70 2016 00001604 Midland County Alison Haley Texas 79702 Recorded On: Januar 10, 2016 Guty Clerk Unofficial County Clerk Midland Comment: AM MOCKINGBIRD OAKS Recording after Aug 2005 62.00 Total Recording: 62.00 Instrument Number: 2016-1604 As Recording after Aug 2005 Midland County Clerk Unofficial Copy (Parties listed above are for Clerks reference only) Billable Pages: 10 Number of Pages: 11 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2016-1604 Receipt Number: 491417 Recorded Date/Time: January 20, User / Station: P.
CC218 Maud County Clerk, Unofficial COUNTY CU ONY CLER State of Texas County of Midland Copy Record and Return To: SPECTRUM ASSOCIATION MANAGEMENT ATTN KABLE 17319 SAN PEDRO #318 SAN ANTONIO TX 78232 Midland County Clerk Unofficial Copy I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was du RECORDED in the volume and page of the named RECORDS of Midland County, Texas as stamped Musica Hally County Clerk Midland County, Texas PROPERTY OWNERS' State of MOCK Copy YATION 3rd AMENDED MANAGEMENT CERTIFICATE FOR OAKS HOMEOWNERS ASSOCIATION, INC.
This Mant Certificate is recorded pursuant to Section 209.004 of the Texas Propert Midland County, 160 Midland County Clerk Unofficial § unty of Midland § 1.
Name of Subdivision: Mockingbird Oaks 2.
Subdivision Location: Midland, Texas 3.
Name of Homeowners Association: Mockingbird Oaks Homeowners Association, Inc.
4.
lerk Unofficial § unty of Midland § 1.
Name of Subdivision: Mockingbird Oaks 2.
Subdivision Location: Midland, Texas 3.
Name of Homeowners Association: Mockingbird Oaks Homeowners Association, Inc.
4.
Recording Data for Association: See Exhibit A of the Declaration 5.
Recording Data for Declaration: Declaration of Covenants, Conditions, Easements, Charges, 6.
and Liens are filed at the county under 1080.Declaration 3/9/2012. DOC Supplemental Bylaws; Certificate of Filing; Design Guidelines of February, 2011 are filed with Instrument # 2015-12018 Resolutions of the Record Retention Policy; E-Mail attached to and filed under Instrument #2015-12018: Inspection Policy; Payment Plan Policy; Membership Voting Policy; Religious Item Display Guidelines; Solar Energy Device g Material Guidelines; Rainwater Collection Devices Guidelines; Flag DisMnofficial Copy, Drought Resistant Landscaping and Natural turf Guidelines; Assessment Go Violation Enforcement Policy; Application of Payments; Conflict of Interest Policy Midland County Clerk 8.
7.
County Violation Enforcement Resolution signed on 9/29/2015 is attached to and Management Certificate.
The following are attached to and filed with this Mad with the 2nd Certificate.
Uncurable Violation Enforcement Policy; Electronic and Telephonic Action Policy; Payment Plan Policy; Standby Electric Generators Mailing Address and Contact Information for the Association and the Managing Agent: Spectrum Association Management, 17319 San Pedro, Suite 318 San Antonio, TX 78232 (210) 494-0659 Fax: (210) 494-0887 [email protected] Other information the Association considered appropriate for the governing, administration or operation of the subdivision a homeowners association:Prospective purchasers are advised to independently examine
nformation the Association considered appropriate for the governing, administration or operation of the subdivision a homeowners association:Prospective purchasers are advised to independently examine with obtaining an official Certificate and performing a comprehensive physical inspection of the lot/home and common areas, prior to purchase. THE PURPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUNCIENT FOR A TITLE COMPANY TO CORRECTLY IDENTIFY THE SUBDIVISION AND TO CONTA GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO IDENTIFY EVERY PUBLICLY RECORDED NT AFFECTING THE SUBDIVISION, OR TO REPORT EVERY PIECE OF INFORMATION PERTINENT TO THE DOCU NBDIVISION. NO PERSON SHOULD RELY ON THIS CERTIFICATE FOR ANYTHING OTHER THAT INSTRUCTIONS FOR CONTACTING THE ASSOCIATION IN CONNECTION WITH THE TRANSFER OF TITLE TO A Midland County Clerk Unofation, Bylaws, and all other governing documents of Association, together THE REGISTERED AGENT FOR THE ASSOCIATION IS ON FILE WITH THE TEXAS SECREORITY Cérk Unofficial Copy.
Midla IN THE SUBDIVISION.
MARY OF STATE.
Clerk Unofficial Copy Signed day of Mocking Oaks Homeowners Association, Inc.
Midland County State of Texas K 2016 1604 County Clerk Unofficial Kathleen S. Able (of Spectrum Association Management) Managing County of Midland § § This Instrument was acknowledged and signed before me on Midland anuary Kathleen S. Able, representative of Spectrum Association Management, LP, the Managing Agent for Mockingbird Oaks Homeowners Association, Inc. on behalf of said Association.
After Recording Return To: Spectrum Association Management Attn: K Able 17319 San Pedro, #318 San Antonio, TX 78232 Midland County Clerk Unofficial Copy Jennifer Jennifer Nutt TARY OF Nettl Notary Public, State of Texas PUR TEXA JENNIFER NUTT
ation Management Attn: K Able 17319 San Pedro, #318 San Antonio, TX 78232 Midland County Clerk Unofficial Copy Jennifer Jennifer Nutt TARY OF Nettl Notary Public, State of Texas PUR TEXA JENNIFER NUTT Notary Public, State of Texas My Commission Expires October 02, 2017 2016 by Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy STATE OF TEXAS Electrovi Gopy County Clerk Unofficial c COUNTY CAND § Telephonic Action Policy for the Oaks Homeowners Association, Inc 1 40.
This Membership Voting Policy for the Mockingbird Oak Homeowners' Midapted by the Mockingbird Oaks Homeowners Association (the "Association" WHEREAS, Section 209.0051(h) of the Texas Property Coidland County Clerk Unofficial Copy ciation, Inc (the "Policy") is Texas Non-Profit Corporation.
recently amended to allow the Board of Directors to take action outside of a meeting including voting by electronic or telephonic means without notice to the members; and WHEREAS, pursuant to Section 209.0051(h), the Association desires to enact uniform procedures to ensure that for electronic or telephonic voting, each Director has a reasonable opportunity to express his or her opinion to all other board members and to cast his or her vote; and WHEREAS, this Dedicatory Instrument represents Restrictive Covenants as those terms are defined by Texas Property Code 202.001,et. seq, and the Association shall have and may exercise discretionary authority with respect to these restrictive covenants; NOW, THEREFORE, the Board Action Policy: General Procedures: 1) Unofficial Confectors hereby adopts the following Electronic and Telephonic Quorum is defined as a majority of the Board positions currently filled.
RE, the Board Action Policy: General Procedures: 1) Unofficial Confectors hereby adopts the following Electronic and Telephonic Quorum is defined as a majority of the Board positions currently filled.
Upon election to the Board of Directors, each Director has the resy Clerk Unofficial Copy her preferred email address and phone number to the Association' Midland Countyonable opportunity is defined as 72 hours.
other current Board members, and has the responsibility to number if their preferred contact information changes.
4) At any point in time a Director may request an Email Procedures: Telephonic Proce Midland County alter and o provide his or aging agent and/or all the email address or phone of voting. The Board of Directors may provide a reasonable alternative method of voting such as email, phone, fax, mail or other method agreed upon by the Board of Directors and the requesting Director.
1) When a matter arises for a vote of the Board of Directors for which email voting is permitted, the managing agent and/or the requesting Director shall send an email to the email address of each Director. The email will state the proposal(s) being voted on and include any pertinent information or documents necessary for the decision to be made.
2) Each Director shall be entitled to reply to all other Directors and express his or her opinion on the proposal before casting his or her vote.
3) A vote shall be considered concluded upon any of the following occurrences: a.
At least a b. A Voting aal Copy en Clerk Directors vote to approve the proposal, or Ant respond with their vote and the majority of the Voting Quorum vote in Non the proposal, and each director has had a reasonable opportunity to respo air request for vote.
cord County Clerk Unofficial Copy
pond with their vote and the majority of the Voting Quorum vote in Non the proposal, and each director has had a reasonable opportunity to respo air request for vote.
cord County Clerk Unofficial Copy 1) When a matter arises for a vote of the Board of Directors for which telephonic voting is permitted, the managing agent and/or the requesting ✓ contact each Director via provided contact: 2) Each Director 3) Midland County inform copy Unofficial 1604 h Directofficial Copy informed of the proposal(s) being voted on and include any pertinent information the decision to be made. A date, time and phone number shall be provided when te will occur and allow for reasonable opportunity of review by each the telephonic conference, each Director must be able to hear and be heard directors. Each Director shall be entitled to reply to all other Directors and express his or her opinion on the proposal before casting his or her vote.
4) A vote shall be considered concluded upon any of the following a. At least a majority of the Directors vote to approve b. A Voting Quorum respond with their vote and the major occurenc posal, or all other of the Voting Quorum vote in agreement on the proposal, and each director has had a reasonable opportunity to respond to email request for vote.
All routine and administrative business of the Association may be conducted via email or phone as permissible by law.
EFFECTIVE DATE: September 1st, 2015 Malk Date: 12/10/2015 Authorized Board Member Midland County Clerk Unofficial Copy THE TEXAS UNTY OF MIDLAND This instrument was acknowledged before me on the of December County Clerk Unofficial Copy day , 2015, by William Walker, in the capacities therein stated.
NOTANT FUBUC TEXAS STATE OF TEX LIZA SHULER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 3/3/18
of December County Clerk Unofficial Copy day , 2015, by William Walker, in the capacities therein stated.
NOTANT FUBUC TEXAS STATE OF TEX LIZA SHULER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 3/3/18 Midland County Clerk Unofficial Copy Rina Shuler Notary Public, State of Texas Midland County Clerk Unofficial Copy તમને જણાવ Clerk Unofficial STATE OF TEXAS COUNTY Midland County Clerk 888 § Copy 888888 ment Plan Policy for the Oaks Homeowners' Association, Inc WHEREAS, The Mockingbird Oaks Homeowners Association, Inc (the ministering and enforcing the Declaration of Protective Covenants (the “D 160 County Clerk Unofficial ion"); Midlandsociation”) is charged with WHEREAS, Section 209.0062 of the Texas property Code requires that the Association adopt and record reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association without accruing additional monetary penalties; and WHEREAS, the Association's Board of Directors (the "Board") desires to establish guidelines consistent with Section 209.0062; NOW, THEREFORE, the Board has duly adopted the following "Payment Plan Policy" (the "Policy"): 1.) Eligibility: a. Any owner who has not defaulted under a previous payment plan during the past 12 months from the date a payment plan b. Any Policy (a "Payment Plan").
has failed to pay in full or enter into a payment plan as described by 209.00 (3) is not entitled to a payment plan.
Unofficial Copy Owner who has received a payment plan in the previous twelve isqualified from consideration for a payment plan.
Midland County Clerkan request is received by the Association shall be eligible for a uration & Terms a.
b.
C.
a payment plan in the previous twelve isqualified from consideration for a payment plan.
Midland County Clerkan request is received by the Association shall be eligible for a uration & Terms a.
b.
C.
County Clashay be A Payment Plan shall have a minimum term of not less than 3 Association may use its discretion to determine the 1.8. Пахітолько Association may require a good faith payment of commencing a payment plan.
O term of a payment plan; amount deemed reasonable prior to d. Any Eligible Owner shall be allowed, without deliberation by the Board, to pay a delinquent balance in up to 12 equal consecutive monthly installments, with the first payment due within 30 days of the approval of the Payment Plan; e.
f.
3.) Execution Any owner may submit a request for a Payment Plan that does not meet the foregoing guidelines, along with any other information they wish to be consider by the Association; If an owner who is not eligible to receive a Payment Plan asks for a Payment Plan, then the Association shall be entitled to approve or disapprove a Payment Plan, in its sole discretion.
a. All Payment Plans must be in writing and signed by the owner entering into said Payment Plan.
4.) Fees and Payment Midland County a.
b.
All payments sh Failure resu Copy due by the date specified in the Payment Plan; Owner to make a payment by the time frame specified in the Payment Plan default of said Payment Plan; Unofficial Copy Notwithstanding the foregoing, interest as allowed under the Declaration Dent Plan.
accrue during the term of the Payment Plan. The Association may pre amount of interest that will accrue during the term of the Panty My continue to an estimate of the Plan. Furthermore, the Midland 5.) Default Association may 66 Copy
ment Plan. The Association may pre amount of interest that will accrue during the term of the Panty My continue to an estimate of the Plan. Furthermore, the Midland 5.) Default Association may 66 Copy Pan owner a reasonable cost for administering the Payment Plan (the Costs"). Any Administrative Costs will be identified in the Payment Plan.
owner who defaults under a Payment Plan shall remain in default account balance is brought current; Midland County Clerk Und C.
EFFECTIVE DATE: There is no opportunity to cure a default under a Payment Plan; While an owner is in default of a Payment Plan issued the owner shall be applied in the manner specified in the Authorized Board Member Signature: THE STATE OF TEXAS COUNTY OF MIDLAND September 1st, 2015 This instrument was acknowledged of December Midland NOTARY PUBLIC Unofficial Copy me on the 1604 Clerk, Unofficial Copy this Policy, payments by Midland payment plan agreement.
10Th Dear 12/10/2015 day 2015, by Diam Walker, in the capacities therein stated.
TARY PUBLIC unty Clek SHULER STATE OF TEXAS MY COMM. EXP. 3/3/18 Rina Shulk Unofficial Copy Notary Public, State of Texas Midland County Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy STATE OF TEXAS COUNTY Standby Copy Moc Unofficial, Midland County Clerk § cos cos etric Generators Guidelines for the Oaks Homeowners Association, Inc 160 c (referre County Clerk Unofficial Copy to the Bylaws of Mockingbird Oaks Homeowners Association, Inc as "Association") and the claration of Protective Covenants, the Directors of the Mockingbird Oaks, owners Association, a Texas nonprofit corporation, consent to the adoption of the following resolution: RE: Architectural Guidelines for Standby Electric Generators WHEREAS: 1.
2.
Mockingbird Oaks, owners Association, a Texas nonprofit corporation, consent to the adoption of the following resolution: RE: Architectural Guidelines for Standby Electric Generators WHEREAS: 1.
2.
The Texas Property Code Chapter 202 Section 202.019 prohibits associations from adopting or enforcing certain prohibitions or restrictions on standby electric generators (SEG); and, Pursuant to Section 202.019 of the Texas Property Code, the Board of Directors is permitted to adopt certain limitations on standby electric generators.
BE IT RESOLVED THAT: 1.) In order to comply with official Copy Association adopts, a.
b.
The 202.019 of the Texas Property Code, the Board of Directors of the shall first apply to and receive written approval from the Association prior to r submissiofficial Copy Sidential structure on the Property, in the same manner as all other or improvements to property.
for approval Midland County Clerk on of any SEG permitted by 202.019 that will be located outside of the main f.
g.
C.
d.
e.
The SEG must be installed by a licensed contractor in compliance governmental codes, and accepted standards, for all electrical, connections.
Dapplicable laws, The SEG must be installed and maintained to complyland Coraty governmental healthy, safety and other codes.
Bing and fuel line zoning ordinances and mponent of the SEG or the SEG is deteriorated or unsafe then it shall be repaired, replaced or removed as appropriate.
The Association may restrict the location of the SEG within the guidelines of the law.
The Association may require the screening of SEG in public view and regulate the size, type, materials and manner of screening for SEG and systems that are visible from the street, another lot, or common area.
iation may require the screening of SEG in public view and regulate the size, type, materials and manner of screening for SEG and systems that are visible from the street, another lot, or common area.
There must be sufficient areas on the owner's property to install the standby electric generator device.
The generator must only be used when utility-generated power is not available or intermittent to the residence for a continuous period of 6 hours or more. Once power has been restored to the residence and has been available for a continuous period of two hours, the generator may no longer be used.
2.) In the event of any conflict governing documents.
Standby Electric these provisions and any SEG device restrictions contained in any Association, including design guidelines, policies and the Declaration, this orator policy controls.
Midland County Clerk Unofficial Copy EFFECTI TE: September 1st, 2015 Midland County Clerk Unoffic Authorized Board Member Midland County Clerk Unofficial Copy NOTARY THE STA TEXAS TY OF MIDLAND of December This instrument was acknowledged before me on the PUBLIC SPATE OF TEXAS LIZA SHULER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 3/3/18 Date: 12/10/2015 160 County Clerk Unofficia 2015, by William Walker, in the capacities therein stated.
Midland County Clerk Unofficial Copy day Reza Shule Notary Public, State of Texas Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy STATE OF TEXAS Mo Enforcement Resolution for the Midland County Clerk curabird Oaks Homeowners Association, Inc o the Bylaws of the Mockingbird Oaks Homeowners Association, Inc ( referunty Clerk Unofficial Copy COUNTY QI MIDLAND Pu § cos cos Declaration of Protective Covenants, the Directors of the Mockingbird
o the Bylaws of the Mockingbird Oaks Homeowners Association, Inc ( referunty Clerk Unofficial Copy COUNTY QI MIDLAND Pu § cos cos Declaration of Protective Covenants, the Directors of the Mockingbird non-profit corporation, consent to the adoption of the following resolutio Uncurable Violation Enforcement Policy to as "Association") and Homeowners Association, a Texas RE: WHEREAS: 1.
2.
The Board of Directors is empowered to enforce the covenants, conditions and restrictions of the Covenants, Bylaws and any rules and regulations of the Association.
It is the Board's duty to use its best efforts to assure that said enforcement occurs. Uncurable violation is defined as: A violation that has occurred, but is not a continuous action or a condition capable of being remedied by affirmative action. The non-repetition of a one-time violation or other violation that is not ongoing is not considered to be an BE RESOLVED THAT: 2. All rules the Claddequate remedy.
1. The Board of Directe policies for 3. The ations.
adopts this Uncurable Violation Enforcement Policy to establish in compliance with the Chapter 209 of the Texas Property Code.
☑Association shall be enforced All other violations will be governed by the current Violation Enforcement] by this policy.
Midland Countyotion Schedule (attached) shall be the Association's policy of enforcement EFFECTIVE: September 1st, 2015 M Wall Authorized Board Member THE STATE OF TEXAS COUNTY OF MIDLAND of This instrument wa Decembedged b Unofficial Copy Midland Clerk 12/10/2015 before me on the Midland County Clerk Unofficial Copy PATE OF TEXAS LIZA SHULER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 3/3/18 Date 10th day 2015, by William Walker, in the capacities therein stated.
Ruma Midland and are not impacted County Clerk Unofficial Copy
AS LIZA SHULER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 3/3/18 Date 10th day 2015, by William Walker, in the capacities therein stated.
Ruma Midland and are not impacted County Clerk Unofficial Copy Rep ark Unofficial Copy Violation Procedure Midland County Notary Public, State of Texas Status Notice of applied fine Sighting: Fine Assessed and Fine and the intent to assess sent (verified mail) General Policy additional fine for any future occurrences 1 ork Unofficial Copy Action Required Count Midower to st not repeat action or If a homeowner is in violation of an uncurable violation as defined in this policy, the above table will govern action taken. All other violations will follow the Association Violation Enforcement Resolution. Uncurable violation examples include, but are not limited to: shooting fireworks, an act constituting a threat to health or safety, a noise violation that is not ongoing, property damage (including the removal or alternation of landscape), and holding a garage sale or other event prohibited by the dedicatory instruments.
Attorney Procedure The Board, in its best discretion may decide enforcement. The decision to escalate an an account is escalated to an attorney or other third party for history or other factors that may influenc Declaration of Covenants, all the homeowners account and permissible by law.
the attorney may be based on violation severity, prior violation Board of Director's decision. If allowable by law or the Association's Homeown Clerk toes/court costs shall be the homeowner's responsibility and shall be charged to Other: This this Midland due shall be subject to the Association's ordinary collection procedure Unofficial Copy ✓ be amended and/or adjusted by the Board of Directors from time to time out notice.
to Other: This this Midland due shall be subject to the Association's ordinary collection procedure Unofficial Copy ✓ be amended and/or adjusted by the Board of Directors from time to time out notice.
are advised that they should contact the management company to request the they have a question and/or need assistance in making payment arrangen Midland County t recent version of Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy