment and foreclosure, instituting an expedited foreclosure action or judicial foreclosure proceeding; and, filing necessary claims, objections and motions in the bankruptcy court and monitoring the bankruptcy case in order to protect the Association's interests.
In the event the Association has determined to foreclose its lien provided in the Declaration,
the bankruptcy court and monitoring the bankruptcy case in order to protect the Association's interests.
In the event the Association has determined to foreclose its lien provided in the Declaration, and to exercise the power of sale thereby granted, if applicable, such foreclosure shall be accomplished pursuant to the requirements of Texas Property Code Section 209.0092 by first obtaining a court order in an application for expedited foreclosure under the rules adopted by the Supreme Court of Texas. Alternatively, the Association may commence an action for a monetary judgment and judicial foreclosure of the lien permitted by Tex. R. Civ. P. 735.3 which provides "any lien that may be foreclosed using Rule 736 procedures may also be foreclosed by judgment foreclosure in an action for judicial foreclosure".
9.
Bankruptcies. Upon receipt of any notice of a bankruptcy of a Member, the account may be turned over to the Association's attorney so that the Association's interests may be protected.
10. Payment Plan Guidelines. The Association's payment plan guidelines ("Payment Plan") are as follows: A. Unless otherwise ineligible as hereinafter stated, prior to any account being turned over to an attorney or third party collection agent for collection, a Member shall be permitted to make payments to the Association for delinquent regular or special Assessments or any other amount owed to the Association.
B. The minimum term of a Payment Plan offered by the Association shall be three (3) months. The Association will consider specific facts and circumstances for each delinquent Member and may extend the Payment Plan for a longer period not to exceed twelve (12) months.
C.
All requests for a Payment Plan must be submitted by the delinquent
nd circumstances for each delinquent Member and may extend the Payment Plan for a longer period not to exceed twelve (12) months.
C.
All requests for a Payment Plan must be submitted by the delinquent Member in writing and in a form provided by the Association.
D.
So long as the Member is paying under and in accordance with the Payment Plan, no additional monetary penalties shall accrue other than permitted monthly administrative fees as provided for herein.
5 DOC 00231960 VOL 1144 E.
The Payment Plan becomes effective upon the Association's receipt of (i) (ii) (iii) a Payment Plan prepared by the Association and signed by all titled Members; the first payment is delivered in accordance with the Payment Plan; and the Payment Plan is signed by the Association or its designated representative.
The Payment Plan is voided automatically without notice if the Member F.
(i) fails to return an executed Payment Plan and the initial payment; (ii) fails to timely make any of the scheduled payments; (iii) tenders a payment for less than the amount agreed upon in the Payment Plan; or (iv) has any tendered payment dishonored for any reason.
G.
The Association shall have no obligation to enter into a Payment Plan with a Member for a period of two (2) years after a Member has failed to comply with the terms of a previous Payment Plan.
H.
All new Assessments which accrue during the period of a Payment Plan shall be included in the total amount to be paid by the Member according to the Payment Plan.
11. Enforcement. The Association has a duty to diligently collect all amounts due the Association from its Members and shall exercise due diligence in collecting all Delinquent Accounts. In the event any delinquent Member fails to pay their Delinquent Account after the file
nts due the Association from its Members and shall exercise due diligence in collecting all Delinquent Accounts. In the event any delinquent Member fails to pay their Delinquent Account after the file is forwarded to an attorney, suit is to be filed for collection of all amounts due and which accrue, including reasonable attorneys' fees, and for the foreclosure of the lien against the Member's Property for amounts permitted by law.
II.
RECORDS RETENTION AND DESTRUCTION POLICY This Records Retention and Destruction Policy ("Records Retention and Destruction Policy") is adopted under the requirements of Texas Property Code Section 209.005 (m) for the adoption of a Records Retention and Destruction Policy that sets forth the schedule for retention and destruction of Association Records.
6 DOC 00231940 VOL 2146 1. Records. For the purposes herein, “Records” shall refer to the books and records, including financial records, as defined in Texas Property Code Section 209.005 (m).
2. Applicability of Policy. This Records Retention and Destruction Policy shall establish the periods for retention of Records by the Association and its Policy for the destruction of the Records after the lapse of the periods hereinafter stated. The Records of the Association existing from and after the date of adoption of this Records Retention and Destruction Policy, shall be subject to retention and/or destruction as established by this Records Retention and Destruction Policy. All Records of the Association existing prior to the effective date of this Records Retention and Destruction Policy which are available to the Association as of the effective date of this Records Retention and Destruction Policy shall be subject to retention and/or destruction as
ds Retention and Destruction Policy which are available to the Association as of the effective date of this Records Retention and Destruction Policy shall be subject to retention and/or destruction as established by this Records Retention and Destruction Policy. Any Records that do not have a records retention schedule stated herein may be destroyed and/or discarded at any time.
3. Storage of Documents. Records of the Association may be stored in paper and/or electronic form. All Records to be retained by the Association will be stored in a safe, secure and reasonably accessible manner. Records which are essential to the day-to-day operation of the Association will be duplicated or backed up regularly and maintained in a location other than the principal office of the Association. The Association shall be responsible for maintaining the Records for the Association and complying with this Records Retention and Destruction Policy.
4. Legal Files and Records. If at any time the Association is involved in litigation or it reasonably anticipates it will be involved in litigation in the future, legal counsel shall be consulted to determine the retention period of any Records which are or may be related to such litigation or which may otherwise be identified by legal counsel.
5.
Records Retention Schedule. Records which are not listed on the following schedule but are substantially similar to those listed will be retained for the appropriate period of time.
Governing Documents Records Retention Schedule Declarations, Covenants, Conditions and Restrictions and all amendments Permanent Bylaws and all amendments Permanent Articles of Incorporation, Certificate of Formation Permanent and all amendments Policies and all amendments Permanent Corporate Documents Board Meeting Minutes
ent Bylaws and all amendments Permanent Articles of Incorporation, Certificate of Formation Permanent and all amendments Policies and all amendments Permanent Corporate Documents Board Meeting Minutes Records Retention Schedule Current year +7 Current year + 7 Membership Meeting Minutes Proxies and Voting Records Committee Meeting Minutes Personnel Records (if any) 7 Current year +7 Current year +7 7 years after separation of DOC 00231940 VOL 1146 PC Architectural Records AC Applications, Approved or Denied AC Variances, Approved or Denied Financial Documents General Ledgers and Journals employment Records Retention Schedule Permanent Permanent Records Retention Schedule Current year + 7 Year End Financial Statements Current year +7 Tax Returns Current year +7 Audit Reports Current year +7 Depreciable Schedules/Capital Inventory Plan Current year +7 Accounts Payable/Accounts Receivable Ledgers Current year +7 Expense Records Current year + 7 Canceled Checks Current year + 7 Electronic Payment Records Current year +7 Purchase Orders and Vendor Invoices Current year +7 Current year +7 Current year + 7 Current year +7 Bank Statements Deposit Slips Budgets Petty Cash Vouchers Owners Account Records (Billing Statements, Letters, Payment Plan) Account Records of Current Owners Account Records of Prior Owners Contracts/Insurance/Legal Contracts Active Contracts Expired Insurance Policies - Active Insurance Policies - Expired Insurance Records Settled Insurance Claims Legal Actions - Active Legal Actions - Completed or Resolved Attorney Legal Opinions 6.
Current year +7 Records Retention Schedule Current year +5 1 year after property sold Records Retention Schedule Current Version Current year +4 Current Version Current year +7 Current year +7 Current year +7
year +7 Records Retention Schedule Current year +5 1 year after property sold Records Retention Schedule Current Version Current year +4 Current Version Current year +7 Current year +7 Current year +7 As instructed by legal counsel 4 years after completion or resolution of legal action or as otherwise instructed by legal counsel Permanent Destruction of Records. At the end of the retention period, Records are no longer considered Association Records and are subject to destruction. The Association will be responsible for the destruction of such Records. The destruction of paper Records can be accomplished by 8 DOC 00231960 VOL 1144 PG shredding or incinerating. Destruction of electronic Records can be accomplished by deleting or otherwise destroying the electronic files.
Before destruction of any Records, the Board of Directors must be notified in writing of the Records proposed to be destroyed in accordance with the Records retention schedule. The Board will review the information to ensure that items proposed for destruction comply with the Records retention schedule. Should any Records proposed for destruction include any Records related to legal actions, legal counsel will be consulted prior to any such destruction. If the Board or attorney indicates a Record should not be destroyed, then the Board or attorney will notify the Board of Directors that it should not to be destroyed, the reason why, and the time period that the subjected Records shall be held beyond the Records retention period.
III.
RECORDS PRODUCTION AND COPYING POLICY This Records Production and Copying Policy ("Records Production and Copying Policy") is adopted under the requirements of Texas Property Code Section 209.005 (i) for the adoption of
AND COPYING POLICY This Records Production and Copying Policy ("Records Production and Copying Policy") is adopted under the requirements of Texas Property Code Section 209.005 (i) for the adoption of a records production and copying policy that prescribes the costs the Association will charge for the compilation, production and reproduction of Records requested pursuant to the provisions of Texas Property Code Section 209.005 by an Owner or Owner's authorized representative for inspection of the Association Records.
1.
Records. For the purposes herein, "Records" shall refer to the books and records, including financial records, as defined in Texas Property Code Section 209.005.
2.
Right to Inspect. The Records of the Association shall be open to and reasonably available for examination by the titled Owner of a Lot or property located within the boundaries of Latigo Ranch or a person designated in a writing signed by the Owner as the Owner's agent, attorney or certified public accountant (“Agent”).
3.
Procedure. The Association shall make the Records available for examining and/or copying provided that: A. The Owner or Agent must submit a written request for access or information from the Association's Records by certified mail, with sufficient detail describing the Association Records requested, to the mailing address of the Association or its authorized representative as reflected on the most current management certificate filed of record in the Bandera County Official Public Records.
B.
The written request must contain an election either to inspect the Records before obtaining copies or to have the Association forward copies of the requested Records and: (i) If an inspection is requested, the Association on or before the tenth
either to inspect the Records before obtaining copies or to have the Association forward copies of the requested Records and: (i) If an inspection is requested, the Association on or before the tenth (10th) business day after the date the Association receives the 9 (ii) DOC 00231960 VOL 114€ request, shall send written notice of dates during normal business hours that the Owner or Agent may inspect the requested Records to the extent those Records are in the possession, custody, or control of the Association; or If copies of identified Records are requested, the Association shall, to the extent those Records are in the possession, custody, or control of the Association, produce the requested Records for the requesting party on or before the tenth (10th) business day after the date the Association receives the request, except as otherwise provided in paragraph (C) below.
C. If the Association is unable to produce the Records requested under such written request on or before the tenth (10th) business day after the date the Association receives the request, the Association must provide to the requestor written notice that: D.
(i) (ii) Informs the requestor that the Association is unable to produce the Records on or before the tenth (10th) business day after the date the Association received the request; and States a date by which the Records will be sent or made available for inspection to the requesting party that is not later than the fifteenth (15th) business day after the date of the notice provided by the Association to the requestor under this section.
If an inspection is requested or required, the inspection shall take place at a mutually agreed on time during the Normal Business Hours of the Association or its
to the requestor under this section.
If an inspection is requested or required, the inspection shall take place at a mutually agreed on time during the Normal Business Hours of the Association or its management company, and during such inspection the requesting party shall identify the Records for the Association to copy and forward to the requesting party. Copies of the identified Records shall be forwarded to the requesting party on or before the tenth (10th) Business Day after the date of the inspection. For the purposes herein: 4.
(i) (ii) "Normal Business Hours" shall refer to hours of operation of the Association and/or its management company between the hours of 9:00 a.m. and 5:00 p.m. Monday through Thursday and between 9:00 a.m. and noon on Friday, excluding state and federal holidays and such other days as may be scheduled for closure by the Association and/or its management company.
"Business Day" shall refer to a day other than a Saturday, Sunday or a state or federal holiday.
Records Format. The Association may produce copies of the Records requested in hard copy, electronic or other format reasonably available to the Association.
10 DOC 00231960 VOL 1146 PG 5.
Exclusions. The following files, documents and Records shall NOT be available for examination and/or copying: A. Attorney's files and records, excluding invoices for attorney's fees and other costs relating only to the matter for which the Association seeks reimbursement of fees and costs which are properly requested under Texas Property Code Section 209.008(d). If a document in an attorney's files and records would be responsive to a legally authorized request for inspection or copying and it is not otherwise excluded
Texas Property Code Section 209.008(d). If a document in an attorney's files and records would be responsive to a legally authorized request for inspection or copying and it is not otherwise excluded hereunder, the document will be produced by using the copy from the attorney's files and Records if the Association has not maintained a separate copy of the document.
B.
Attorney-Client privileged documents and Records, unless the Association decides to disclose such communications at an open meeting.
C.
D.
Any documents or Records that constitutes attorney work product.
Any documents or Records that are beyond the Association Records retention period.
E. Except as hereafter provided and to the extent the information is provided in the meeting minutes, the Association is not required to release or allow inspection of any records that identify the Governing Document violation history of an individual Owner, an Owner's personal financial information, including Records of payment or nonpayment of amounts due the Association, an Owner's contact information, other than the Owner's address, or information related to an employee of the Association, including personnel files. Information may be released in an aggregate or summary manner that would not identify an individual Property Owner. The Records otherwise excluded under this paragraph (E) shall be released or made available for inspection if: (i) The express written approval of the Owner whose records are the subject of the request for inspection is provided to the Association; or (ii) A court orders the release of the Records or orders that the Records be made available for inspection.
6. Fees and Costs. An Owner is responsible for costs related to the compilation,
ciation; or (ii) A court orders the release of the Records or orders that the Records be made available for inspection.
6. Fees and Costs. An Owner is responsible for costs related to the compilation, production, and reproduction of requested Records. The Policy for the charging of fees and costs as set forth herein is subject to periodic reevaluation and update. The fees and costs shall not exceed those that are permitted pursuant to 1 Tex. Admin. Code §70.3. The fees and costs shall initially be set as follows: A.
Copy charges (i) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer 11 (ii) DOC 00231960 1146 PG printer is $0.10 per page or part of a page. Each side that has recorded information is considered a page.
Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (a) (b) (c) (d) (e) (f) Rewritable CD (CD-RW)--$1.00; Non-rewritable CD (CD-R)--$1.00; Digital video disc (DVD)--$3.00; USB drive--actual cost; Audio cassette--$1.00; Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper)--$0.50; and Specialty paper (e.g., mylar, blueprint, blueline, map, photographic--actual cost.
Labor charges for locating, compiling, manipulating data, and reproducing (ii) (iii) The charge for labor costs incurred in processing a request is Fifteen and 00/100 Dollars ($15.00) an hour for each person working on the request. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.
teen and 00/100 Dollars ($15.00) an hour for each person working on the request. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.
A labor charge shall not be billed in connection with complying with requests that are for fifty (50) or fewer pages of paper records, unless the documents to be copied are located in two or more separate buildings that are not physically connected with each other or a remote storage facility.
Overhead charge shall be computed at twenty percent (20%) of the total labor costs charged to an Owner for producing the requested Records.
B.
information.
(i) (iv) Remote document retrieval charges.
(v) (vi) The charge for labor costs incurred in retrieving a document is Fifteen and 00/100 Dollars ($15.00) an hour if performed by the Association.
There is no charge for the private company retrievals, but if after delivery to the Association offices, the boxes must still be searched 12 09678600 300 VOL 1144 for records that are responsive to the request, a labor charge of Fifteen and 00/100 Dollars ($15.00) an hour will be charged.
C. Resale Certificate Fee. The charge to Owner for the preparation of a Resale Certificate shall be Fifty and 00/100 Dollars ($50.00) payable at the time of delivery of the Resale Certificate. The fee may be adjusted from time to time as determined by the Board of Directors.
D.
Resale Transfer Fee. A resale transfer fee in the amount of Fifty and 00/100 Dollars ($50.00) shall be payable at the time of a Lot resale to a third party unrelated owner.
The fee may be adjusted from time to time as determined by the Board of Directors.
E. The actual cost of miscellaneous supplies, such as labels, boxes, and other
sale to a third party unrelated owner.
The fee may be adjusted from time to time as determined by the Board of Directors.
E. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for information.
F.
The Association may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the Owner.
G. If the Association accepts payment by credit card for copies of information and is charged a "transaction fee" by the credit card company, then the Association may recover that fee.
H. For any fee or cost incurred by the Association that may not be identified above, the Association shall charge the permitted amount as set forth in 1 Tex. Admin.
Code Section 70.3, as amended.
7. Deposit and Billing. If the Owner or Agent wants copies of Records, then the Association may require an advance payment from the Owner of the estimated costs of compilation, production and reproduction of the requested Records. If the estimated costs are lesser or greater than the actual costs, then the Association shall submit a final invoice to the Owner on or before the thirtieth (30th) business day after the date the Records are delivered. If the final invoice includes additional amounts due from the Owner, then the additional amounts, if not reimbursed to the Association before the thirtieth (30th) business day after the date the invoice is sent to the Owner, may be added to the Owner's account as an Assessment. If the estimated costs exceeded the final invoice amount, then the Owner is entitled to a refund, and the refund shall be issued to the Owner not later than the thirtieth (30th) business day after the day the date the invoice
ceeded the final invoice amount, then the Owner is entitled to a refund, and the refund shall be issued to the Owner not later than the thirtieth (30th) business day after the day the date the invoice is sent to the Owner.
8. Third Party Observation. In addition to management company personnel, the Association reserves the right to have a Board Member or other third person present to observe during any inspection of Records by an Owner.
9.
Original Documents. No Owner shall remove any original file, document or record of the Association from the place of inspection nor shall any Owner alter, destroy or mark in any manner, any original file, document or record of the Association.
13 DOC 00231960 VOL 1146 9. Original Documents. No Owner shall remove any original file, document or record of the Association from the place of inspection nor shall any Owner alter, destroy or mark in any manner, any original file, document or record of the Association.
10.
Creation of Records. Nothing contained in this Records Production and Copying Policy shall be construed to require the Association to create Records, reports or documents that do not exist or compile Records in a particular format or order. This includes, but not limited to, any requests for the conversion of non-electronic documents into electronic.
IV.
EMAIL REGISTRATION POLICY This Email Registration Policy ("Email Registration Policy") is adopted under the requirements of Texas Property Code Section 209.0042 for the adoption of a policy for the registration of email addresses of members requesting notice of meetings of the Association or the Board of Directors of Association and other business of the Association requiring notice to members.
The Policy for email registration of an Association member is as follows: 1.
the Association or the Board of Directors of Association and other business of the Association requiring notice to members.
The Policy for email registration of an Association member is as follows: 1.
All members of the Association are entitled to receive notices of: A.
The date, hour, place and general subject of a regular or special Association and board meeting, including a general description of any matter to be brought up for deliberation in executive session; B.
An election of the Board of Directors; C.
D.
E.
Any vote to be taken at a meeting or otherwise of the Members of the Association; Before the Association may suspend a member's right to use of a common area, file a suit against a member other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge a member for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association; The sale of the member's property at a foreclosure sale advising of the date and time of sale and the member's right to redeem the property; and F.
such other matters or actions of the Association pursuant to Texas Property Code Chapter 209.
2.
To receive email notices, a member of the Association shall register the member's email address with the Association by completing and delivering the Promulgated Email Registration Form in person, by certified mail, return receipt requested or first class mail to: Latigo Ranch Property Owners Association, Inc.
14 10655 Hwy 46 Pipe Creek, Texas 78063 Or DOC 00231960 VOL 1146 PG 3.
Return Registration Form by email to: Latigo [email protected] By submitting an email registration form, the member is affirmatively opting to allow the
Creek, Texas 78063 Or DOC 00231960 VOL 1146 PG 3.
Return Registration Form by email to: Latigo [email protected] By submitting an email registration form, the member is affirmatively opting to allow the Association to use the alternative method of providing notice to provide to the member notices for which another method is prescribed by law.
4.
The ASSOCIATION shall provide a receipt of registration of the member's email address by email within ten (10) days of receipt of the Promulgated Email Registration Form. If member fails to receive a receipt within ten (10) days, member shall notify Association of the failure to receive the receipt.
If the receipt is not delivered to member by Association, the presumption shall be Association does not have a valid registered email address. Proof of delivery of the Promulgated Email Registration Form shall be the responsibility of the member of the Association. If the member of the Association can produce no evidence of delivery, the failure to do so shall be evidence per se that registration by the member of the Association was not completed as required herein and the Association shall have no duty to deliver an email notice pursuant to the Policy or otherwise.
5. No other form of email registration shall be accepted by the Association for the purpose of notices regardless of whether said email address has been used for communications to or from the Association previously.
6. It is the member of the Association's duty to keep an updated email address registered with the Association for purposes of notification of Board of Directors meetings. To change or update an email address the member of the Association must submit a new Promulgated Email Registration Form.
h the Association for purposes of notification of Board of Directors meetings. To change or update an email address the member of the Association must submit a new Promulgated Email Registration Form.
7. This Policy is effective upon recordation in the Public Records of Bandera County, Texas and supersedes any prior policy for email registration. Except as affected by Tex. Prop. Code Section 209.0042, all other provisions contained in the Association's Governing Documents or dedicatory instruments shall remain in full force and effect.
VI MISCELLANEOUS This Statement of Policies is in addition to, and not in substitution of, all other rules, regulations and provisions of the Association's Governing Documents, as amended, all of which remain in full force and effect unless in conflict with the terms contained herein and in which case, the Declaration and/or the Bylaws, as applicable, shall control unless in conflict with the Texas Property Code and/or other city, state or federal laws, rules or regulations.
Any failure of the Association to seek enforcement or compliance with this Statement of Policies shall not be deemed a waiver of the rights of the Association to seek enforcement or compliance at any time thereafter. The Association shall have the discretion to vary the Policies contained herein as a result of the particular circumstances as may exist from time to time.
CERTIFICATE OF OFFICER 15 DDC 00231940 VOL 1144 The undersigned certifies that the foregoing Statement of Policies was duly approved and adopted by the Board of Directors of LATIGO, UNIT #1, PROPERTY OWNERS ASSOCIATION, on the date first above written, and that the undersigned has been authorized by the Board of Directors
approved and adopted by the Board of Directors of LATIGO, UNIT #1, PROPERTY OWNERS ASSOCIATION, on the date first above written, and that the undersigned has been authorized by the Board of Directors to execute and record this instrument. The undersigned further certifies that the foregoing Statement of Policies constitutes a Dedicatory Instrument under Texas Property Code Section 202.006 which applies to the operation of Latigo Ranch Subdivision, a Subdivision located in Bandera County, Texas, as hereinabove described.
Signed this 27th day of JUNE 2019.
RANCH PROPERTY OWNERS' ASSOCIATION, INC.
LATIGO Name: Dennis 2a feris Title: President By: Melissa Lund Bandera County Filed for Record in On Jun 27/2019 as Acording 10:6/0 Document Number: 00231966 Acount 39 Receipt Number 141242 the sales rental or use of the Any provising herein which restricks COUNTY OF BANDERA STATE OF TEXAS unenforceable under Federal xx of color or race is invalid and described real property because time stupped hereon by we au was instrument was filed on the date and I herabu certify that this duks recorded in the volume and as stumped here by me.
Bandera County and pase of the official records of: Jun 27:2019 Fandic Mansfield, Count Clark Bandera Counts Hand Delivered To: Dennis Zaferis 16 DOC 00231940 1146 AFFIDAVIT IN COMPLIANCE WITH TEX. PROP. CODE § 202.006 THE STATE OF TEXAS COUNTY OF BANDERA ces cas ess BEFORE ME, the undersigned authority, on this day personally appeared DENNIS ZAFERIS, who, being by me duly sworn according to law, stated the following under oath: "My name is DENNIS ZAFERIS. I am fully competent to make this Affidavit. I have personal knowledge of the facts stated herein, and they are all true and correct.
law, stated the following under oath: "My name is DENNIS ZAFERIS. I am fully competent to make this Affidavit. I have personal knowledge of the facts stated herein, and they are all true and correct.
I am the President of Latigo, Unit #1, Property Owners Association, a Texas nonprofit corporation (the "Association"). I am also a custodian of the records for the Association and I have been authorized by the Association's Board of Directors to sign this Affidavit.
The Association is a property owners' association as that term is defined in TEX. PROP. CODE § 202.001.
The Association's jurisdiction includes, but may not be limited to, the property in Bandera, County, Texas and described as: That certain subdivision known as Latigo Ranch Subdivision, being the property identified and referenced in the Declaration of Covenants, Conditions and Restrictions Latigo Ranch Subdivision, recorded in Volume 788, Page 385 of the Official Public Records of Bandera County, Texas; as amended by Modification of Declaration of Covenants, Conditions and Restrictions Latigo Ranch Subdivision - October 22, 2012, recorded in Volume 942, Page 267 of the Official Public Records of Bandera County, Texas and restated by Second Amended and Restated Declaration of Covenants, Conditions and Restrictions, to be recorded in the Official Public Records of Bandera County, Texas.
Attached hereto are the originals of, or true and correct copies of, the following dedicatory instruments, including known amendments or supplements thereto, governing the Association, which instruments have not previously been recorded: Latigo, Unit #1, Property Owners Association Statement of Policies The documents attached hereto are subject to being supplemented, amended or changed by the
ruments have not previously been recorded: Latigo, Unit #1, Property Owners Association Statement of Policies The documents attached hereto are subject to being supplemented, amended or changed by the Association. Any questions regarding the dedicatory instruments of the Association may be directed to the Association at: Latigo, Unit #1, Property Owners Association 10655 State Highway 46 Pipe Creek, Texas 78063 Phone: Fax: Email: LATIGO - [email protected] SIGNED on this the 27 day of JUNE 2019.
902 00231940 LATIGO, UNIT #1, PROPERTY OWNERS ASSOCIATION By: Its: DENNIS ZAFERIS President ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF BANDERA cos los cos BEFORE ME, the undersigned authority, on this day personally appeared DENNIS ZAFERIS, President of the LATIGO, UNIT #1, PROPERTY OWNERS ASSOCIATION, who, after being duly sworn, acknowledged and stated under oath that he has read the above and foregoing Affidavit and that every factual statement contained therein is within his personal knowledge and is true and correct.
ACKNOWLEDGED, SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this the 27th day of June, 2019.
After Recording, Return To: Michael B. Thurman Thurman & Phillips, P.C.
4093 De Zavala Road Shavano Park, Texas 78249 B R NOTARY PUBLIC, STATE OF TEXAS ★ MY BRITNEY NOTARY PLATT PUBLIC STATE TARY COMM.
OF ID EXP.
EXAS * 03-19-2022