2023 - 2023000060987 06/02/2023 11:14 AM Page 1 of 54 NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR PRINCETON LAKES (Bylaws; First Amendment to Bylaws; Boat Dock Guidelines; 2011 & 2021 Legislative Policies) STATE OF TEXAS COUNTY OF COLLIN ess cos cos § KNOW ALL MEN BY THESE PRESENTS: 2023, by THIS NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR PRINCETON LAKES (this "Notice") is made this 9 day of Princeton Lakes Property Owners Association, Inc. (the "Association”).
WITNESSETH: WHEREAS, the Association is the property owners' association created to manage or regulate the planned unit development subject to the Declaration of Covenants, Conditions and Restrictions for Princeton Lakes, recorded on or about March 25, 2000 at Volume 4634, Page 344 et seq. as Document No. 20000328000295820 of the Real Property Records of Collin County, Texas (the "Declaration"); and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the development is located; and Unonicial WHEREAS, the Association desires to record the dedicatory instruments attached hereto as Exhibit "A" pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instruments attached hereto as Exhibit "A" are true and correct copies of the originals and are hereby filed of record in the Real Property Records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
PRINCETON LAKES PROPERTY
202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC., A Texas non-profit corporation By: Name: Jamie McCarthy Title: Vice President NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 #.
EXPIRES STACY M NOTARE TEXAS CARL LSON NIBLIC" PUBL 2023 2023000060987 06/02/2023 11:14 AM Page 2 of 54 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF COLLIN Jamie mccarthy cos cos cos of Princeton BEFORE ME, the undersigned authority, on this day personally appeared Lakes Property Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
SUBSCRIBED AND SWORN TO BEFORE ME may , 2023.
40 08-11-2026 Unofficial State of Texas My Commission Expires: 08-11-2026 NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 S 2023 2023000060987 06/02/2023 11:14 AM Page 3 of 54 EXHIBIT "A" A-1 Bylaws of Princeton Lakes Property Owners Association, Inc.
A-2 A-3 A-4 First Amendment to the Bylaws of Princeton Lakes Property Owners Association, Inc.
Document Inspection and Copying Policy Document Retention Policy A-5 Alternative Payment Plan Policy A-6 Flag Display Guidelines A-7 Solar Energy Device Guidelines A-8 Roofing Materials Guidelines ficial A-9 Rainwater Collection Device Guidelines A-10 Email Registration Policy A-11 Religious Item Display Guidelines A-12 Security Measures Guidelines A-13 Swimming Pool Enclosure Guidelines A-14 Architectural Review Authority Procedures A-15 Violation Hearing Procedures
Policy A-11 Religious Item Display Guidelines A-12 Security Measures Guidelines A-13 Swimming Pool Enclosure Guidelines A-14 Architectural Review Authority Procedures A-15 Violation Hearing Procedures A-16 Policy Regarding Solicitation of Bids A-1 Boat Dock Guidelines NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 3 1 2023 2023000060987 06/02/2023 11:14 AM Page 4 of 54 BYLAWS OF PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE 1 NAME AND LOCATION The name of the corporation is Princeton Lakes Property Owners Association, Inc., hereinafter referred to as the "Association". The principal office of the corporation shall be located at PO Box 1116, Princeton, TX. 75407, but meetings of members and directors may be held at such places within the State of Texas as may be designated by the Board of Directors. All terms used in these Bylaws shall have the same meanings ascribed to them as those set forth in that certain Declaration of Covenants, Conditions and Restrictions for Princeton Lakes executed by LSP Partners, Ltd., a Texas limited partnership on March 25, 2000 and the Supplemental Declaration of Covenants, Conditions and Restrictions for Princeton Lakes executed by LSF Partners, Ltd., a Texas limited partnership on March 25, 2000, and all amendments and supplements thereto, and all annexation agreements recorded in connection therewith (collectively the "Declaration").
ARTICLE II BOARD OF DIRECTORS Section 1. Number of Directors. The Association will be managed by Board of Directors (the "Board") whose number is five (5) but which number may be increased or decreased from time to time by a resolution adopted by the affirmative vote of the Board. Directors must be members of the Association. Directors shall serve for so long as
number may be increased or decreased from time to time by a resolution adopted by the affirmative vote of the Board. Directors must be members of the Association. Directors shall serve for so long as they continue in their respective offices, or until their successors are elected and qualify.
nofficial Section 2. Compensation. Directors will not receive any compensation for their services as officers or directors.
Section 3. General Powers and Duties of Directors. The directors will have general charge of the affairs, property, and assets of the Association. It will be the duty of the Board to carry out the goals and purposes of the Association and, to this end, to manage and to control all of its property and assets. In carrying out its duties the Board is authorized to elect officers and to employ or to arrange for the services of such other persons, including attorneys, agents, managers and assistants, as their opinion are necessary or desirable for the proper administration of the Association and of its properties, and to pay reasonable compensation for such officers' and persons' services and expenses. The Board may also, from time to time, appoint and retain as advisors persons whose advice, assistance, or support may be deemed helpful in determining policies and formulating programs for carrying out the Association's purposes and pay the reasonable expenses thereof.
Section 4. Specific Powers The Board of Directors shall specifically, but without limiting any general powers, have power to: (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof;
lish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof; (b) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-laws or the Articles of Incorporation, or the Declaration Section 5. Specific Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs; (b) supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed; PLPOA Bylaws V6.25b Page 1 of 12 Adopted 06-28-2022 2023 2023000060987 06/02/2023 11:14 AM Page 5 of 54 (c) to carry out the duties more fully provided in the Declaration; (d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board before the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
Section 6. Vacancies. Whenever a vacancy occurs in the Board by death, resignation, or increase in the number of directors of the Association, such vacancy or vacancies will be filled by a majority vote of the Board, even though the remaining directors may constitute less than a quorum. Each director, so elected, will hold office for the unexpired term of his predecessor in office.
Section 7. Removal. Any director may be removed from the Board with or without cause by a majority vote of the
rector, so elected, will hold office for the unexpired term of his predecessor in office.
Section 7. Removal. Any director may be removed from the Board with or without cause by a majority vote of the members of the Association at a meeting called for such purpose. In the event of removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
ARTICLE III MEETING OF BOARD OF DIRECTORS Section 1. Annual Meeting. The annual meeting of the Board will be held annually on such day and date in October as determined by the Board and stated in notice to all directors, on at such other time as may be determined by the directors for the purpose of electing officers and for the transaction of such other business as may come before the meeting.
Section 2. Regular Meetings. Regular meetings of the Board will be held, if necessary, at such times as may be determined from time to time by the Board or by any officer of the Association and preceded by notice sent to each director at least five (5) business days before the date scheduled for the meeting called.
Unofficial Section 3. Special Meetings. Special meetings of the Board may be held at any time upon the call of the President, the Secretary, or any two directors of the Association Notice will be sent by mail, email, or telefax to the last known address of each director at least three (3) days before the meeting. Oral notice may be substituted for such written notice if given not later than one (1) day before the meeting. Notices of such meeting may be waived in writing before or after such meeting and will be equivalent to the giving of notice. Attendance of a director at such
ater than one (1) day before the meeting. Notices of such meeting may be waived in writing before or after such meeting and will be equivalent to the giving of notice. Attendance of a director at such meeting will also constitute a waiver of notice thereof except where he or she attends for the announced purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Except as otherwise required by law neither the business to be transacted at nor the purpose of any regular or special meeting of the directors need be specified in notice or waiver of notice of such meeting.
Section 4 Action Without a Meeting. Any action required or permitted by law, the Articles of Incorporation, or these Bylaws to be taken at a meeting of the Board may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all of the directors.
Section 5. Quorum and Determination of Majority Vote. A quorum for the transaction of business will consist of a majority of the number of directors. Unless otherwise required by law or these Bylaws, all acts and determinations of the Board will require the affirmative vote of the directors present at any duly called and held meeting of the directors at which a quorum is present throughout, and the phrases "majority vote," "majority vote of the Board," and others describing or requiring action the directors will be so construed. Every act or decision done or made or ratified by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as an act of the Board.
PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 2 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 6 of 54 OFFICERS
uly held meeting at which a quorum is present shall be regarded as an act of the Board.
PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 2 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 6 of 54 OFFICERS Section 1. Officers. The officers of the Board of Directors will be elected by the members and will consist of a President, a Vice President, a Secretary, a Treasurer, a Lake Operations Officer, and such other Vice President, Assistant Secretaries and Assistant Treasurers as may be convenient or necessary in the judgment of the Board of Directors for the administration and operation of the Property, all of whom will hold office until their successors are elected and qualified. All officers will be entitled to be paid or reimbursed for all direct out-of-pocket costs and expenditures incurred in the Association's business. Officers shall serve one (1) year terms and shall be elected at the annual meeting of the Board, except for the officers elected in October of 2002, they shall serve for 1 year and 3 months, with their term ending December 31 of 2003. Beginning in 2002 all officers will be elected into office at the Annual Meeting but will take office January 1 of the following year.
Section 2. Vacancies. Whenever a vacancy occurs in any office by death, resignation, increase in the number of officers of the Board, or otherwise, the vacancy will be filled by the Board and the officer so elected will hold office until his or her successor is chosen and qualified.
Section 3. Removal. Any officer elected or appointed by the Board may be removed by the Board whenever in its judgment the best interest of the Association will be served thereby. The Board shall then elect the successor for such removed officer.
ointed by the Board may be removed by the Board whenever in its judgment the best interest of the Association will be served thereby. The Board shall then elect the successor for such removed officer.
Section 4. President. It will be the duty of the President to preside at all meetings of the Board to sign all deeds, conveyances, releases, and to be the chief executive officer of the Association.
Section 5. Vice President. The Vice President may perform the usual and customary duties that pertain to such officer (but no unusual or extraordinary duties or powers conferred by the directors upon the President) and, under the direction and subject to the control of the directors, such other duties as may be assigned to him or her. The Vice President shall serve as the chairperson of the Compliance Committee.
Section 6. Secretary. It will be the duty of the Secretary to attend all meetings of the directors and to record correctly the proceedings of such meetings in a book suitable for that purpose. The person holding the office of the Secretary also will perform such other duties as may be assigned to him or her. The duties of the Secretary may also be performed by any Assistant Secretary.
Unofficial Section 7. Treasurer. The Treasurer will keep and account for such monies of the Association as may be entrusted to his keeping. He or she will be prepared at all times to give information as to the financial condition of the Association. The person holding the office of Treasurer also will perform such other duties as may be assigned to him or her. The duties of the Treasurer may also be performed by any Assistant Treasurer.
Section 8. Lake Operations Officer The Lake Operations Officer will perform such duties and activities required
im or her. The duties of the Treasurer may also be performed by any Assistant Treasurer.
Section 8. Lake Operations Officer The Lake Operations Officer will perform such duties and activities required in connection with the maintenance and operation of the lakes and common areas. The person holding the office of Lake Operations Officer also will perform such other duties as may be assigned to him or her.
Section 9. Delegation of Authority. In the case of any absence of any officer of the Association or for any other reason that the directors may deem sufficient, the Board may delegate some or all of the powers or duties of such officer to any other officer or to any director, employee, or agent for whatever period of time seems desirable.
ARTICLE V COMMITTEES Section 1. Executive Committee. The Board may create an Executive Committee the members of which will be appointed by a majority vote of the Board to serve at the pleasure of the Board. Except as otherwise provided herein, the Executive Committee, during the intervals between the meetings of the directors, will possess and may exercise those powers of the directors specifically assigned to such Committee by the Board. A majority of the members of the Executive Committee present at any meeting will constitute a quorum. The Executive Committee will PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 3 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 7 of 54 keep full records and accounts of its proceedings and transactions. All actions taken by the Executive Committee will be reported to the Board at its meeting next succeeding such action and will be subject to control, revision, and alteration by the Board. The Board shall have the power and authority to fill any vacancies in the Executive Committee from time to time.
ding such action and will be subject to control, revision, and alteration by the Board. The Board shall have the power and authority to fill any vacancies in the Executive Committee from time to time.
Section 2. Other Committees. The Board may provide for such other standing or special committees, the members of each of which will be appointed by the Board and the Board may discontinue any such committee at its pleasure. Each such committee will have such powers and perform such duties, not inconsistent with the law, the Articles of Incorporation, the Declaration, or these Bylaws, as the directors may prescribe. Vacancies in such other committees will be filled by the Board or as the Board may provide.
ARTICLE VI DECLARATION Section 1. Incorporation by Reference. The Declaration of Covenants, Conditions and Restrictions for Princeton Lakes executed by LSF Partners, Ltd., a Texas limited partnership on March 25, 2000 and the Supplemental Declaration of Covenants, Conditions and Restrictions for Princeton Lakes executed by LSF Partners, Ltd., a Texas limited partnership on March 25, 2000, and all amendments and supplements thereto, and all annexation agreements recorded in connection therewith, and as such documents may be from time to time amended, are hereby incorporated herein by reference, the same as if such documents, as amended, were set out in full herein.
ARTICLE VII Inofficial Section 1. Classes of Members. The Association shall recognize classes of members as prescribed and set forth by the Declarations. Voting rights of members of each class shall be as stipulated in the Declarations. In the event that ownership interest is owned by more than one (1) person, the persons who own fractional interests in such
rights of members of each class shall be as stipulated in the Declarations. In the event that ownership interest is owned by more than one (1) person, the persons who own fractional interests in such interest aggregating to more than fifty percent (50%) of the whole ownership thereof, shall appoint one (1) Owner who shall be a voting member of the Association. Such designation shall be made in writing to the Board of Directors and shall be revocable at any time by actual notice to the Board of Directors or upon the death or judicially declared incompetence of any one of the persons The Board of Directors shall be entitled to rely on such designation unless and until written notice revoking such designation is received by the Board of Directors. In the event that an interest is owned by more than one (1) person and no person is designated to vote on behalf of the persons having ownership in said interest, then none of such members shall be allowed to vote. All members of the Association may be present at any meeting of the Association and any may act at any such meeting either in person or by proxy.
Section 2. Voting Rights. Each Member shall have the right to cast the number of votes allocated to it in the Articles of Incorporation and the Declaration for the purposes of voting on each matter submitted to a vote of the members.
Section 3. Transfer of Membership. Membership in this corporation is not transferable or assignable, except as such transfer or assignment may be effectuated by a sale of the Lots, the ownership of which gave rise to the status and rights of Membership or as otherwise allowed, authorized and stipulated by the Declaration. Leasing of rights of members is permitted only as set forth by the Declarations.
PLPOA Bylaws V6.25b Adopted 06-28-2022
embership or as otherwise allowed, authorized and stipulated by the Declaration. Leasing of rights of members is permitted only as set forth by the Declarations.
PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 4 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 8 of 54 ARTICLE VIII MEETINGS OF MEMBERS Section 1. Annual Meetings of Members. The Members of the Association will meet in an annual meeting which will be held on such day and date and at such time in the month of October of each calendar year as is set forth in the notice of annual meeting sent to Members, or at such other time and date as the Board may determine and so notify the Members. The purpose of said annual meetings shall be to elect the Directors, and for the transaction of other business as may come before the members of that particular meeting. If the day fixed for any such annual meeting of Members falls on a legal holiday in the State of Texas, then such meeting will be held on the next succeeding business day. If the election of the directors is not held on the day designated for any annual meeting of Members, then the Association will cause the election to be held at a meeting of its Members as soon thereafter as a quorum can be present or represented.
Section 2. Special Meetings. Special meetings of the Members may be called by the President of the Association or by not less than one-sixth (1/6th) of the Members.
Section 3. Place of Meeting. The Board of Directors may designate any place, either within or without the State of Texas as a place of meeting for any annual meeting or for any special meeting called for Members If no designation is made or if a special meeting be otherwise called, the place of meeting will be the registered office of the
ng for any annual meeting or for any special meeting called for Members If no designation is made or if a special meeting be otherwise called, the place of meeting will be the registered office of the Association in the State of Texas; but if all the Members meet at any time and place, either within or without the State, and consent to the holding of a meeting, then such meeting will be valid, without call or notice, and at such meeting any action authorized to be taken by such Members may be taken nofficial Section 4. Notice of Meetings. Written, printed or electronic notice stating the place, day, and hour of any meeting of Members will be delivered, either personally or by mail or email, to each Member entitled to vote at such meeting, not less than ten (10) nor more than fifty (50) days before the date of such meeting, by or at the direction of the person or persons calling the meeting. In case of a special meeting or when required by statute or these Bylaws, the purpose, or purposes, for which the meeting is called will be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his, her or its address as it appears on the records of the Corporation, with postage thereon prepaid.
Section 5. Quorum. The Members of the Association holding a majority of the votes which are eligible to be cast at any meeting of the Association will constitute a quorum at such meeting. If a quorum is not present in person or by proxy at any meeting of such Members the Members present who are eligible to vote shall adjourn the meeting from time to time without further notice.
Section 6. Proxies. At any meeting of Members, a Member entitled to vote may vote by proxy executed in writing
are eligible to vote shall adjourn the meeting from time to time without further notice.
Section 6. Proxies. At any meeting of Members, a Member entitled to vote may vote by proxy executed in writing by the Member or by his or her duly authorized attorney-in-fact. No proxy will be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy.
Section 7. Voting by Mail Where directors are to be elected, such election may be conducted by mail in such manner as the Board of Directors shall determine.
Section Authority of Members. Each Member entitled to vote in accordance with the Declaration or these Bylaws has the power to cast the authorized number of votes as set forth in the Articles of Incorporation to elect directors.
PLPOA Bylaws V6.25b Adopted 06-28-2022 ARTICLE IX CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Page 5 of 12 2023 - 2023000060987 06/02/2023 11:14 AM Page 9 of 54 Section 1. Contracts. The Board may authorize any officer or officers, agent or agents of the Association, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association. Such authority may be general or confined to specific instances.
Section 2. Checks and Drafts. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association will be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board.
Section 3. Deposits. All funds of the Association will be deposited from time to time to the credit of the Association
such manner as shall from time to time be determined by resolution of the Board.
Section 3. Deposits. All funds of the Association will be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board may from time to time select.
Section 4. Gifts. The Board may accept on behalf of the Association any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Association.
ARTICLE X BOOKS AND RECORDS Section 1. The Association or its designated agent will keep correct and complete books and records of account, also will keep minutes of the proceedings of its Board, and committees having any of the authority of the Board, and will keep at its registered or principal office a record giving the names and addresses of the Members. All books and records of the Corporation may be inspected by any Member or his or her agent or attorney for any proper purpose, upon prior notice, during normal business hours. Copies of the Declaration, these Bylaws and the Articles of Incorporation of the Association shall be available to the purchased by Members at a reasonable cost.
Unofficial ARTICLE XI RULES AND REGULATIONS Section 1. At any meeting called for such purpose or at any regular annual meeting, the Board may promulgate rules and regulations for the use and maintenance of Lots and for the use of Common Areas, and for such other purposes as deemed necessary or desirable by the Board Such rules and regulations will be enforceable by the Board as provided in the Declaration.
ARTICLE XII SUPPORT SERVICES Section 1. Manager. The Board, at its sole and absolute discretion, will have the authority to hire a managing agent
forceable by the Board as provided in the Declaration.
ARTICLE XII SUPPORT SERVICES Section 1. Manager. The Board, at its sole and absolute discretion, will have the authority to hire a managing agent ("Manager"), whose duties will be defined in a contract entered into by and between the Association and such Manager.
Section 2. Support Services. The Board, or any Manager hired by the Association will have the authority expressly granted to it by contract and, in addition, unless otherwise provided in such contract, will have the authority, subject to approval of the Board, to hire individuals or business entities for any purposes for which the Corporation has responsibility, and in addition, will have the authority to recommend for approval by the Board other individuals or business entities to carry out responsibilities of the Corporation on behalf of the Corporation.
ARTICLE XIII PLPOA Bylaws V6.25b Adopted 06-28-2022 REMEDIES Page 6 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 10 of 54 Section 1. Late Charges and Fines Related to Unpaid Dues, Step 1 - In all instances in which any assessment provided for in the Declaration applicable to the Member's Lot is not paid within ten (10) days after the due date reflected on such notice of assessment, such Member shall be obligated to pay a fifteen ($15) dollar per month statement preparation fee, and late charges, in the amount of 6% per annum of the past due outstanding balance will be charged to member's lot. A statement will be sent out to each delinquent member reflecting these charges and the new unpaid balance. These past due charges (statement prep fee and 6% per annum interest) will subsequently be charged on a monthly basis, based on any late/unpaid amount existing at the end of each month, until all past due
e past due charges (statement prep fee and 6% per annum interest) will subsequently be charged on a monthly basis, based on any late/unpaid amount existing at the end of each month, until all past due balances have been paid. These past due charges will not be removed from member's account, until paid in-full or approved by a majority vote of the PLPOA Board of Directors.
Step 2-At the end of a month in which any assessment is late beyond 30 days past due, a written notice will be sent to the owner's mailing address by certified mail, return receipt requested. The letter will (A) describe the failure of payment and that this is the reason the Owner's lake use privileges will be suspended. The notice will (B) identify the amount due to the Association at that date and also state the intent of the Association to levy a fine of in the amount of 6% per annum as late charges calculated from the date at the end of the ten (10) day grace period after the due date reflected on the initial notice of assessment that was first not paid in full. The letter will also inform the owner of (C) the owners entitlement to a 30-day period to cure the situation and avoid the fine and suspension (other than the monthly $15 processing fees), unless the owner was given notice and this 30-day period to cure a delinquent payment within the preceding six months. This notice will also inform the owner of the right to request a hearing, under section 209.007 of Texas Property Code, to take place on or before the 30th day after the date the owner received this notice. The notice will also include a copy of the Association's fining policy related to the unpaid dues, which includes the following elements.
re the 30th day after the date the owner received this notice. The notice will also include a copy of the Association's fining policy related to the unpaid dues, which includes the following elements.
In the case this is a repeat failure of payment, for which the lot owner has been duly notified, as stated above, within the preceding six months, there is no requirement by State statute for the POA to entitle the property owner a reasonable period to cure the violation and avoid the fine and/or suspension of rights.
Step 3 - At a date 40 days after the notice was received by the owner, another notice will be sent the owner's mailing address by certified mail, return receipt requested. This notice will include all calculated fines to date, and a second copy of the fining policy Step 4-At the end of any month in which any assessment is late beyond 120 days past due and the unpaid balance of the member's account is greater than $850, the Princeton Lakes Property Owner's Association will begin the process of filing a fien against the member's property. The intent of such lien is to halt the process of selling said property unti all payments due to the Association have been paid.
Unatic Section 2. Default and Termination of Membership. When any Member of any class shall be in default in the payment of dues or assessments or in complying with the restrictions and provisions of the Declaration or the rules and Regulations, such member's lake use privileges may be suspended until the member has cured all defaults.
Section 3. Neighborhood Rules Violation(s) Policy of Action. When any Member of any class shall be in non-compliance with the restrictions and provisions of the Declaration or the rules and regulations governing Lot
hborhood Rules Violation(s) Policy of Action. When any Member of any class shall be in non-compliance with the restrictions and provisions of the Declaration or the rules and regulations governing Lot Owners within the Princeton Lakes Property Owner's Association, the following set of actions will be set into motion by the Board of Directors: Step 1 (Day 1) - Initial contact will be made with the property owner informing them of the problem on their lot and requesting for a plan of action with 10 days.
Step 2 (Day 11) - If no action has been taken to remedy the addressed issue, and no response to the initial contact and request for plan of action has been received by the Board, a written notice will be sent to the owner's mailing address by certified mail, return receipt requested. The letter will (A) describe the issue of PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 7 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 11 of 54 non-compliance and that this is the reason the Owner's lake use privileges will be suspended. The notice will (B repeat the request for a plan of action, and also state the intent of the Association to levy a fine of $100 if the identified non-compliance is not brought into compliance. The letter will also inform the owner of (C) the owner's entitlement to a 30-day period to cure the situation and avoid the fine and suspension, unless the owner was given notice and this 30-day period to cure a delinquent payment within the preceding six months.
This notice will also inform the owner of the right to request a hearing, under section 209.007 of Texas Property Code, to take place on or before the 30th day after the date the owner received this notice. The
e will also inform the owner of the right to request a hearing, under section 209.007 of Texas Property Code, to take place on or before the 30th day after the date the owner received this notice. The notice will also include a copy of the Association's fining policy related to neighborhood rules violations, which includes the following elements.
In the case this is a repeat rules violation for a similar violation, for which the property owner has been duly notified, as stated above, within the preceding six months, there is no requirement by State statute for the POA to entitle the property owner a reasonable period to cure the violation and avoid the fine and/or suspension of rights.
Step 3 At a date 40 days after the notice was received by the owner, if the noncompliance issue has not been remedied another notice will be sent the owner's mailing address certified mail return receipt requested. This notice will include a second copy of the fining policy, along with an invoice for the $100 fine imposed on the property owner.
Step 4 - 10 days after the property owner received the second letter, if no response to the second certified letter has been received by the Board, a third certified letter will be sent and an additional $250 fine will be imposed. ($350 total fine). The same process will be followed as in step 3 (above) official Step 5-10 days after the property owner received the third letter, if no response to the third certified letter has been received by the Board, a fourth and final certified letter will be sent, assessing an additional $500 fine.
($850 total fine) The same reminder of policy will be attached to this letter, along with a notice of intent to file a lien on the property if the issue is not resolved and the fines paid within the next 15 days.
fine) The same reminder of policy will be attached to this letter, along with a notice of intent to file a lien on the property if the issue is not resolved and the fines paid within the next 15 days.
Step 615 days after the property owner received the fourth letter, if there is still no acceptable response or action taken at this time, the Association will file a lien against property and possibly take action to correct the problem at an expense to be billed to the lot owner. The intent of the lien is to halt the process of selling said property until appropriate actions have been made to correct the non-compliance issues and all payments due to the Association have been paid.
ARTICLE XIV OTHER TRANSACTIONS Section 1. No contract on other transaction between the Association and one or more of its directors, officers, or Members or between the Association and another corporation, partnership, joint venture, trust or other enterprise of which one or more of the Association's directors, officers, or Members are security holders, members, officers, directors, or employees or in which they are otherwise interested, will be invalid solely because of this relationship or because of the presence of such director, officer, or Member at any meeting authorizing the contract or transaction or his or her participation or vote in the meeting or authorization.
ARTICLE XV AMENDMENTS Section 1. These Bylaws may be amended or repealed by the affirmative vote of a majority of the directors at any regular meeting of the directors or at any special meeting of the directors if notice of the proposed amendment or repeal is contained in the notice of such regular or special meeting.
PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 8 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 12 of 54
the proposed amendment or repeal is contained in the notice of such regular or special meeting.
PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 8 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 12 of 54 ARTICLE XVI FISCAL YEAR Section 1. The fiscal year of the Association will begin on the first day of January of each year.
Section 1. Types of Membership.
ARTICLE XVII COMMUNITY & LAKE USE RULES • Water Access Lot Owners: The 59 waterfront lots.
• Park Access Lot Owners: All off-water lots as well as any properties, which may now or in the future be annexed into or become part of the Princeton Lakes community.
Section 2. Shoreline Maintenance • The maintenance of all common area shorelines will be paid from the general fund supported by members' quarterly dues.
Official • The maintenance of shorelines on private lots will be paid by the lot owner. Each lot owner whose shoreline has become in need of repair (as identified by the office of Lake Operations) will be contacted with the proposed solution and cost to the member, Lake Operations will assist in the coordination of repairs to multiple lots in an effort to reduce costs and provide a service to lot owners.
• Members may make their own repairs with the approval of the Board of Directors.
Section 3. "Water Access Lot" Owners Lake Use Privileges" • "Water Access Lot" owners and their qualified guests are permitted to use the lakes for any and all water sport and lake use activities.
Only the Master & Supplemental Declarations, the Bylaws and/or the Board of Directors may limit these activities.
Section 4. " Park Access Lot " Owners Lake Use Privileges."
• "Park Access Lot" owners are permitted to use the lakes for non-motorboat related activities (swimming,
ectors may limit these activities.
Section 4. " Park Access Lot " Owners Lake Use Privileges."
• "Park Access Lot" owners are permitted to use the lakes for non-motorboat related activities (swimming, fishing, paddle boating, windsurfing etc.), consistent with the Supplemental Declaration, without being accompanied by a "Water Access Lot" owner, and such activities are subordinate to ski related activities.
"Park Access Lot" owners water skiing privileges are limited to those available under the Guest Privileges (Section 4) of the Association as specified herein, consistent with the Master Declaration, and must be accompanied by a "Water Access Lot" owner at all times of lake usage for the purposes of water skiing activities.
(The above is intended to clarify Article 1, Section 19 “Park Access Lots" in our CC&R document) Section 5. Boat Requirements.
• Each Water Access Lot" owner may only have one boat on the water at any time, (except for prior written approval granted by a majority vote of the Board of Directors).
• Inboard/Outboard powered boats are expressly prohibited.
Written approval by the Board of Directors is required for any boat not meeting the following criteria: PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 9 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 13 of 54 Page 10 of 12 1 1 • • The Board of Directors may further limit individual guest visits during peak times.
• A sponsoring "Water Access Lot" owner must accompany guests, in the boat at all times.
• • • 1. Outboard powered boats will be limited to those approved by the USA Waterski Association for barefoot tournament use.
2. All inboard powered boats will be designed as tournament style towboats for the various watersport
ats will be limited to those approved by the USA Waterski Association for barefoot tournament use.
2. All inboard powered boats will be designed as tournament style towboats for the various watersport disciplines of the USA Waterski Association and must not exceed EITHER of the following criteria: 。 Length of 22 feet.
。 Dry weight of 3500 pounds.
Other powered watercraft, (including jet skis and personal watercrafts) must have a special daily use permit issued by a majority vote of the Board of Directors prior to use on the lakes.
The Princeton Lakes Property Owners Association, Inc. requires $100,000 Minimum Liability Insurance Policy on all watercraft to be operated or moored at or on Princeton Lakes.
Section 6. Guest Privileges.
• .
All lot owners assume all responsibilities for their guests.
No guest shall be permitted more than four days of skiing or lake related skiing activities per calendar month, regardless of sponsors.
Out-of-town visiting houseguests of "Water Access Lot" owners are exempt from the 4 times a month rule for up to two consecutive weeks in any calendar year.
.
• Guests may not operate a boat unless the sponsoring "Water Access Lot" owner is in the boat or skiing with/behind the boat. Guests who bring their own boat must meet all rules and restrictions that apply to "Water Access Lot" owners and must obtain prior approval by the Board No more than three guests shall be permitted to use the lakes for skling related activities at the same time.
"Water Access Lot" owners desiring more than three guests at the same time must obtain advanced approval from the board.
"Water Access Lot" owners are the only Members permitted to extend guest privileges for skiing related activities.
Section 7. Hazardous Areas.
•
same time must obtain advanced approval from the board.
"Water Access Lot" owners are the only Members permitted to extend guest privileges for skiing related activities.
Section 7. Hazardous Areas.
• At no time shall anyone play on or in the hazardous areas including the ski jump, boat launch ramp, lake 3 waterfall area, Lake 2-3 tunnel or any drainage area.
Section 8. Skier Rotations.
• .
Rotations shall be limited to 12 minutes when another "Water Access Lot" owner is waiting at the designated waiting area of each lake, The next rotation period shall begin when the previous skier has exited the lake.
Upon expiration of the skier's rotation, the skier using the lake must either return to the waiting dock or otherwise be out of the way at the end of the 12 minutes.
When one or more boats desire to use a lake, they shall alternate such that each boat secures one rotation, in a prompt and orderly manner.
• The boat next in rotation needs to be waiting at the waiting dock and should have its skier ready to go, (handle, vest, gloves, ski, etc. on), when the skier ahead completes his/her rotation and clears the course.
Section 9. Lake Rental of Reservation Policy.
• Princeton Lakes Property Owners Association, Inc. (PLPOA, Inc.) prohibits any member or entity from reserving or restricting the use of any common areas, including parks and lakes, from activities that restrict any PLROA, Inc. member from use, with the exception to ski events (maximum of six (6) per calendar year).
Ski tournaments shall be open to all members in good standing with the Association, without exclusion, on a "first-come, first-serve" basis and in accordance with registration limitations established by each tournament.
• nofficial PLPOA Bylaws V6.25b Adopted 06-28-2022 LIGNALINOM strictation
xclusion, on a "first-come, first-serve" basis and in accordance with registration limitations established by each tournament.
• nofficial PLPOA Bylaws V6.25b Adopted 06-28-2022 LIGNALINOM strictation 2023 - 2023000060987 06/02/2023 11:14 AM Page 14 of 54 Section 10. Safety First.
.
All jumpers are required to wear USA Waterski Association approved safety gear. (Jump shorts, helmet, padded jumpsuit or vest).
Slalom skiers must wear a ski vest for impact protection.
All skiers, drivers, and other persons using the lake shall act in a sportsman like manner at all times.
The PLPOA does not condone the use of alcohol or drugs while using the lakes.
Dangerous acts of any kind are prohibited, (this includes transferring between lakes at a speed greater than an idle at any time).
Boats may not have more people or be weighted beyond the USCG weight rating or manufactures recommended carrying capacity of the boat.
Section 11. Trailers.
• After launching a boat, tow vehicle and trailer shall be immediately removed from the launch camp to allow use by other lot owners and their guests.
• • Do not block the boat ramp or launching area.
Tow vehicles and/or trailers are not permitted to be parked on the "Common Areas", nor shall they be parked in such a manner or location that obstructs access to any lot owner's property.
Section 12. Boat Operations.
The canals connecting lakes are "No Wake" Zones Lake to lake skiing is not permitted.
nofficial No Skiing under the bridge.
In order to operate a boat on the lakes, all boat drivers must be at least 15 years of age, if not accompanied by an adult, as well as competent and trained in the navigation and hazards of the lakes.
Section 13. Parking (clarifying Article II Section 17 of CC&R Supplementals)
years of age, if not accompanied by an adult, as well as competent and trained in the navigation and hazards of the lakes.
Section 13. Parking (clarifying Article II Section 17 of CC&R Supplementals) • Temporary parking is defined as up to 72 hours. Beyond Section 14. Lake Use Risk.
• Persons using the lake do so at their own risk.
Section 15. Repairs.
• hours is defined as-parking/storage.
Repairs to buoys, magnets, or other course items must be made at the time of-damage.
Supplies to make such repairs are located on the waiting dock for each lake.
Section 16. Leasing of Ski Rights Beginning January 1, 2015, lease agreements for non-residents will not be considered executed-and approved by the Board of Directors until an annual, non-refundable $2500.00 fee is paid. This fee will be required for each lease, whether new or an addendum. Please refer to the CC&R's for more details on leasing requirements and/or view the document on the PLPOA website (Leasing Requirements_v1.3.doc).
Note that if an entire property is leased, the fee does not apply as long as the owner notifies the Board of Directors that they are assigning their ski rights to the lessee.
Section 17. Lot Irrigation PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 11 of 12 2023 - 2023000060987 06/02/2023 11:14 AM Page 15 of 54 • The PLPOA allows the privilege of lot owner operated irrigation pumps for the purpose of drawing water from the lake for irrigational purposes.
• The PLPOA Board may revoke this privilege for any or all lot owners at any time.
• The PLPOA Board will consider the following with regards to revoking pumping privileges: 1. Lake Levels 2. Time of Year 3. Evaporation Rates 4. Lot Owners Status (account balance, compliance issues) 5. Functionality of our Well Pump
e following with regards to revoking pumping privileges: 1. Lake Levels 2. Time of Year 3. Evaporation Rates 4. Lot Owners Status (account balance, compliance issues) 5. Functionality of our Well Pump 6. Physical number of operating irrigation pumps .
All pump irrigation must take place between dusk and dawn.
ARTICLE XVIII SEAL Section 1. The seal of the Corporation will be in such form as will be adopted and approved from time to time by the directors. Such seal need not be affixed to or impressed upon any instrument or document in order for such instrument or document to be binding upon or to be considered to be the act of the Association Shelley Price PLPOA Secretary Unofficial PLPOA Bylaws V6.25b Adopted 06-28-2022 Page 12 of 12 2023 2023000060987 06/02/2023 11:14 AM Page 16 of 54 FIRST AMENDMENT TO THE BYLAWS OF PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
STATE OF TEXAS COUNTY OF COLLIN cos esseos § KNOW ALL MEN BY THESE PRESENTS: This FIRST AMENDMENT TO THE BYLAWS OF PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC. (this "First Amendment") is adopted by the Board of Directors of PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC., a Texas nonprofit corporation (the "Association"), as of May 2023.
WITNESSETH: fficial WHEREAS, the Association is the property owners' association created to manage or regulate the planned unit development subject to the Declaration of Covenants, Conditions and Restrictions for Princeton Lakes, recorded on or about March 25, 2000, at Volume 4634, Page 344 et seq. as Document No. 20000328000295820 of the Real Property Records of Collin County, Texas (the "Declaration"); and WHEREAS, the Bylaws of Princeton Lakes Property Owners Association, Inc. were
44 et seq. as Document No. 20000328000295820 of the Real Property Records of Collin County, Texas (the "Declaration"); and WHEREAS, the Bylaws of Princeton Lakes Property Owners Association, Inc. were adopted by the Board of Directors of the Association on or about June 20, 2020 (the "Bylaws"); and WHEREAS, Article XV of the Bylaws provides that the Bylaws may be amended or repealed by the affirmative vote of a majority of the directors at any regular meeting of the directors or at any special meeting of the directors if notice of the proposed amendment or repeal is contained in the notice of such regular or special meeting; and WHEREAS, at a meeting of the Board of Directors held on April 17, 2023, the following antendments to the Bylaws were approved by the affirmative vote of a majority of the directors.
NOW, THEREFORE the Bylaws are amended as follows: 1. Article III, Section 4 of the Bylaws is deleted in its entirety and replaced with the following: Section 4. Electronic Meetings; Action Without a Meeting. The Board may conduct Board meetings by electronic or telephonic means provided that: (1) each director may hear and be heard by every other director; (2) except for any portion of the meeting conducted in executive session, all owners in attendance at the meeting may hear all directors and owners are allowed to listen using any electronic or telephonic communication method used or expected to be used by the directors to participate; and (3) the notice of the meeting includes instructions for owners to access any communication method required to participate. Except as FIRST AMENDMENT TO THE BYLAWS - Page 2023 2023000060987 06/02/2023 11:14 AM Page 17 of 54 follows: provided below, the Board may take action outside of a meeting, including voting
rticipate. Except as FIRST AMENDMENT TO THE BYLAWS - Page 2023 2023000060987 06/02/2023 11:14 AM Page 17 of 54 follows: provided below, the Board may take action outside of a meeting, including voting by electronic or telephonic means, without prior notice to owners, if each director is given a reasonable opportunity to express the director's opinion to all other directors and to vote. Any action taken without notice to owners must be summarized orally, including an explanation of any known actual or estimated expenditures approved at the meeting, and documented in the minutes of the next regular or special Board meeting. However, unless done at a Board meeting which is open to the owners and for which the owners were given prior notice, the Board may not consider or vote on: (1) fines; (2) damage assessments; (3) initiation of foreclosure actions; (4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety; (5) increases in assessments; (6) levying of special assessments; (7) appeals from a denial of architectural control approval; (8) a suspension of a right of a particular owner before the owner has an opportunity to attend a Board meeting to present ther owner's position, including any defense, on the issue; (9) lending or borrowing money; (10) the adoption or amendment of a dedicatory instruments (11) the approval of an annual budget or the approval of an amendment of an annual budget; (12) the sale or purchase of real property; (13) the filling of a vacancy on the Board; (14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or (15) the election of an officer.
2.
ffici
a vacancy on the Board; (14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or (15) the election of an officer.
2.
ffici Article III of the Bylaws is amended to add a new Section 6 thereto to state as Section 6. Board Meetings Open to Members. Regular and special meetings of the Board shall be open to owners, subject to the right of the Board to adjourn a Board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners' association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the Board. Members shall be given notice of the date, hour, place, and general subject of a regular or special Board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be: (1) mailed to each Member not later than the 10th day or earlier than the 60th day before the date of the meeting; or (2) provided at least 144 hours before the start of a regular Board meeting and at least 72 hours before the start of a special board meeting by: (A) posting the notice in a conspicuous manner reasonably designed to provide notice to the Members on the Association's Common Area or on the Association's website; and FIRST AMENDMENT TO THE BYLAWS - Page 2023 2023000060987 06/02/2023 11:14 AM Page 18 of 54 3.
the following: (B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.
NT TO THE BYLAWS - Page 2023 2023000060987 06/02/2023 11:14 AM Page 18 of 54 3.
the following: (B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.
Article VIII, Section 2 of the Bylaws is deleted in its entirety and replaced with Section 2. Special Meetings. Special meetings of the Members may be called by the President of the Association or by not less than one-tenth (1/10th) of the Members.
4. Article VIII, Section 5 of the Bylaws is deleted in its entirety and replaced with the following: Section 5. Quorum. The presence, in person, by proxy, or by absentee/electronic ballot, of Members of the Association holding at least twenty percent (20%) of the votes which are eligible to be cast at any meeting of the Association will constitute a quorum at such meeting. If a quorum is not present in person, by proxy, or by absentee/electronic ballot at any meeting of such Members, the Members present who are eligible to vote shall adjourn the meeting from time to time without further notice.
5.
the following: Kie Article VIII, Section 6 of the Bylaws is deleted in its entirety and replaced with Section 6. Proxies; Ballots. At any meeting of Members, a Member may vote in person, by proxy, or by absentee/electronic ballot. Proxies must be executed in writing by the Member or by the Member's duly authorized attorney-in-fact. No proxy will be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy.
6.
7.
the following Article X of the Bylaws is deleted in its entirety.
Article XIV Section 1 of the Bylaws is deleted in its entirety and replaced with Section 1. The Association may enter into an enforceable contract with a current
the Bylaws is deleted in its entirety.
Article XIV Section 1 of the Bylaws is deleted in its entirety and replaced with Section 1. The Association may enter into an enforceable contract with a current director, a relative of a current director within the third degree by consanguinity or affinity ( as determined under Chapter 573, Texas Government Code), a company in which a current director has a financial interest in at least 51 percent of profits, or a company in which a relative of a current director if the Association meets all conditions of Section 209.0052 of the Texas Property Code.
8. In the event of a conflict between this First Amendment and any other provision of the Bylaws, this First Amendment shall control.
9.
force and effect.
Except as amended by this First Amendment, the Bylaws shall remain in full FIRST AMENDMENT TO THE BYLAWS - Page 2023 - 2023000060987 06/02/2023 11:14 AM Page 19 of 54 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on the 9th day of may , 2023.
PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC., A Texas nonprofit corporation STATE OF TEXAS COUNTY OF COLLIN By: Name: Jamie Mccarthy Title: Vice Presidents ACKNOWLEDGMENT cos cos cos This instrument was acknowledged before me on by Jamie McCarthy, the Vice president of Princeton Lakes Property Owners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation, on the Unofficial M STACY NOTA May во Notary Public, State of Texas My Commission Expires: 08-11-2026 2023.
FIRST AMENDMENT TO THE BYLAWS - Page in 2023 2023000060987 06/02/2023 11:14 AM Page 20 of 54 PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
DOCUMENT INSPECTION AND COPYING POLICY WHEREAS, pursuant to Section 209.005(i) of the Texas Property Code, the Board of
02/2023 11:14 AM Page 20 of 54 PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
DOCUMENT INSPECTION AND COPYING POLICY WHEREAS, pursuant to Section 209.005(i) of the Texas Property Code, the Board of Directors of Princeton Lakes Property Owners Association, Inc. (the "Association") is required to adopt a records production and copying policy that prescribes the costs the Association will charge for the compilation, production and reproduction of the Association's books and records.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following procedures and practices are established for the compilation, production and reproduction of the Association's books and records, and the same are to be known as the "Document Inspection and Copying Policy" of the Association (hereinafter the "Policy").
1.
ja Purpose. The purpose of this Policy is to establish orderly procedures for the levying of fees and to notify owners of the costs to be incurred associated with the compilation, production and reproduction of the Association's books and records in response to an owner's request to inspect the Association's records.
2.
Records Defined. The Association's books and records available for inspection and copying by owners are those records designated by Section 209.005 of the Texas Property Code. Pursuant to Section 209.005(d) of the Texas Property Code, an attorney's files relating to the Association, excluding invoices, are not records of the Association, are not subject to inspection by owners, or production in a legal proceeding. Further, pursuant to Section 209.005(k), the Association is not required to release or allow inspection of any books and
, are not subject to inspection by owners, or production in a legal proceeding. Further, pursuant to Section 209.005(k), the Association is not required to release or allow inspection of any books and records relating to an employee of the Association, including personnel files, or any books and records that identify the violation history of an individual owner, an owner's financial information, including records of payment or nonpayment of amounts due the Association, an owner's contact information (other than the owner's address) absent the express written approval of the owner whose information is the subject of the request or a court order requiring disclosure of such information.
3.
Individuals Authorized to Inspect Association's Records. Every owner of a lot in the Association is entitled to inspect and copy the Association's books and records in compliance with the procedures set forth in this Policy. An owner may submit a designation in writing, signed by the owner, specifying such other individuals who are authorized to inspect the Association's books and records as the owner's agent, attorney, or certified public accountant.
The owner and/or the owner's designated representative are referred to herein as the "Requesting Party."
4. Requests for Inspection or Copying. The Requesting Party seeking to inspect or copy the Association's books and records must submit a written request via certified mail to the Association at the mailing address of the Association or its managing agent as reflected on the Association's current management certificate. This address is subject to change upon notice to the owners, but the Association's current mailing address as of the adoption of this policy is: DOCUMENT INSPECTION AND COPYING POLICY - Page
tificate. This address is subject to change upon notice to the owners, but the Association's current mailing address as of the adoption of this policy is: DOCUMENT INSPECTION AND COPYING POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 21 of 54 Princeton Lakes Property Owners Association, Inc.
P.O. Box 1116 Princeton, TX 75407 The request must contain sufficient detail describing the requested Association's books and records, including pertinent dates, time periods or subjects sought to be inspected. The request must also specify whether the Requesting Party seeks to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records to the Requesting Party.
5.
Inspection Response. If the Requesting Party elects to inspect the Association books and records, the Association shall notify the Requesting Party within ten (10) business days after receiving the Requesting Party's request of the dates during normal business hours that the Requesting Party may inspect the requested books and records (the Inspection Notite"), or upon receipt of the owner's payment of the estimated cost of production if the Association elects to require payment in advance as discussed in Subsection 8 below. If the Requesting Party elects to receive copies of the Association's books and records, the Association shall produce the requested books and records within ten (10) business days after receiving the Requesting Party's request, or upon receipt of the owner's payment of the estimated cost of production if the Association elects to require payment in advance as discussed in Subsection 8 below.
If the Association is unable to produce the requested books and records by the 10th business day
production if the Association elects to require payment in advance as discussed in Subsection 8 below.
If the Association is unable to produce the requested books and records by the 10th business day after the date the Association receives the request, the Association must provide written notice to the Requesting Party (the "Inspection Delay Letter") that (1) the Association is unable to produce the information by the 10th business day after the date the Association received the request, and (2) state a date by which the information will be either sent or available for inspection that is not later than fifteen (15) days after the date of the Inspection Delay Letter.
6. Inspection Procedure. Any inspection shall take place at a mutually-agreed upon time during normal business hours. All inspections shall take place at the office of the Association's management company or such other location as the Association designates. No Requesting Party or other individual shall remove original records from the location where the inspection is taking place, nor alter the records in any way. All individuals inspecting or requesting copies of records shall conduct themselves in a businesslike manner and shall not interfere with the operation of the Association's or management company's office or the operation of any other office where the inspection or copying is taking place.
At such inspection, the Requesting Party may identify such books and records for the Association to copy and forward to the Requesting Party. The Association may produce all requested books and records in hard copy, electronic, or other format reasonably available to the Association.
7. Costs Associated with Compilation, Production and Reproduction. The costs
produce all requested books and records in hard copy, electronic, or other format reasonably available to the Association.
7. Costs Associated with Compilation, Production and Reproduction. The costs associated with compiling, producing and reproducing the Association's books and records in response to a request to inspect or copy documents shall be as follows: DOCUMENT INSPECTION AND COPYING POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 22 of 54 (a) Copy charges.
(1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $0.10 per page or part of a page. Each side that contains recorded information is considered a page.
(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette--$ 1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost; (D) Tape cartridge--actual cost; (E) Rewritable CD (CD-RW)--$ 1.00; (F) Non-rewritable CD (CDR) $ 1.00 (G) Digital video disc nofficial (H) JAZ drive--actual cost; (I) Other electronic media actual cost; (J) VHS video cassette--$250; (K) Audio cassette--$ 1.00 (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper) -$0.50; (M) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic actual cost.
(b) Labor charge for locating, compiling, manipulating data, and reproducing information.
(1) The charge for labor costs incurred in processing a request for information is $15.00 an hour. The labor charge includes the actual time to
mpiling, manipulating data, and reproducing information.
(1) The charge for labor costs incurred in processing a request for information is $15.00 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.
(2) When confidential information is mixed with non-confidential information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the information. A labor charge shall not be made for redacting confidential information for requests of fifty (50) or fewer pages.
DOCUMENT INSPECTION AND COPYING POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 23 of 54 (3) If the charge for providing a copy of information includes costs of labor, the Requesting Party may require that the Association provide a written statement as to the amount of time that was required to produce and provide the copy, signed by an officer of the Association. A charge may not be imposed for providing the written statement to the requestor.
(c) Overhead charge.
(1) Whenever any labor charge is applicable to a request, the Association may include in the charges direct and indirect costs, in addition to the specific labor charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. If the Association chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges
ragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges (2) An overhead charge shall not be made for requests for copies of fifty (50) or fewer pages of standard paper records.
(3) The overhead charge shall be computed at twenty percent (20%) of the charge made to cover any labor costs associated with a particular request (example: if one hour of labor is used for a particular request, the formula would be as follows: Labor charge for locating, compiling, and reproducing, $15.00 x .20 = $3.00) (d) Postal and shipping charges. The Association may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the Requesting Party.
8.
ดัง Payment. Upon receipt of a request to inspect and/or copy documents, the Association may require the Requesting Party to pay the estimated costs associated with production and copying in advance. If the estimated cost of compilation, production and reproduction is different from the actual cost, the Association shall submit a final invoice to the owner on or before the 30th business day after the Association has produced and/or delivered the requested information If the actual cost is greater than the estimated amount, the owner must pay the difference the Association within thirty (30) business days after the date the invoice is sent to the owner, or the Association will add such additional charges as an assessment against the owner's property in the Association. If the actual cost is less than the estimated amount, the Association shall issue a refund to the owner within thirty (30) business days after the date the invoice is sent to the owner.
9.
ssociation. If the actual cost is less than the estimated amount, the Association shall issue a refund to the owner within thirty (30) business days after the date the invoice is sent to the owner.
9.
Definitions. The definitions contained in the governing documents are hereby incorporated herein by reference.
DOCUMENT INSPECTION AND COPYING POLICY - Page 2023 - 2023000060987 06/02/2023 11:14 AM Page 24 of 54 IT IS FURTHER RESOLVED that this Document Inspection and Copying Policy is effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on and has not been modified, rescinded or revoked.
DATE: : 5/3/2023 April 17, 2023 Shelley Prid Secretary Unofficia DOCUMENT INSPECTION AND COPYING POLICY - Page G 2023 2023000060987 06/02/2023 11:14 AM Page 25 of 54 E.
MEENING MINUTES Minutes of Annual and Special Meetings of the Members, minutes of Board meetings, and minutes of committee meetings (if any) C. RECORDS OF OWNERS' ACCOUNTS Owners' account records, including assessment account ledgers, architectural review records, violation records, records of fines and any disputes from the owner D.
CONTRACTS Copies of the final, executed contracts with a term of 1 year or more entered into by the Association (and any related correspondence, including any proposal that resulted in the contract and all other supportive documentation) 4 years after expiration or termination B. FINANCIAL RECORDS Financial records, including each year's budget, tax returns, audits of the Association's financial books and records, copies of all bills paid by the Association or to be paid, the Association's checkbooks and check registers A.
each year's budget, tax returns, audits of the Association's financial books and records, copies of all bills paid by the Association or to be paid, the Association's checkbooks and check registers A.
APPENDIX A - RECORD RETENTION SCHEDULE GOVERNING DOCUMENTS Any certificates of formation, bylaws, dedicatory instruments, and all amendments to the certificates of formation, bylaws, and dedicatory instruments Permanently Inofficial 7 years F.
TAX RETURNS AND AUDIT RECORDS All tax returns and audit records for the Association 7 years DOCUMENT RETENTION POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 26 of 54 PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY WHEREAS, pursuant to Section 209.005(m) of the Texas Property Code, the Board of Directors of Princeton Lakes Property Owners Association, Inc. (the "Association") is required to adopt a document retention policy for the Association's books and records.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following procedures and practices are established for the maintenance and retention of the Association's books, records and related documents, and the same are to be known as the "Document Retention Policy" of the Association.
1. Purpose. The purpose of this Document Retention Policy is to ensure that the necessary records and documents of the Association are adequately protected and maintained.
2.
cial Administration. The Association is in charge of the administration of this Document Retention Policy and the implementation of processes and procedures to ensure that the Records Retention Schedule attached as Exhibit A is followed. The Board is authorized to
tration of this Document Retention Policy and the implementation of processes and procedures to ensure that the Records Retention Schedule attached as Exhibit A is followed. The Board is authorized to make modifications to this Records Retention Schedule from time to time to ensure that it is in compliance with local, state and federal laws and that the schedule includes the appropriate document and record categories for the Association.
3. Suspension of Record Disposal in Event of Litigation or Claims. In the event the Association is served with any subpoena of request for documents or the Association becomes aware of a governmental investigation or audit concerning the Association or the commencement of any litigation against or concerning the Association, all documents relating or pertaining to such investigation, claim or litigation shall be retained indefinitely, and any further disposal of documents shall be suspended and shall not be reinstated until conclusion of the investigation or lawsuit, or until such time as the Board, with the advice of legal counsel, determines otherwise.
4.
Applicability. This Document Retention Policy applies to all physical records generated in the course of the Association's operation, including both original documents and reproductions. It also applies to electronic copies of documents. Any electronic files that fall under the scope of one of the document types on the Records Retention Schedule below will be maintained for the appropriate amount of time. Documents that are not listed on Exhibit “A”, but are substantially similar to those listed in the Records Retention Schedule, should be retained for a similar length of time.
This policy shall supersede and replace any previously adopted policy to the extent that
lly similar to those listed in the Records Retention Schedule, should be retained for a similar length of time.
This policy shall supersede and replace any previously adopted policy to the extent that the terms of such policy are inconsistent with this policy.
DOCUMENT RETENTION POLICY - Page A man was correction we 2023 2023000060987 06/02/2023 11:14 AM Page 27 of 54 IT IS FURTHER RESOLVED that this Document Retention Policy is effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on and has not been modified, rescinded or revoked.
DATE: 5/3/2023 April 17, 2023 Secretary Price Unofficia DOCUMENT RETENTION POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 28 of 54 PRINCETON LAKES PROPERTY OWNERS ASSOCIATION, INC.
ALTERNATIVE PAYMENT PLAN POLICY WHEREAS, pursuant to Section 209.0062 of the Texas Property Code, the Board of Directors of Princeton Lakes Property Owners Association, Inc. (the "Association") is required to adopt reasonable guidelines regarding an alternate payment schedule in which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association.
NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act that the following guidelines and procedures are established for the establishment of an alternate payment schedule, and the same are to be known as the "Alternate Payment Plan Policy of the Association (hereinafter the "Policy").
1. Purpose. The purpose of this Policy is to assist Owners in remedying
ment schedule, and the same are to be known as the "Alternate Payment Plan Policy of the Association (hereinafter the "Policy").
1. Purpose. The purpose of this Policy is to assist Owners in remedying delinquencies and remaining current on the payment of amounts owed to the Association by establishing orderly procedures by which Owners may make partial payments to the Association for amounts owed without accruing additional penalties 2. Eligibility. To be eligible for a payment plan pursuant to the Association's alternate payment plan schedule, an Owner must meet the following criteria: Unofficial a) b) c) The owner must currently be delinquent in the payment of regular assessments, special assessments, or any other amounts owed to the Association; The Owner must not have defaulted on a prior payment plan within the prior two year period, and The Owner must submit a signed payment plan as defined below, along with the Owner's initial payment to the address designated by the Association for correspondence.
3. Payment Plan Schedule/Guidelines. The Association hereby adopts the following alternate payment guidelines and makes the following payment plan schedule available to owners in order to make partial payments for delinquent amounts owed: Requirements of Payment Plan Request. Within 30 days of the date of the initial letter which informs the owner of the availability of a payment plan, an owner must submit a signed acceptance of the payment plan schedule described below to the Association.
ALTERNATE PAYMENT PLAN POLICY - Page 2023 - 2023000060987 06/02/2023 11:14 AM Page 29 of 54 b) Term. The term of the payment plan or schedule is [TERM] months and the Owner must make an initial payment of ten percent (10%) of the total amount
- 2023000060987 06/02/2023 11:14 AM Page 29 of 54 b) Term. The term of the payment plan or schedule is [TERM] months and the Owner must make an initial payment of ten percent (10%) of the total amount owed and remaining payments in equal monthly installments.
c) Date of Partial Payments under Plan. The Owner must submit the first monthly installment payment under the plan contemporaneously with submission of the Owner's payment plan agreement which must be signed by the Owner. The Owner must make all additional monthly installments under the payment plan so that the payments are received by the Association no later than the first (1st) day of each month. The Owner may pay off, in full, the balance under the payment plan at any time. All payments must be received by the Association at the Association's designated mailing address or lock box for all payments. Payment may be made through auto draft bill payment, in check or certified funds or by credit card (to the extent the Association is set up to receive payment by credit card).
ficial d) Correspondence. Any correspondence to the Association regarding the amount owed, the payment plan, or such similar correspondence must be sent to the address designated by the Association for correspondence. Such correspondence shall not be included with an Owner's payment.
e) Amounts Coming Due During Plan Owners are responsible for remaining current on all assessments and other charges coming due during the duration of the Owner's payment plan and must, therefore, timely submit payment to the Association for any amounts coming due during the duration of the Owner's payment plan.
f) Additional Charges. An Owner's balance owed to the Association shall not
refore, timely submit payment to the Association for any amounts coming due during the duration of the Owner's payment plan.
f) Additional Charges. An Owner's balance owed to the Association shall not accrue late fees or other monetary penalties (except interest) while such Owner is in compliance with payment plan under the Association's alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest on the unpaid balance, calculated at the highest rate allowed by the governing documents or by law. The costs of administering the plan and interest shall be included in calculating the total amount owed under the payment plan and will be included in the payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly monitoring fee of no less than $5.00 per month.
Other Payment Arrangements. At the discretion of the Board of Directors, and only for good cause demonstrated by an owner, the Association may accept payment arrangements offered by owners which are different from the above-cited guidelines, provided that the term of payments is no less than three (3) months nor longer than eighteen (18) months. The Association's acceptance of payment arrangements that are different from the approved payment plan schedule/guidelines hereunder shall not be construed as a waiver of these ALTERNATE PAYMENT PLAN POLICY - Page 2023 2023000060987 06/02/2023 11:14 AM Page 30 of 54 4.
guidelines nor authorize an owner to be granted a payment plan which differs from the one herein provided.
Default. If an Owner fails to timely submit payment in full of any installment
4.
guidelines nor authorize an owner to be granted a payment plan which differs from the one herein provided.
Default. If an Owner fails to timely submit payment in full of any installment payment (which installment payment must include the principal owed, the administration fees assessed to the plan and interest charges), or fails to timely pay any amount coming due during the duration of the plan, the Owner will be in default. If an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. If the Association elects to provide a notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. In addition, the Owner is hereby on notice that he/she will be responsible for any and all costs, including attorney's fees, of any additional collection action which the Association pursues.
5. Board Discretion. Any Owner who is not eligible for a payment plan under the Association's alternate payment plan schedule may submit a written request to the Board for the Association to grant the Owner an alternate payment plan. Any such request must be directed to the person or entity currently handling the collection of the Owner's debt (i.e. the Association's management company or the Association's attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan will be at the sole discretion of the Association's Board of Directors.
fick al 6. Definitions. The definitions contained in the Association's governing documents are hereby incorporated herein by reference.
7. Severability and Legal Interpretation. In the event that any provision herein shall
. The definitions contained in the Association's governing documents are hereby incorporated herein by reference.
7. Severability and Legal Interpretation. In the event that any provision herein shall be determined by a court with jurisdiction to be invalid or unenforceable in any respect, such determination shall not affect the validity or enforceability of any other provision, and this Policy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satisfy the legal requirements of Section 209.0062 of the Texas Property Code. In the event that any provision of this Policy is deemed by a court with jurisdiction to be ambiguous or in contradiction with any law, this Policy and any such provision shall be interpreted in a manner that complies with an interpretation that is consistent with the law.
IT IS FURTHER RESOLVED that this Alternate Payment Plan Policy is effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.
April 17, 2023 , and has not This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on been modified, rescinded or revoked.
DATE: 5/3/2023 Shelley Price Secretary ALTERNATE PAYMENT PLAN POLICY - Page CHEN S