L TRV 10 PGS 2011131016 RESOLUTION ADOPTING RAIN WATER HARVESTING POLICY FOR Metric Boulevard Property Owners Association WHEREAS, Texas Property Code § 202.007(d) becomes effective September 1, 2011, allowing owners in property owner associations the limited right to install rain water harvesting devices; and WHEREAS, the Association desires to adopt a resolution setting forth guidelines on the installation of rain water harvesting devices.
BE IT RESOLVED, that the Association's supplementary guidelines, effective September 1, 2011, for Owners and Members are as follows: 1. No rain water harvesting device, storage container, related plumbing, or appurtenances thereto, shall be allowed on any property owned by the Association or owned in common by the members of the Association.
2. No rain water harvesting device, storage container, related plumbing device, or appurtenances thereto, shall be allowed or located other than within a fenced yard or the fenced patio of the property owner.
3. All such rain water harvesting devices, storage containers, related plumbing devices, or appurtenances thereto, and the location of their installation, must be approved by the Association either through its architectural committee, if one exists, or the board of directors.
4. All such rain water harvesting devices, storage containers, related plumbing devices, or appurtenances thereto shall be properly screened as to obscure view of the same from adjoining property and the street, and such screening shall be approved in advance by the architectural committee, if one exists, or the board of directors.
5. The Association may regulate the owner's use of gravel, rocks, or cacti around the installation.
6. The Association may regulate yard and landscape maintenance.
e exists, or the board of directors.
5. The Association may regulate the owner's use of gravel, rocks, or cacti around the installation.
6. The Association may regulate yard and landscape maintenance.
7. No rain water harvesting devices, storage containers, related plumbing devices, or appurtenances thereto, may be located between the front of the property owner's home and an adjoining or adjacent street.
8. Any rain water harvesting devices, storage containers, related plumbing devices, or appurtenances thereto, must be of a color that is consistent with the color of the home.
9. Any rain water harvesting devices, storage containers, related plumbing devices, or appurtenances thereto, must not contain language or other content that is not typically displayed by such a barrel or system as it is manufactured.
To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
1 lov This resolution was passed by a unanimous vote of the Board of Directors of the Association on the date set forth below to be effective September 1, 2011.
Executed this the 29th or Poday of August.
2011.
STATE OF TEXAS OF Travis) COUNTY OF By: Name: CARLOS Rivera Title: Board President day 2011, by Tid for the Asociation, for the purposes therein me on this the 29th of August Th Carlos vera expressed.
OTARY TATE OF PUBLIC Nancy P Richardson My Commission Expires 01/17/2014 any Parson Notary Public State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 2
y P Richardson My Commission Expires 01/17/2014 any Parson Notary Public State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 2 RESOLUTION ADOPTING A SOLAR ENERGY DEVICE INSTALLATION POLICY FOR Metric Boulevard Property Owners Association WHEREAS, Texas Property Code §§ 202.010 & 202.011 (or other numbered sections subsequently used to prevent confusion by the enacting of identically numbered, separate provisions) are effective immediately, allowing owners in property owner associations the limited right to install solar energy devices; and WHEREAS, the Association desires to adopt a resolution setting forth guidelines on the enforcement of its current conditions, covenants, restrictions, and rules, and the installation of solar energy devices.
BE IT RESOLVED, that, to the extent any dedicatory instrument of the Association prohibits the installation of any Solar energy device, as defined by Section 171.107 of the Texas Tax Code (herein, "Device" or "Devices”), the Association shall enforce that restriction only to the extent allowable by law, and therefore adopts the following guidelines as follows: 1. No Device may be installed on property owned or maintained by the Association nor on property owned in common by the members of the Association.
2. All such Devices must receive architectural approval of the Association prior to installation, pursuant to the Conditions, Covenants, and Restrictions of and for the Association and any and all application procedures currently in effect.
3. No such Devices may be installed on an owner's property other than on the roof of the home, or the roof of another structure owned by the owner which is allowed under a
cedures currently in effect.
3. No such Devices may be installed on an owner's property other than on the roof of the home, or the roof of another structure owned by the owner which is allowed under a dedicatory instrument, or in a fenced yard or patio owned and maintained by the owner.
4. If a Device is mounted on the roof of the home, it may not extend higher than or beyond the roofline.
5. If a Device is mounted on the roof of the home, it must be in the location designated by the Association unless the alternate location increases the estimated annual energy production of the device as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10% above the energy production of the Device if located in the area designated by the Association.
6. The Device must conform to the slope of the roof and have a top edge that is parallel to the roofline.
7. The frames, support brackets, and visible piping or wiring mush be in a silver, black, or bronze tone commonly available in the marketplace.
8. If the Device is located in a fenced yard or patio, the Device may not be taller than the fence line.
To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
3 This resolution was passed by a unanimous vote of the Board of Directors of the Association on the date set forth below to be effective immediately.
Executed this the 29th day 2011.
2.
By: Name: CANOS Rivera Title: Board President STATE OF TEXAS COUNTY OF Fours; "Travis 29th August 2011, by
on the date set forth below to be effective immediately.
Executed this the 29th day 2011.
2.
By: Name: CANOS Rivera Title: Board President STATE OF TEXAS COUNTY OF Fours; "Travis 29th August 2011, by This instrument acknowledged before me on this the 2 day of Carlospera President of and for the Association, for the purposes therein expressed.
NOTARY PUBLIC ATE OF TEXP Nancy P Richardson My Commission Expires 01/17/2014 Nancy Richardson Notary Public State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 4 RESOLUTION ADOPTING FLAG DISPLAY POLICY FOR Metric Boulevard Property Owners Association WHEREAS, Texas Property Code § 202.011 (or other numbered sections subsequently used to prevent confusion by the enacting of identically numbered, separate provisions) is effective immediately, allowing owners in property owner associations the limited right to display certain flags; and WHEREAS, the Association desires to adopt a resolution setting forth guidelines on the enforcement of its current conditions, covenants, restrictions, and rules, and the display of flags.
BE IT RESOLVED, that, to the extent any dedicatory instrument of the Association prohibits the display of flags in contravention of Texas Property Code § 202.011 (or other numbered sections subsequently used to prevent confusion by the enacting of identically numbered, separate provisions), the Association shall enforce that restriction only to the extent allowable by law, and therefore adopts the following guidelines as follows: 1. Flags permitted to be displayed shall be the flag of the United States of America, the flag of the State of Texas, the flag of any governmental subdivision of the State of Texas, and
es as follows: 1. Flags permitted to be displayed shall be the flag of the United States of America, the flag of the State of Texas, the flag of any governmental subdivision of the State of Texas, and the flag of any branch of the United States armed forces.
2. Flag displays shall be permitted only on property owned by the owner or over which the owner has exclusive control and use.
3. With respect to the United States flag, any such display must be in accordance with 4 U.S.C. Sections 5-10.
4. With respect to the Texas flag, any such display must be in accordance with Chapter 3100, Government Code.
5. A flagpole attached to a dwelling or a freestanding flagpole must be constructed of a permanent, long-lasting material, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling.
6. The display of a flag, or the location and construction of the supporting flagpole, must comply with applicable zoning ordinances, easements, and set backs of record.
7. A displayed flag and the flagpole on which it is flown must be maintained in good condition. Any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired or removed.
8. No more than one flagpole may be constructed on any property, and no flagpole shall exceed more than 20 feet in height.
9. Flags may not be displayed that exceed a dimension of 8 feet in height by 5 feet in width.
10. Lighting used to illuminate any displayed flag shall not operate to create a nuisance, and shall not illuminate any property other than the owner of such displayed flags property, nor shall it illuminate the interior of any dwelling at any time.
11. No Owner shall allow the external halyard of a flagpole to create noise that can be heard
owner of such displayed flags property, nor shall it illuminate the interior of any dwelling at any time.
11. No Owner shall allow the external halyard of a flagpole to create noise that can be heard more than twenty-five feet (25') from the flagpole.
5 To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
This resolution was passed by a unanimous vote of the Board of Directors of the Association on the date set forth below to be effective immediately.
Executed this the 29th ay of Aug 2011.
2.
By: M Name: Carlos Rivera Title: Board President STATE OF TEXAS OR Graves' COUNTY OF of 2011, by This instrument was acknowledged before me on this the 299 luges therein expressed.
NOTARY CATE PUBLIC OF TEX President of and for the Association, for the purposes therein Nancy P Richardson My Commission Expires 01/17/2014 Deney PRichardson Notary Public State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 60 RESOLUTION ADOPTING A RECORDS PRODUCTION AND COPYING POLICY FOR Metric Boulevard Property Owners Association WHEREAS Texas Property Code § 209.005(i) becomes effective January 1, 2012, requiring associations to file a records production and copying policy that prescribes the costs the Association will charge for compilation, production, and reproduction of information requested by a Member.
WHEREAS, failing the existence of such a policy, the Association shall be liable to compile and produce such records, but shall not be entitled to charge for same.
f information requested by a Member.
WHEREAS, failing the existence of such a policy, the Association shall be liable to compile and produce such records, but shall not be entitled to charge for same.
BE IT RESOLVED, that the following shall be the Association's policy for records production and copying: Upon receipt of a proper request for information, by a proper party pursuant to Texas Property Code § 209.005(c), the Association shall make the records described by § 209.005 available pursuant to the terms thereof, within the time allotted therein, and shall otherwise comply with such provisions of Texas Property Code § 209.005, including the withholding of certain information described therein.
Further, the Association itself or by and through its agent or manager, shall charge as follows when it is required to produce records accordingly: a. $25 per hour if clerical staff performs the compilation/production task.
b. $75 per hour if a manager performs the compilation/production task.
c. The prevailing billing rate for an attorney, CPR, or other third party profession if they perform the compilation/production task.'
d. A minimum hourly charge for compilation/production shall be two hours.
e. $.10 per photocopy.
f. $.50 per pdf or other image file.
g. $1.00 per CD or $3.00 for DVD.
h. The aforementioned amounts shall be increased annually by the Consumer Price Index for All Urban Consumers ("CPI-U”) as published by the U.S. Bureau of Labor and Statistics (1967-100) starting January 2013, or its replacement index if publication of the CPI-U is discontinued.
i. To the extent that the aforementioned charges may exceed those allowed by current or future law, the charges shall be reduced to the legal maximum limit.
f publication of the CPI-U is discontinued.
i. To the extent that the aforementioned charges may exceed those allowed by current or future law, the charges shall be reduced to the legal maximum limit.
j. Members may be required to pay an estimated cost in advance of the compilation/production and copying process with a final reconciliation to be prepared after the compilation/production and copying is performed. Any costs over the amount prepaid by the member may be charged to the member's account as an assessment. Any overpayment by the member shall be promptly refunded.
15 To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
This resolution was passed by a unanimous vote of the Board of Directors of the Association on the date set forth below to be effective January 1, 2012.
Executed this the 29 day of.
Aus..
2011.
STATE OF TEXAS "OF Travis; COUNTY OF By: Name: Carlos Rivera Title: Board President 29th August This instrument was acknowledged before me on this the expressed.
ON STATE PUBL Nancy P Richardson My Commission Expires 01/17/2014 2011, a day of August 23 then by Nancy Richardson Notary Public, State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 16 RESOLUTION ADOPTING A RECORDS RETENTION POLICY FOR Metric Boulevard Property Owners Association WHEREAS Texas Property Code § 209.005(m) becomes effective January 1, 2012, requiring associations to adopt policies to retain certain records for minimum periods of time.
Property Owners Association WHEREAS Texas Property Code § 209.005(m) becomes effective January 1, 2012, requiring associations to adopt policies to retain certain records for minimum periods of time.
BE IT RESOLVED, that the following is the Association's policy for records retention: 1. Formation documents, bylaws, CCRs - permanently 2. Financials - 7 years 3.
Owner account records - 5 years 4. Contracts with a one year term or more - 4 years from the date of termination.
5. Board meeting minutes - 7 years 6. Tax returns and audits - 7 years To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.
This resolution was passed by a unanimous vote of the Board of Directors of the Association on the date set forth below to be effective September 1, 2011.
17 Executed this the.
29 day of Aug.
2011.
STATE OF TEXAS COUNTY This instr expressed.
OF Travis' TARY OF PUBLIC TEXAS By: Car Name: CARLOS Rivera Title: Board President 29th was acknowledged me on A1 day of August 2011, by fried before then this the ALL ociation, for the purposes therein Nancy Richardson My Commission Expires 01/17/2014 Nancy PRichardson Notary Public, State of Texas AFTER RECORDING PLEASE RETURN TO: Goodwin Management, Inc.
11149 Research Blvd., Suite 100 Austin, Texas 78759 18 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Dana DeBeauvoir Sep 08, 2011 11:59 AM PEREZTA: $52.00 Dana DeBeauvoir, County Clerk Travis County TEXAS 2011131016