* 2024 - 2024010139 11/07/2024 02-42 PM Page 1 of 7 209 HEARING POLICY for POTRANCO ACRES HOMEOWNREON SOCIATION, INC.
“Ni THE STATE OF TEXAS ¢ ee S ~ President of Potranco Acres Homeowners ion”), certify that at a meeting of the Boa4d of Directors of ) duly noticed, and held on the“}“-day of Ro yewnloer7024, t the Board members being present and remaining throughout, with at least a q' and being duly orized to transact business, the following 209 Hearing Policy (this “Policy”) vers by not less than a majority of the Board members in attendance.
L Association, Inc. (the “Ag, the Association (the “ ¢ RSS RECITALS: ‘ The property encumbered by this 209 Hearing Policy is that property restricted by the Potranco Acres Declaration of Covenants, Conditions, Easements and Restrictions recorded in the Official Public Records of Real Property of Medina County, Texas, under Clerk’s File No. 2020011377, as same has been or may be amended and/or supplemented from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association.
2. Article 11, Section (a) of the Declaration grants to the Association the power and authority to enforce all covenants, conditions and restrictions set forth in the Dedicatory Instruments (as defined by the Texas Property Code).
3. Section 209.007 of the Texas eee (“Code”) sets forth notice requirements to provide an Owner with an opportu cure a violation or delinquency, including providing the Owner with an opportugs quest a hearing with the Board.
4, The Board desires to adopt edure for conducting a hearing that is consistent with Sections 209.006 and 299 £ the Code and applicable provisions in the Dedicatory Instruments. PY
ing with the Board.
4, The Board desires to adopt edure for conducting a hearing that is consistent with Sections 209.006 and 299 £ the Code and applicable provisions in the Dedicatory Instruments. PY 5. This Policy r and supersedes any previously recorded or implemented policy that ad s the subjects contained herein, if any, adopted by the Association. < LO 209 eo icy for Potranco Acres Homeowners Association, Inc Page 1 of 6 t © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used onl¥in connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
2024 - 2024010139 11/07/2024 02-42 PM Page 2 of 7 BOARD HEARING >...
In the event that an Owner requests Hearing pursuant to the Texas Property Code and/or Association’s Goveryn*Documents Enforcement and Fining Policy or Collections Policy, the followin eters will govern the Board Hearing: ¢ &S, & efinitions Nelation’s architectural review authority, as defined by e Code. Except during the development period or any eclarant appoints at least a majority of the ARC members or has the au, to veto or modify a decision of the ARC, a person may not be appointedegeccted to serve on the ARC if the person is: A. “ARC” means the Section 209.00505 + ‘current board member; ee Acurrent board member’s spouse; or c. Aperson residing in a current board member's household.
B. “ARC Notice” means the notice of ARC denial sent to the Owner by the Association pursuant to Section ITI(A) of this Policy.
C. “Board Hearing” means any hearing before the Board pursuant to this Policy.
D. “Code” means the Texas Property Code.
E. “Dedicatory Instrument” has the meaning as defined by Section 209.002(4) of the Code.
d Hearing” means any hearing before the Board pursuant to this Policy.
D. “Code” means the Texas Property Code.
E. “Dedicatory Instrument” has the meaning as defined by Section 209.002(4) of the Code.
F. “Hearing Notice” means the notice of hearing sagt to the Owner by the Association pursuant to Section II(B) of this Policy. 8 G. “Hearing Packet” means the packe ed to the Owner by the Association pursuant to Section IV(B) of this Ro ww YY A . The Board Heating: be held no later than the thirtieth (30!) day after the date the Board recei Owner's request for a Board Hearing. The Board or the Owner may st a postponement and, if requested, a postponement shall be granted ee period of not more than ten (10) days. Notwithstanding the Re ° 209 agen for Potranco Acres Homeowners Association, Inc Page 2 of 6 t © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used onfwin connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
“4 2024 - 2024010139 11/07/2024 02-42 PM Page 3 of 7 foregoing, the Board Hearing may be scheduled outside of these parameters by agreement of the parties. S Ning forth the date, time, and place of r than ten (10) days before the date of the ay be held by virtual or telephonic means, in or the virtual or telephonic Board Hearing shall ing for purposes of the Notice.
B. The Board shall provide a Hearing N the Board Hearing, to the Owner Board Hearing. The Board He which case the access inform be the “place” of the Boar: C. Owners are expectedktotovide copies of any documentary evidence the Owner intends to introd wy the Board Hearing to the Board no later than five (5) days before the Boagsng
the “place” of the Boar: C. Owners are expectedktotovide copies of any documentary evidence the Owner intends to introd wy the Board Hearing to the Board no later than five (5) days before the Boagsng D. The poo GR required to deliberate or reach a determination during the Board Heari 4ther, all information gleaned from the Board Hearing may be taken u visement by the Board. The Association or its managing agent may the Owner of the Board’s decision in writing within thirty (30) days of the Qyie of the hearing. If there is no written communication from the Association or Nw managing agent within this timeframe, the violation will remain standing.
E. The Board may set a time limit for the Board Hearing, to be determined at the Board’s sole and absolute discretion, taking into account factors including but not limited to the complexity of the issues and the number of exhibits. The Board may communicate the time limitation in any manner to the Owner and will make every effort to communicate the time limitation to the Owner in advance of the date of the hearing. The time limitation will be strictly adhered to and is intended to strike a balance between: (i) allowing the Association ample time to present its case; (ii) allowing the Owner ample time to present the Owner's response; (iii) the Board’s finite amount of time available to consider such issues.
F. All parties participating in the Board Hearing are expected to treat each other professionally and respectfully. The Board r, es the right to terminate a Board Hearing if the Board, in its sole and iscretion, determines the Board Hearing has become unproductive a contentious. The Board, in its sole and terminated pursuant to this Se¢tj ).
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Board Hearing has become unproductive a contentious. The Board, in its sole and terminated pursuant to this Se¢tj ).
\ G. Either party may make an gH Precoring of the Board Hearing.
H. This Policy does not ‘o instances where the Association files a suit seeking a temporary restray{ing order, or temporary injunctive relief, or files a suit that includes foreclo a cause of action. Further, this Policy does not apply toa ion of a person’s right to use Common Areas that is the result t occurred in a Common Area and involved a significant and sk of harm to others in the subdivision. The temporary suspension is immedia oA 209 Heari icy for Potranco Acres Homeowners Association, Inc Page 3 of 6 t © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used onlin connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
2024 - 2024010139 11/07/2024 02-42 PM Page 4 of 7 effective until the Board makes a final ae on the suspension action after following the procedures prescribed by thi I. Owners are entitled to one hearing, s the Board in its sole and absolute discretion agrees to allow additio rings.
¢ J. Inaccordance with Section 2! ie) of the Code, an Owner or the Board may use alternative dispute resoluptaBervices.
il.
A. In accor ke with Section 209.00505(d) of the Code, a decision by the ARC denyj n application or request by an Owner for the construction of ments in the subdivision may be appealed to the Board. An ARC Notice denial must be provided to the Owner by certified mail, hand delivery, or ctronic delivery. The ARC Notice must:
he construction of ments in the subdivision may be appealed to the Board. An ARC Notice denial must be provided to the Owner by certified mail, hand delivery, or ctronic delivery. The ARC Notice must: a. describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and b. inform the Owner that the Owner may request a hearing on or before the thirtieth (30%) day after the date the notice was mailed to the Owner.
B. During the Board Hearing, the Board (or a designated representative of the Association) and the Owner (or the Owner's designated representative) will each be provided the opportunity to verify facts and discuss the resolution of the denial of the Owner's application or request for the construction of improvements, and the changes, if any, requested by the ARC in the notice provided to the Owner under Section 209.004(d) of the Code. \ C. Following the Board Hearing, the Bor 9 affirm, modify, or reverse, in whole or in part, any decision of the ARC ashe! stent with the Association’s Dedicatory ° Instruments.
¢ oO &Er.
Additional ‘Applicable to Other Hearings S A. Subject to the exceggjoMS set forth in Section II(H) of this Policy, this Section IV shall apply to B earings in connection with: a. t g of fines for violations of the Dedicatory Instruments; b, ee pension of an Owner's right to use the Common Areas; ° 209 Heari icy for Potranco Acres Homeowners Association, Inc Page 4 of 6 t © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used on¥in connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
” 2024 - 2024010139 11/07/2024 02-42 PM Page 5 of 7
ved. This Policy may be used on¥in connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
” 2024 - 2024010139 11/07/2024 02-42 PM Page 5 of 7 c. the filing of a lawsuit against an Ownen(jher than a suit to collect regular or special assessments or forecion® the Association’s lien; d. charging an Owner for prope Orage or ¢ e. reporting of any delin ¢ an Owner to a credit reporting service.
B. The Board shall include gyMe the Notice, a Hearing Packet containing all documents, photogranaey communications relating to the matter which the at the Board Hearing.
Board intends to < C. Ifthe Board fail ide the Hearing Packet to the Owner at least ten (10) days before the B earing, the Owner is entitled to an automatic fifteen (15) day postpon f the Board Hearing.
& Board Hearing, a member of the Board or the Association’s designated mtative shall first present the Association’s case against the Owner. An er, or an Owner's designated representative is then entitled to present the wner’s information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.
D. Duyi [Signature Page Follows] 209 Hears icy for Potranco Acres Homeowners Association, Inc Page 5 of 6 t © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used onfin connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
2024 - 2024010139 11/07/2024 02-42 PM Page 6 of 7 I hereby certify that I am the duly elected, eed and acting Presdient of the Association and that the foregoing 209 Hearing Poli, approved by a majority vote of the Board of Directors as set forth above and n in the books and records of the
ted, eed and acting Presdient of the Association and that the foregoing 209 Hearing Poli, approved by a majority vote of the Board of Directors as set forth above and n in the books and records of the Association, to be effective upon recording in RR icial Public Records of Real Property of Medina County, Texas. NO ¢ TO CERTIFY which witness oY this the BEFORE ME, the undersigned nota public, . on this a day of N OWRMYRV_, 2024 personally appeared Cn WS Sond , 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.
Er aS DARLENE BAXTER Notary (D #5260914 My Commission Expires June 10, 2026 Public in and for the State of Texas 209 Heari icy for Potranco Acres Homeowners Association, Inc Page 6 of 6 o connection with the Potranco Acres community and the operation of the Potranco Acres Homeowners Association, Inc.
2024 - 2024010139 11/07/2024 02:42 PM Page 7 of 7 a cs Instrument Numb OS oso we } yor Recordings SS) Recorded On: November 07, 2024 es Number of Pages: 7 S “ Examined and Charged as Follows: ” Total Recording: Qe tetseeeeeet THIS PAGE IS PART OF THE Sion Sram Any provision herein which restricts the Sale, Rental s@of the described REAL PROPERTY because of color or race is invalid ona ceable under federal law.
File Information: Py Record and Return To: Document Number: 2024010139 9 Potranco Acres Receipt Number: 20241107000028 »S Recorded Date/Time: November 07, 2a PM User: Jaylen P Se Station: cccash2 Gina Champion ° ‘
ion: Py Record and Return To: Document Number: 2024010139 9 Potranco Acres Receipt Number: 20241107000028 »S Recorded Date/Time: November 07, 2a PM User: Jaylen P Se Station: cccash2 Gina Champion ° ‘ Medina County Clerk Medina County, TX