DOC #2022008901 Pages 5 BOARD OF DIRECTORS Legends Trace Homeowners Assaciation, Inc ARCHITECTURAL REVIEW AUTHORITY POLICY AND CHARTER “Texas Senate Bill 1588 requires an association to form an Architectural Review Authority {ARA). The ARA.
is defined as the governing authority for the review and approval af improvements within an association which pre-empts any previous committee or procedure provided for in an association’s governing documents.
‘An ARA is nat required for associations with less than.46 lots and does not apply during a development period.
‘The Sigard of Directors of the Legends Trace HomeownersAssociation, Inc ("Association") hereby adopts the following policy, resolution, and guidelines: 1. The ARA shall operate using the ARA Charter.
1. Apérson may not be. appointed of elected te serve on the ARA if the person is: a. Acurrent board member , b. Acurrent board member spouse & Aresident ina current board member's home A decision made by the ARA may be appealed to the board ‘3. Awritten denial must be seni tothe owner by certified mail, hand delivery, or electronically. The ‘denial and hearing process will be followed as ouilined in the ACC Denial and Appeal Policy.
i ARCHITECTURAL REVIEW AUTHORITY CHARTER Authority Membership: Three (3) non board member, non-board home resident association member Term of Office: One (1) year from date of appointment. Fach and any of the ARC Member's term may be renewed for another year by the then current Board.
Purpose: The purpose of the Architectural Review Authority (ARA) is to consider and act upon any and ail Applications, plans and specifications submitted for structural improvement, alteration or addition to the submitting hameowner’s property.
Duties:
hority (ARA) is to consider and act upon any and ail Applications, plans and specifications submitted for structural improvement, alteration or addition to the submitting hameowner’s property.
Duties: * ARA shall consider and act upon any and all plans and specifications submitted far approval.
» ARA shall approve an Application if if is deemed by a majority of the Committee Members that the construction, alteration or addition is in compliance with the deed restrictions and guidelines outlined in the association governing documents, policies, and regulations.
* ARA shall approve an. Application provided that the upkeep and maintenance of the proposed change or improvement will not become 2 burden on the association.
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ONIN ERE EE ARIE HERE. MEN ARA shall notify the Applicant that he/she has a right to appeal a denied Application directly to the Board.
ARA may inspect approved improvements once completion occurs.
ARA may condition or approve with stipulation its Application approval upon any or alt of the following as may be appropriate: (1) Changes or additions to the Application which ARA deems apprapriate in order ta approve the Application; (2) Security acceptable to the Corporation against 2 mechanic's len or: other encumbrance; warranted; meters to measure any increased consumption, if warranted: (5) Agreement to reiriburse the Corporation for any maintenance cost the Corporation may incur asa result of the improvement; (6) Agreement to complete the propasad work within a stated period of time.
Authority
nt to reiriburse the Corporation for any maintenance cost the Corporation may incur asa result of the improvement; (6) Agreement to complete the propasad work within a stated period of time.
Authority ARA will receive .and review architectural plan submissions from members requesting improvements, modifications and/or alterations ta any portion of any Separate Interest which maybe subject te architectural approve! as provided for in the association's Governing Documents. .
ARA shall consider an Application complete when it has received all plans, specifications, materials and any other requested information necessary to properly review the Application.
ARA shall notify the Applicant of ARA’s decision to approve or deny the Application within thirty {30) days receipt of a completed application.
if the Applicant fails to respond to ARA‘s request for additional information within thirty (30) days from ABA's written request for such information, ARA may close its file and notify the Applicant that the Application is denied based on incompleteness. , ARA may recommend a variance from comp! iance, Including restrictions on height, size, floor area or placement of structures when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations apply.
A4RA may monitor the community on a quarterly basis to detect improvements made or in process of comoletion since the lastinspection. -If an ABC Application has not been received or a general variance has not been approved previously, the ARA can notify the board and/or managing agent ‘of the violation. The board or managing agent will notify the owner.
ARA shall not take any enforcement action, e.g, assess a fine, request a homeowner hearing or ther action without prior Board Approval.
he violation. The board or managing agent will notify the owner.
ARA shall not take any enforcement action, e.g, assess a fine, request a homeowner hearing or ther action without prior Board Approval.
ARA shall maintain detailed records.of all submissions, reviews.and correspondences.
ee * ARA to schedule, notice, and hold Meetings as may be necessary to facilitate any and all functions of the Authority a5 outlined by this Charter and/or as requested and/or approved by the Board of Girectors. : * ARA to record, Oraft and submit capies of the Minutes of any meati ngts) ta the Board of Directors for review and approval of placement into the association's Book(5} of Minutes.
& ARA to recruit, interview and submit volunteer recommendations to the Board of Directors for appointment of additional Authority Members as may be necessary to the Authority and its needs.
* ARA to provide an annual review and recommendation report to-the Board of Directors as it may ‘relate to the Authority's activities and actions of the prior year. Report shall also outiine any requests for funding which are anticipated as necessary for the continuing function of the Authority. This report shall be submitted ta coincide with Budget preparation and approval.
Generally, no later than August ‘Ist of any fiscal year.
« At no time shall the Authority or its individual Members have authorization ta interfere with, direct or. otherwise control any actions or procedures as they may relate toa Member's vendor(s) or their contracts.
Reporting Procedure: The Authority shall-report directly to the Saard of Directors and applying Members through the management company. , ARC Committee Members shall receive no compensation for services rendered, other than Board
ority shall-report directly to the Saard of Directors and applying Members through the management company. , ARC Committee Members shall receive no compensation for services rendered, other than Board approved reimbursement for expenses incurred in the performance of duty.
Owners have the right to a hearing to appeal the decision by the ARA. Please refer to the association's adopted ACC Denial and Appeal Policy.
ment So ate er Fae Ueat gine CRN Pa eR Ct INES 1B Aen Naren to ge ncaa eng CERTIFICATION “i, the undersigned, being a Director of the Legends Trace Homeowners Association, inc, hereby certify. that the foregoing was adopted by at least a majority of Legends Trace Homeowners Association, inc board of directors, at an open and properly noticed meeting ofthe board, at which a quorum ofthe board was present.”
Print name: Brandon Cron Title; Board President.
‘Sigeatuve: STATE OF TEXAS § COUNTY OF Montgomery § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed to the foregoing dacument and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct.
Given-under my hand-and seal of office this the . ’ de Notary Public, State of Texas “CARMEN PEDERSON = Comm, Expires 11-06-2023 q _.Notaiy iD 192241484. ff Doc #: 2022008901 E-FILED FOR RECORD 01/24/2022 01:20PM VA COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS, COUNTY OF MONTGOMERY | hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
01/24/2022 County Clerk Montgomery County, Texas
the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
01/24/2022 County Clerk Montgomery County, Texas Pages 5