YEAR INST N 2024 2402079 PAGE 1 OF & STATE OF TEXAS COUNTY OF BROWN § ess esses ESS § § RESOLUTION ADOPTING FINE AND ENFORCEMENT POLICY FOR LEDGE STONE RANCH PROPERTY OWNERS' ASSOCIATION, INC.
RESOLUTION OF THE BOARD OF DIRECTORS OF LEDGE STONE RANCH PROPERTY OWNERS' ASSOCIATION, INC.
REGARDING FINE AND ENFORCEMENT POLICY Pursuant to Section 209.0061, Texas Property Code, Ledge Stone Ranch Property Owners' Association, Inc., hereinafter referred to as "Association", acting by and through its Board of Directors, has adopted the following fine and enforcement policy to set forth its policy for levying fines, to-wit: 1. Schedule of fines.
Assess a charge of $50.00 per day (against any Tract Owner and/or his Tract until the violating condition is corrected. Said amount to be increased as set forth in Section 7.11 of the Declarations.
2. Board's authority to grant variance on fines.
The Board is granted the authority to adopt and access a lower fine amount on a case by case basis after considering all the facts of the violation. Any fine can be increased up to the amount in Section 7.11 of the Declarations for repeat offenses.
3. General categories of restrictive covenants for which the Association may assess fines: A. Building violations, for instance: a. Failure to apply and receive approval from the Architectural Control Committee.
b. Failure to meet minimum square footage.
c. Failure to adhere to timeline for construction.
d. Improper construction materials.
e. Failure to have necessary wainscot.
f. Improper temporary structure.
g. Exceeding the number of allowed structures.
h. Improper Guest Quarter.
i. Improper barn or workshop.
j. Failure to have a garage or carport or one improperly constructed.
k. Improper fences or light posts.
1. Improper Driveway.
owed structures.
h. Improper Guest Quarter.
i. Improper barn or workshop.
j. Failure to have a garage or carport or one improperly constructed.
k. Improper fences or light posts.
1. Improper Driveway.
m. Improvements improperly placed within a setback area or in a utility, road or drainage easement.
n. Improper drainage including failure to have a proper culvert.
1 YEAR INST # 2024 2402079 PAGE 2 OF 6 o. Failure to adhere to height restrictions.
p. Improper swimming pool.
q. Failure to have a fence around a pool.
B. Storage violations, for instance: a. Improper use of RV's.
b. Improper storage of trailers, RV's and all equipment listed in Section 2.07 of the Declarations.
C. Prohibited Items on the Tract, for instance: a. Mobile homes, manufactured homes or modular cabins.
b. Junk and debris.
c. Animals that do not comply with the Animal Husbandry requirement set forth in Section 2.16 of the Declarations.
d. Improper signs.
e. Commercial activity on the Tract.
f. Separately renting out a guest quarter.
g. Nuisance activity.
h. Improper water well.
i. Improper temporary camping.
j. Portable storage buildings.
D. Miscellaneous: a. Failure to use the Tract for only single family residential purposes.
b. Failure to maintain a Tract or an Improvement on a Tract.
c. Violating any rule or regulation of the Association.
d. Improper rental of a Tract.
e. Allow improper 18-Wheelers into the Subdivision.
4. Information regarding hearings described by Section 209.007 of the Texas Property Code.
A. Except as provided by subsections (C) and (D) below, and only if the Owner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the Board.
ner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the Board.
B. The Association shall hold a hearing not 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 not later than the 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 10 days. Additional postponements may 2 YEAR INST # 2024 2402079 PAGE 3 OF 6 be granted by agreement of the parties. The Owner or the Association may make an audio recording of the meeting.
C. The notice and hearing provisions of Section 209.006 and Section 209.007 of the Texas Property Code do not apply if the Association files a suit seeking a temporary restraining order or 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 those sections apply, a party to the suit may file a motion to compel mediation.
D. The notice and hearing provisions of Section 209.006 and Section 209.007 of the Texas Property Code do not apply to a temporary suspension of an Owner'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 Subdivision. The temporary suspension is effective until the Board makes a final determination on the suspension action after following the procedures prescribed by this section.
E. An Owner or the Association may use alternative dispute resolution services.
he Board makes a final determination on the suspension action after following the procedures prescribed by this section.
E. An Owner or the Association may use alternative dispute resolution services.
F. Not later than 10 days before the Association holds a hearing under this section, the Association shall provide to an Owner a packet containing all documents, photographs, and communications relating to the matter the Association intends to introduce at the hearing.
G. If an Association does not provide a packet within the period described by subsection (F), an Owner is entitled to an automatic 15-day postponement of the hearing.
H. During a hearing, a member of the Board or the Association's designated representative shall first present the Association's case against the Owner. An Owner or the Owner's designated representative is entitled to present the Owner's information and issues relevant to the appeal or dispute.
5. Notice to Members: The Association shall: A. Provide a copy of this Policy to an Owner of a Lot in the Subdivision by: a. 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 b. annually sending a copy of the policy, separately or included in routine communication from the Association to Members, by: i. hand delivery to the Owner; ii. first class mail to the Owner's last known mailing address; or 3 YEAR INST # 2024 2402079 PAGE 4 OF 6 iii. e-mail to an e-mail address provided to the Association by the Owner.
B. Make the policy available on any publicly accessible Internet website maintained by the Association or an agent acting on behalf of the Association.
6. Owner's Liability.
Association by the Owner.
B. Make the policy available on any publicly accessible Internet website maintained by the Association or an agent acting on behalf of the Association.
6. Owner's Liability.
An Owner is liable for any fines levied by the Association for violations by the Owner, any lessees, or the Owner or lessees' family, guests, employees, agents or contractors. Regardless of who performs the violation, the Association will direct its communications to the Owner.
7. Definitions.
Any words not defined in this Policy shall have the same meaning assigned in the Declaration of Covenants, Conditions, Restrictions, Easements, Charges and Liens for Ledge Stone Ranch Subdivision filed of record in the Official Public Records of the Brown County Clerk, Brown County, Texas.
By their signatures below the President and the Secretary of the Association certify that the foregoing resolution was approved by the Board of Directors of the Association at a duly-called meeting of the Board of Directors at which a quorum of Directors was present, or by signed, unanimous written consent in lieu of a meeting.
PASSED, ADOPTED AND APPROVED on this the 21st day of March 2024.
[signature follows on next page] ATTEST: By: hell Michelle Ferguson, Secretary YEAR INST # 2024 2402079 PAGE 5 OF 6 LEDGE STONE RANCH PROPERTY OWNERS' ASSOCIATION, INC.
By: Runken Price Keever, President THE STATE OF TEXAS COUNTY OF BURNET 888888 CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Price Keever, who is personally known to me (or proved to me through a federal or state issued ID with photo and signature of person identified) to be the person whose name is subscribed to the foregoing instrument,
ho is personally known to me (or proved to me through a federal or state issued ID with photo and signature of person identified) to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he is the President of Ledge Stone Ranch Property Owners' Association, Inc. and that by authority duly given and as the act of Ledge Stone Ranch Property Owners' Association, Inc. executed the instrument for the purposes and considerations expressed.
RP Given under my hand and seal of office on this the 3rd day of.
PUBL MICHELLE ANN FERGUSON Notary Public, State of Texas Comm. Expires 01-14-2025 Notary ID 129265542 •April Notary Public in and for The State of Texas 2024.
AFTER RECORDING, RETURN TO: Ledge Stone Ranch Property Owners' Association, Inc.
P.O. Box 1987 Marble Falls, Texas 78654 5 SHARON FERGUSON COUNTY CLERK THE STATE OW YEAR INST # 2024 2402079 PAGE 6 OF 6 OF 200 SOUTH BROADWAY, SUITE 101 BROWNWOOD TX 76801 COUNTY PHONE (325) 643-2594 DO NOT DESTROY WARNING-THIS IS PART OF THE OFFICIAL RECORD INSTRUMENT NO.
2402079 FILED FOR REGISTRATION APRIL 26,2024 12:14PM 5PGS $41.00 SUBMITTER: LEDGE STONE RANCH PROPERTY OWN RETURN TO: LEDGE STONE RANCH PROPERTY OWNERS A PO BOX 1987 MARBLE FALLS TX 78654 I hereby certify that this instrument was FILED in file number Sequence on the date and at the time stamped hereon by me, and was duly RECORDED in the Official Public Records of Brown County, Texas.
By: Sharon Ferguson ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW