20181213001516180 LEWIS RANCH HOMEOWNERS ASSOCIATION, INC.
COVENANT ENFORCEMENT AND FINE POLICY WHEREAS, the Declaration of Lewis Ranch Homeowners Association was recorded on 03/05/2018 as Document Number 20180305000268190 in the Real Property Records of Collin County, Texas; WHEREAS, the Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the properties in keeping with the character and quality of the area in which they are located, as stated in Article 5 Section 9(a).
WHEREAS, the Board of Directors finds a need to establish a policy to aid in the enforcement of rule violations and unauthorized alterations and/or additions to the exterior of any lot within the Association.
NOW THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES THAT, upon this date the following Covenant Enforcement and Fine Policy ("Policy”) is adopted; Violations. Any condition, use, activity, or improvement which does not comply with the provisions of the Governing Documents is a "violation" subject to his Enforcement Policy. Pursuant to Article 5 Section 9(a) of the Declaration, the Board may consider each day the violation continues to exist as constituting a separate violation.
Confirming the Violation. A violation will be verified by a field observation conducted by: (i) the Association's managing agent, or (ii) a member of the Board of Directors. To assist with recordkeeping, the field observer will prepare a report which may include the following: a) Description of the violation.
b) Give the owner a reasonable period to cure the violation.
c) Advising the Owner of their rights to a hearing as set forth under Section 209.006 within 30 days.
ing: a) Description of the violation.
b) Give the owner a reasonable period to cure the violation.
c) Advising the Owner of their rights to a hearing as set forth under Section 209.006 within 30 days.
d) Advise them of their rights if they are active military.
e) A photograph of the violation, if pertinent.
1. Courtesy Notice: Upon notice of violation, the Association may send the Owner of the Lot in question written notice by regular first-class mail or by postcard informing the Owner of the Violation. The "Courtesy Notice" provides the Owner ten (10) calendar days to cure the Violation.
2. Formal Notice: If the previously reported Violation (by "Courtesy Notice”) is not cured in the time frame set forth in Paragraph 1 the Association may send the Owner of the Lot in question written notice by regular first-class mail. The "Formal Notice" provides the Owner fourteen (14) calendar days to cure the Violation.
3. Final Notice of Violation: If the previously reported Violation (by “Formal Notice”) is not cured in the time frame set forth in Paragraph 2, the Association may send the Owner of the Lot in question written LEWIS RANCH HOMEOWNERS ASSOCIATION, INC.
COVENANT ENFORCEMENT AND FINE POLICY WHEREAS, the Declaration of Lewis Ranch Homeowners Association was recorded on 03/05/2018 as Document Number 20180305000268190 in the Real Property Records of Collin County, Texas; WHEREAS, the Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the properties in keeping with the character and quality of the area in which they are located, as stated in Article 5 Section 9(a).
affairs of the Association and for the operation and maintenance of the properties in keeping with the character and quality of the area in which they are located, as stated in Article 5 Section 9(a).
WHEREAS, the Board of Directors finds a need to establish a policy to aid in the enforcement of rule violations and unauthorized alterations and/or additions to the exterior of any lot within the Association.
NOW THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES THAT, upon this date the following Covenant Enforcement and Fine Policy ("Policy”) is adopted; Violations. Any condition, use, activity, or improvement which does not comply with the provisions of the Governing Documents is a "violation" subject to his Enforcement Policy. Pursuant to Article 5 Section 9(a) of the Declaration, the Board may consider each day the violation continues to exist as constituting a separate violation.
Confirming the Violation. A violation will be verified by a field observation conducted by: (i) the Association's managing agent, or (ii) a member of the Board of Directors. To assist with recordkeeping, the field observer will prepare a report which may include the following: a) Description of the violation.
b) Give the owner a reasonable period to cure the violation.
c) Advising the Owner of their rights to a hearing as set forth under Section 209.006 within 30 days.
d) Advise them of their rights if they are active military.
e) A photograph of the violation, if pertinent.
1. Courtesy Notice: Upon notice of violation, the Association may send the Owner of the Lot in question written notice by regular first-class mail or by postcard informing the Owner of the Violation. The "Courtesy Notice” provides the Owner ten (10) calendar days to cure the Violation.
e Lot in question written notice by regular first-class mail or by postcard informing the Owner of the Violation. The "Courtesy Notice” provides the Owner ten (10) calendar days to cure the Violation.
2. Formal Notice: If the previously reported Violation (by “Courtesy Notice") is not cured in the time frame set forth in Paragraph 1 the Association may send the Owner of the Lot in question written notice by regular first-class mail. The "Formal Notice” provides the Owner fourteen (14) calendar days to cure the Violation.
3. Final Notice of Violation: If the previously reported Violation (by "Formal Notice”) is not cured in the time frame set forth in Paragraph 2, the Association may send the Owner of the Lot in question written legal notice by regular first-class and certified mail, return receipt requested. The "Final Notice” provides the Owner thirty (30) calendar days to cure the Violation. If the violation in not cured in the set forth timeframe the Owner may be subject to fines, “self-help" and/or legal proceedings; which may be charged back to the Owner.
a. The Final Notice will inform the owner of his/her right to assert and protect his/her rights as a member of the Armed Forces of the United States. The protected individual or family member shall send written notice of the active duty military service to the sender of the Notice of Violation immediately.
b. The Owner does have a right to request a hearing as set forth in Section 209.006 in Texas Property Code, this “Hearing Request” will be held within thirty (30) days after the request has been received. The Association will provide a written response to Owner not later than ten (10) Days prior to the hearing and provide the owner with a date, time and location.
Letter to be Sent Courtesy Notice Formal Notice
ciation will provide a written response to Owner not later than ten (10) Days prior to the hearing and provide the owner with a date, time and location.
Letter to be Sent Courtesy Notice Formal Notice Final Notice Time Frame to Cure Violation 10 Calendar Days 14 Calendar Days 30 Calendar Days In the event the violation is deemed to be an incurable violation or violation posing a threat to health or safety, the Association is not required by law to provide an opportunity to cure and may impose an immediate fine.
Fines may be assessed to all owners whom have Covenant Violations that are not resolved after written notification is given and exhausted; Fines are stipulated below: Notice of First Fine: If the owner has not corrected the violation within the time period specified in the Final Notice of Violation, or did not timely request a hearing, the Board of Directors may impose a fine in the amount of $50.00, the Board will send a Formal Notice of Fine (the “Fine Notice") to the Owner. The Formal Notice of Fine (the "Fine Notice") will be sent by regular and certified mail, return receipt requested.
Notice of Second Fine: If the owner has not corrected the violation within 30 Calendar Days from the date of First Notice of Fine, the Board of Directors may impose a fine in the amount of $100.00, the Board will send a Formal Notice of Fine (the "Fine Notice") to the Owner. The Formal Notice of Fine (the "Fine Notice") will be sent by regular and certified mail, return receipt requested.
Notice of Third Fine: If the owner has not corrected the violation within 30 Calendar Days from the date of Second Notice of Fine, the Board of Directors may impose a fine in the amount of $150.00, the Board will send a The Formal
wner has not corrected the violation within 30 Calendar Days from the date of Second Notice of Fine, the Board of Directors may impose a fine in the amount of $150.00, the Board will send a The Formal Notice of Fine (the "Fine Notice”) to the Owner. The Formal Notice of Fine (the "Fine Notice") will be sent by regular and certified mail, return receipt requested.
Notice of Subsequent Fines: If the owner has not corrected the violation within 30 Calendar Days from the date of the Third Formal Notice of Fine (the "Fine Notice”) and Subsequent Fine Notice(s), the Board of Directors may impose a fine in the amount of $200.00 (for each occurrence within 30 Calendar Days of each), the Board will send a formal Notice of Fine (the "Fine Notice") to the Owner. The Notice of Fine will be sent by regular and certified mail, return receipt requested.
Fining will not exceed $500.00 for a single violation.
Fine Schedule Time Frame to Cure Violation 1st Fine: $50.00 30 Calendar Days 2nd Fine: $100.00 3rd Fine: $150.00 30 Calendar Days 30 Calendar Days Subsequent Fine(s): $200.00 30 Calendar Days Examples of Covenant Violations subject to this policy include, but are not limited to are below: a) Unapproved Exterior Alterations.
b) Exposed Window AC units are prohibited.
c) No Poultry, Livestock or animals will be raised, bred or kept on any lot, except a reasonable number of cats, dogs or other generally recognized household pets may be permitted.
d) Vehicle parking in the driveway and/or street without prior approval from the Board of Directors.
e) Holiday Decorations are permitted to be displayed six (6) weeks prior to the holiday and must be removed within thirty (30) days after the holiday.
f) Inoperative vehicles that are stored on the Property.
day Decorations are permitted to be displayed six (6) weeks prior to the holiday and must be removed within thirty (30) days after the holiday.
f) Inoperative vehicles that are stored on the Property.
g) Advertising Signs are prohibited to be placed on the Property.
h) Property that is in use for business, professional, commercial or manufacturing purposes.
i) Trash Containers store in public view from the street.
j) Boat, trailer, marine craft, hovercraft, aircraft, recreational vehicle, travel trailer, motor home, camper body or similar vehicle or equipment may not be stored, parked or kept on any driveway, in the front yard or in the street in front of a Lot for more than 48 hours nor more frequently than two times per month.
k) Exterior Property and Lawn Maintenance of the Property at which are designated to the Owner's responsibility and expense.
[Signatory Page to Follow] The State of Texas The County of [COUNTY] § Executed by § •Tim Stewart Print [Association Legal name] Homeowners Association, Inc.
Sworn to me this_ 11 day of President, Signature December (Year) by Tim Stewart [Association Legal Name] Homeowners Association, Inc.
TARY PUBLIC E OF Kylie M Profaca My Commission Expires 08/23/2022 ID No 131694380 King President, Notary Public My Commission Expires After filing please return to: VISION COMMUNITIES MANAGEMENT, Inc., 5757 Alpha Rd, Suite 680, Dallas, Texas, 75240 [Signatory Page to Follow] The State of Texas The County of [COUNTY] § § „Tim Stewart Executed by.
Print [Association Legal name] Homeowners Association, Inc.
Sworn to me this_ π day of December [Association Legal Name] Homeowners Association, Inc.
ATE PUBLIC OF Kylie M Profaca My Commission Expires 08/23/2022 ID No 131694380 Signature President, by Tim Stewart [Year] by King
day of December [Association Legal Name] Homeowners Association, Inc.
ATE PUBLIC OF Kylie M Profaca My Commission Expires 08/23/2022 ID No 131694380 Signature President, by Tim Stewart [Year] by King President, Notary Public My Commission Expires After filing please return to: VISION COMMUNITIES MANAGEMENT, Inc., 5757 Alpha Rd, Suite 680, Dallas, Texas, 75240 COLLIN IN COUNT TEXAS Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 12/13/2018 11:20:35 AM $38.00 DFOSTER 20181213001516180 Dipacuphimp