2024 - 2024010137 11/07/2024 02-42 PM Page 1 of 9 GOVERNING DOCUMENTS ENFORCEMRY’ AND FINE POLICY or POTRANCO ACRES HOMEOWNEIO) SOCIATION, INC.
THE STATE OF TEXAS § we President of Potranco Acres Homeowners ”), certify that at a meeting of the Board of Directors of the y called and held on the [i day of of the Board members being present and remaining throughout, and transact business, the following Governing Documents Enforcement and Fine Poligy icy”) was approved by not less than a majority of the Board members in attendance. » A RECITALS: 1. Article 11, Section (a) of the Declaration authorizes the Association to enforce all covenants, conditions and restrictions set forth in the Declaration.
Association, Inc. (the “Ass Association (the “Board%.
2. Article 6, Section (k) of the Declaration authorizes the Association to levy fines against an Owner for violations of the Governing Documents, subject to compliance with notice requirements imposed by law.
3. Section 209.006 of the Texas Property Code sets forth notice requirements prior to the commencement of enforcement action, including the imposition of fines.
4, The Board of Directors desires to adopt a policy relating to the enforcement of the Declaration and the other Governing Documents of the Agga{jation consistent with Section 209.006 of the Texas Property Code. 9S 5, This Policy supersedes and replaces an viously recorded fine and enforcement policy.
SSETH: It is the policy of the Associ «O enforce its Governing Documents (as defined herein) as provided below. S Section 1. Definj Capitalized eo in this Policy have the following meanings: we Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 1 of 8
provided below. S Section 1. Definj Capitalized eo in this Policy have the following meanings: we Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 1 of 8 Cop’ 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in conriec ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 2 of 9 and Restrictions recorded in the Offi c Records of Real Property of Medina County, Texas under Clerk’s File MA? 11377, as amended and supplemented.
¢ 1.2. Governing Documents document governing the establishment, maintenance or operati the properties within the Community, as more particularly defined in n 202.001(1) of the Texas Property Code.
1.1. Declaration - The Potranco Acres cae Covenants, Conditions, Easements Other capitalized terms ey this Policy, but not defined herein, have the same meanings as that ascribed to them in th ation, Section 2. of Violations. Section 209.006 of the Texas Property Code refers to curable violations, le violations, and violations which are considered a threat to public health or safety. pes of violations are addressed below.
¢ Ss Curable Violations - By way of example and not in limitation, the Texas ae Code lists the following as examples of curable violations: a a parking violation; b. a maintenance violation; © the failure to construct improvements or modifications in accordance with approved plans and specifications; and d. an ongoing noise violation such as a barking dog.
action or a condition capable of being remedied by affirmative action. By way of example
lation such as a barking dog.
action or a condition capable of being remedied by affirmative action. By way of example and not in limitation, the Texas Property Code lists the following as examples of uncurable violations: a. an act constituting a threat to healtha&safety; b. discharging fireworks; gS c. a noise violation that is no GS: and d. holding a garage sale en event prohibited by the Governing Documents.
¢o 2.3. Violation that is Si to Public Health or Safety - Per the Texas Property Code, a violation that coul ially affect the physical health or safety of an ordinary resident.
As provided in thi Sy there are two (2) enforcement procedures to be followed depending upon whether olation is curable and does not pose a threat to public health or safety or whether the violags OQ ‘uncurable and/or poses a threat to public health or safety. If there is reasonable uncertain to whether a violation is curable or uncurable or a threat to public health ° Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 2 of 8 Cop 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connec ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 3 of 9 or safety, the Board has the authority to make the com and, therefore, to decide which enforcement procedure will be followed. Provided that, icy will not be construed to impose an obligation on the Board to pursue enforcement ith respect to a violation or alleged violation if the Board, in its reasonable good faith ent, decides that enforcement action is not warranted or necessary. aS ¢
n on the Board to pursue enforcement ith respect to a violation or alleged violation if the Board, in its reasonable good faith ent, decides that enforcement action is not warranted or necessary. aS ¢ Section 3. Enforcement - C Violations That Do Not Pose a Threat to Public Health or Safety. If a violation is cur 'd does not pose a threat to public health or safety, the Owner will be given a reasonable ae cure the violation, as provided below. The time period given to an Owner may vary de g upon the violation and the difficulty involved or the effort required to cure the violatio: SON Board of Directors may, but is not obligated to, consider any special circumstance relati the violation and the cost to cure the violation. The enforcement procedure for this typ: ation is as follows: 3.
QB Courtesy Letter (Optional) ~ Upon verification of a violation, a courtesy sent to the Owner describing the violation and requesting that the Owner iolation within a stated time period. The Association is not required to send a y letter.
letter cur 3.2. Violation Letter (Optional) - After the expiration of the time set forth in the courtesy letter, if a courtesy letter is sent, or as the initial notice, a violation letter may be sent to the Owner. Depending on the severity of the violation and/or the history of prior violations on the Owner's Lot, the violation letter may be the first letter sent to the Owner. The Association is not required to send a violation letter. If sent, the violation letter will include: a a description of the violation; b, the action required to correct the violation; c. the time by which the violation must be corrected; and d. notice that if the violation is not aries within the time provided or if
of the violation; b, the action required to correct the violation; c. the time by which the violation must be corrected; and d. notice that if the violation is not aries within the time provided or if there is a subsequent violatio 2 e same restriction, a fine may be imposed or other enforcemeg? QS may be initiated.
3.3. Demand Letter - Eith initial verification of a violation, or after the expiration of the time period stategg courtesy letter and/or violation letter, if sent, a demand letter may be sent to th er. The demand letter must be sent by certified mail or by any method of mailin, hich evidence of mailing is provided by the United States Postal Service ora n carrier. The demand letter must be sent to the Owner's last known address as sgoWh in the records of the Association, as well as by any other method that the Bo termines will cause the demand letter to be received by the Owner. Dependin e severity of the violation and/or the history of prior violations on the na/ome Se e demand letter may be the first letter sent (rather than a courtesy letter and/o ation letter), as determined by the Board in its sole discretion.
Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 3 of 8 Copym 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connec ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 4 of 9 3.4. Content of the Demand Lets demand letter will include the following: On» a. a description of the gah that is the basis for the enforcement action, , OF suspension ncn fine and any amount due the Association;
of the Demand Lets demand letter will include the following: On» a. a description of the gah that is the basis for the enforcement action, , OF suspension ncn fine and any amount due the Association; b. notice that the Oy is entitled to a reasonable period to cure the violation and avoid rcement action, suspension, charge or fine; C. a specifiadgte, which must be a reasonable period given the nature of the violatj which the Owner must cure the violation. If the Owner cures the tion before the date specified, a fine may not be assessed for the 10; d. Y? notice that the Owner may request a hearing before the Board of ¢ “\ Directors, such request to be made in writing on or before the 30% day after RSS the date the notice was mailed to the Owner; and e. notice that the Owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the Owner is serving on active military duty.
3.5. Hearing Requested - If a hearing is properly requested by the Owner, the hearing will be held not later than the 30' day after the date the Association receives the Owner's written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10 day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the “place” of the hearing for purposes of the noted
arties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the “place” of the hearing for purposes of the noted 3.6 Hearing Packet - The Bo include with the hearing notice, a hearing packet containing all document: ographs, and communications relating to the matter which the Board intends* oduce at the hearing. If the Board fails to provide the hearing packet to thg’: r at least ten (10) days before the hearing, the Owner is entitled to an automa en (15) day postponement of the hearing.
3.7 Conducting Vearing - During the hearing, a member of the Board or the Association’s desigjat® representative shall first present the Association’s case against the Owner. er, or an Owner's designated representative is then entitled to present the O ormation and issues relevant to the dispute. The Board may ask questions of er or designated representative. Additional information regarding the hearing Ss may be found in the Association's 209 Hearing Policy.
° Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 4 of 8 Cop 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connec ith the Potranco Actes community and the operation of Potranco Acres Homeowners Association, Inc.
” 2024 - 2024010137 11/07/2024 02-42 PM Page 5 of 9 s\ is not properly requested by the frame set forth in the demand letter.
on Area, and other remedies available to e expiration of the thirty (30) day time frame 3.8. Hearing Not Requested - If a Owner, the violation must be cured within t Fines, suspension of the right to use the the Association may be implemented af!
provided to the Owner to request a prig.
3.8. Hearing Not Requested - If a Owner, the violation must be cured within t Fines, suspension of the right to use the the Association may be implemented af!
provided to the Owner to request a prig.
3.9. Remedies - ner is liable for, and the Association may collect reimbursement of, reason orney’s fees and other reasonable costs incurred by the Association after the conquSn of a hearing, or, if a hearing is not requested, after the date by which the Ow, ust request a hearing. Additionally, the Association may, but is not obligated to ise any self help remedies set forth in the Declaration. Further, mmon Area may be suspended.
the right to “es In e Won to charging fines, the Association reserves the right under the Govern ments and under Texas law to file a suit for the recovery of damages and/ ctive relief.
QA notice of violation may also be recorded in the real property records if the tion is not cured within the specified time frame.
Section 4. Enforcement - Uncurable Violations and/or Violations that Pose a Threat to Public Health or Safety. Upon initial verification of an uncurable violation and/or threat to public health or safety, a demand letter may be sent to the Owner. The demand letter must be sent by certified mail or by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier. The demand letter must be sent to the Owner's last known address as shown in the Association’s records, as well as by any other method that the Board determines will cause the demand letter to be received by the Owner.
4.1. Content of the Demand Letter - The demand letter will include the following: a. a description of the violation s. basis for the enforcement action,
the demand letter to be received by the Owner.
4.1. Content of the Demand Letter - The demand letter will include the following: a. a description of the violation s. basis for the enforcement action, suspension action, charge, 0 d any amount due the Association; b. notice that the Owner 1. uest a hearing before the Board of Directors, such request to be ma riting on or before the 30% day after the date the notice was mag he Owner; and a. notice that O may have special rights or relief related to the enforceme n under federal law, including the Servicemembers Civil Relief Acty50U.S.C. App. Section 501 et seq.), if the Owner is serving on sabe duty.
4.2. oot Requested - If a hearing is properly requested by the Owner, the hearing must eld not later than the 30* day after the date the Association receives the ° Governing Do 's Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 5 of 8 Copyra 4 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connectt ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 6 of 9 Owner's written request for a hearing. Notificatiogtyt the date, time and place of the hearing will be sent not later than the 10% day the hearing. If a postponement of the hearing is requested by either the Associ the Owner, a postponement must be granted for a period of not more than nN ays. Any additional postponement may be granted by agreement of the parties*. earing may be held by virtual or telephonic means, in which case the access i on for the virtual or telephonic hearing shall be the “place” of the hearing for pur of the notice.
4.3. Hearing - The Board shall include with the hearing notice, a
means, in which case the access i on for the virtual or telephonic hearing shall be the “place” of the hearing for pur of the notice.
4.3. Hearing - The Board shall include with the hearing notice, a al’documents, photographs, and communications relating to intends to introduce at the hearing. If the Board fails to ket to the Owner at least ten (10) days before the hearing, the automatic fifteen (15) day postponement of the hearing.
hearing packet contai the matter which th provide the heari Owner is enti RQ A. Conducting the Hearing - During the hearing, a member of the Board or é jon’s designated representative shall first present the Association’s case % Owner. An Owner, or an Owner's designated representative is then entitled ont the Owner's information and issues relevant to the dispute. The Board may ask gwWstions of the Owner or designated representative. Additional information regarding the hearing process may be found in the Association’s 209 Hearing Policy.
4.5. Remedies - Regardless of whether the Owner requests a hearing, fines, suspension of the right to use the Common Area, and other remedies available to the Association may be implemented after mailing the demand letter. The Owner is liable for, and the Association may collect reimbursement of, reasonable attorneys’ fees and other reasonable costs incurred by the Association. Additionally, the Association may, but is not obligated to, exercise any self help remedies set forth in the Declaration. Further, the right to use the Common Area may be suspended.
In addition to charging fines, the Association reserves the right under the Governing Documents and under Texas law, to AV suit for the recovery of damages and/or injunctive relief. SX
y be suspended.
In addition to charging fines, the Association reserves the right under the Governing Documents and under Texas law, to AV suit for the recovery of damages and/or injunctive relief. SX A notice of violation may also be Sm in the real property records should the violation not be cured within the spect me frame.
¢ Section 5. Subsequent Violatiog Nn Owner has been given notice in accordance with Section 3 or Section 4 of this Policy in eceding six (6) month period, notice is not required for the recurrence of the same or a si olation. The Association may impose fines or suspend the Owner's right to use the Comm a without first sending another demand for compliance.
Section 6. Fines. t to the notice provisions set forth in Section 3 or Section 4 of this Policy, as applicable, ociation may impose reasonable monetary fines against an Owner in accordance with the Kel schedule until the violation is cured if of a curable nature. Fines may be assessed for any vAption of the Governing Documents, including but not limited to architectural ° Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 6 of 8 Co 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connecti ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
SN 2024 - 2024010137 11/07/2024 02-42 PM Page 7 of 9 violations, violations for using a lot in a prohibited mann: ailure to take required action, and failure to maintain a lot or the structures thereon. S Pursuant to Section 209.0061 of the Texas erty Code, below is a schedule of fines for each general category of violation for which thea@ociation may assess fines: ¢ ae Violations a Pre-Fine Notice (ifsymQQ”
nt to Section 209.0061 of the Texas erty Code, below is a schedule of fines for each general category of violation for which thea@ociation may assess fines: ¢ ae Violations a Pre-Fine Notice (ifsymQQ” 1st Notice (Chaptey™ Demand Letter) 30 days $50.00 iN 2ad Notice of <S ‘Letter 30 days $100.00 i | Se Noy $200.00 Subsequent Notice of Fine Letters for the 30 days $200.00 same or substantially similar violation Fine Letter for Uncurable Violations or Violations that are a Threat to Public Health or Safety Notwithstanding the foregoing and pursua. tion 209.0061 (c) of the Texas Property Code, the Board reserves the right to levy a fine a e schedule of fines that varies on a caseby-case basis. Specifically, the Board has sole ape discretion to set the amount of the fine (if any) as it reasonably relates to the violaji he Governing Documents, taking into account factors including, but not limited to, t rity of the violation and the number of Owners affected by the violation. Any adjustm this fine schedule by the Board shall not be construed as a waiver of the fine schedule o overning Documents. Any fine levied by the Association is the personal obligation of the Each day of violation may be considered a separate violation if the violation continues afte: en notice to the owner inder of this page was intentionally left blank.} ae Governing Do s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc, Page 7 of 8 Co 24 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in connec ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 8 of 9 I hereby certify that I am the duly elected anes President of Potranco Acres
ommunity and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02-42 PM Page 8 of 9 I hereby certify that I am the duly elected anes President of Potranco Acres Homeowners Association, Inc. and that this Policy was a by not less than a majority vote of the Board of Directors as set forth above and no in the books and records of the Association, to be effective upon recording in the One blic Records of Real Property of Medina County, Texas. A TO CERTIFY which witness my Its: President THE Te TEXAS § § county or {Viedin ds Nouemn\p22024 BEFORE ME, the yndersigned notary public, on this 2) day of personally appeared ( vy VS Spar , President of Potranco Acres Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and in the capacity therein expressed.
otary Public in and for theState of Texas AER® DARLENE BAXTER Notary ID #5260914 q Sad June 10, 2026 8 Governing Do #s Enforcement and Fine Policy for Potranco Acres Homeowners Association, Inc. Page 8 of 8 Cop’ 24 by Roberts Markel Weinberg Butler Hailey PC, ali rights reserved. This Policy may be used only in connec ith the Potranco Acres community and the operation of Potranco Acres Homeowners Association, Inc.
2024 - 2024010137 11/07/2024 02:42 PM Page 9 of 9 UORAUIMN) cs NN “sO Instrument Num 2024010137 er Recordings S Recorded On: November 07, ngage Number of Pages: 9 Ss " Examined and Charged as Follows: " Total Recording: we < Any provision herein which restricts the Sale, Renta of the described REAL PROPERTY
ages: 9 Ss " Examined and Charged as Follows: " Total Recording: we < Any provision herein which restricts the Sale, Renta of the described REAL PROPERTY because of color or race is invalid and orceable under federal law.
WS File Information: WS Record and Return To: Document Number: 2024010137 9S Potranco Acres Receipt Number: 20241107000028 »Y Recorded Date/Time: November 07, 20 :42 PM User: Jaylen P \ Se Station: cccash ty eby certify that this Instrument was filed in the File Number sequence on the date/time ted hereon, and was duly recorded in the Official Records of Medina County, Texas Gina Champion ° : Medina County Clerk Medina County, TX