PROVENCE @ FIREWHEEL HOMEOWNERS ASSOCIATION, INC.
COVENANT ENFORCEMENT AND FINING POLICY WHEREAS, the Board of Directors (the “Board”) of Provence @ Firewheel Homeowners Association, Inc. (the “Association’”) finds there is a need to establish orderly procedures for the enforcement of the restrictive covenants set forth in the Declaration of Covenants, Conditions, and Restrictions for Provence @ Firewheel amended from time to time (the “Declaration”) and for the levying of fines agai violating owners.
NOW, THEREFORE, IT IS RESOLVED that the following pg practices are established for the enforcement of the restrictive comer Declaration and for the elimination of violations of such Paes P Policy”) of the Association.
ition, Use “ity or improvement laration, Bylaws of Provence @ r any rules and regulations of icy for all purposes.
1 Establishment of Violation. Any Which does not comply with the provisions of th Firewheel Homeowners Association, Inc. (the “ the Association, shall constitute a ven of a Violation will be verified by a ys delegate. For the purpose of this may include Management, an officer or ommittee established by the Board for this e prepared by the field observer for each g information: 2. Report of Violations. The Enforcement Policy, the delegaye oO member of the Board, or abe purpose. A timely Violation which will in e Lot on which the Violation exists.
Date of the verification observation and name of the person making such observation.
e same time that the field observation report is prepared, the Board of its delegate"may forward to the Owner of the Lot in question written notice via regular first-
e person making such observation.
e same time that the field observation report is prepared, the Board of its delegate"may forward to the Owner of the Lot in question written notice via regular firstclass mail or via postcard of the discovery of a Violation(s) (the “Courtesy Notice”). The Owner will have at least ten (10) days from the date of the Courtesy Notice to correct or eliminate the Violation(s). The Board or its delegate may, in lieu of this notice, proceed immediately to the notice set forth in Paragraph 3 below.
Page 1-Provence @ Firewheel Covenant Enforcement and Fining Policy 3. Notice of Violation. If the Violation is not corrected or eliminated within the time period specified in the Courtesy Notice, or if the Board or its delegate deem it appropriate to proceed without the Courtesy Notice, the Association will forward to the Owner of the Lot in question written notice of the Violation(s) by regular first-class mail or personal delivery and by certified mail, return receipt requested (the “Notice of Violation”). A Notice of Violation is not required if the alleged violator received a Notice of Violation relating to a similar Violation within six (6) months of the current Violation and was given a reasonable opportunity to cure the prior Violation. In such event, the Board may impose sanctions as authorized by the Declaration and/or Enforcement Policy without notice to the Owner other than the Final Notice of Viglatt described in Paragraph 4 below. The Notice of Violation, if required, will following: c. The proposed sanction to b posed, g the amount of any fine or the amount claimed due from the owner for property damage.
inated within a reasonable time otice of Violation that a fine will rea privileges and/or the right to vote
osed, g the amount of any fine or the amount claimed due from the owner for property damage.
inated within a reasonable time otice of Violation that a fine will rea privileges and/or the right to vote that no further action will be taken.
d. If the Violation Q after the Owner’s r On or before thirty (30) days from the receipt of ation, deliver to the Association a written request @ hearing is not made on or before thirty (30) days from the receipt of the Notice of Violation, that the sanctions delineated in the Notice of Violation may be imposed and that any attorney’s fees and costs will be charged to the Owner.
g. If a hearing is timely requested and is held before a delegate of the Board, that the Owner may appeal the decision of the delegate to the Board.
4, Final Notice of Violation. A formal notice of the Violation and the sanction to be imposed, including the amount of any fine or the amount of any property damage (the “Final Notice of Violation”) will be sent by the Association to the Owner by Page 2-Provence @ Firewheel Covenant Enforcement and Fining Policy regular first-class mail and by Certified mail, return receipt requested, where, within the time period specified in the Notice of Violation, the Violation has not been corrected or eliminated or the Association has not timely received a written request for a hearing.
5. Request for a Hearing. Ifthe Owner challenges the proposed action by timely requesting a hearing, the hearing shall be held in executive session of the Board or its delegate, unless the Owner requests an open hearing, affording the alleged violator a reasonable opportunity to be heard. Such hearing shall be held no later than the 30" day after the date the Board receives the Owner’s request for a hearing. Prior to ¢fie
rding the alleged violator a reasonable opportunity to be heard. Such hearing shall be held no later than the 30" day after the date the Board receives the Owner’s request for a hearing. Prior to ¢fie effectiveness of any sanction hereunder, proof of proper notice of the hearing sha the notice, together with a statement of the date and manner of delivery, is e officer, director, agent or delegate who delivered such notice. The noticé shall be deemed satisfied if the alleged violator appears at the meeting.
hearing shall be sent no later than the 10" day before the date o Association or the Owner may request a postponement, and, jfre shall be granted for a period of not more than ten (10) d may be granted by agreement of the Board and the Owne shall contain a written statement of the results of the hea fe sanction, if any, imposed by the Board or its delegate. The Assocja on shalMng e Owner in writing ? the right to sanction future period. Such suspension shall not constitutg ¢ m2 Owner.
violations of the same or other provisio 6. Appeal. Following a béariy e a delegate of the Board, the Owner shall have the right to appeal hs dq i Board. To perfect this right, a written Association within thirt € hearing date or thirty (30) days after the date fe Owner of the results of the hearing, whichever mposition of any sanction, no further action will be taken of any monies for which the Lot Owner may become liable under olicy and/or the Declaration). Written notice of correction or ¢ Violation may be obtained from the Board upon request for such notice 8. Corrective Action. Notwithstanding any other provision contained herein
/or the Declaration). Written notice of correction or ¢ Violation may be obtained from the Board upon request for such notice 8. Corrective Action. Notwithstanding any other provision contained herein to the contrary, where a Violation is determined or deemed determined to exist, the Board may undertake to cause the Violation to be corrected, removed or otherwise abated if the Board, in its reasonable judgment, determines the Violation may be readily corrected, Page 3-Provence @ Firewheel Covenant Enforcement and Fining Policy removed or abated without undue expense and without breach of the peace. Where the Board decides to initiate any such action, the following will apply: a. The Board must give the Owner and any third party that is known to the Association to be directly affected by the proposed action prior written notice of undertaking of the action.
b. Costs incurred in correcting or eliminating the Violation will be referred to the Association to be recovered from the Owner.
on, the Board may do so at any time. Such legal action may include, withd , sending demand letters to the violating Owner and/or seeking 4 ¢ x6 correct or otherwise abate the Violation. The jation may also file a notice of violation or non-compliance against the Owner?s county in which the Lot is located, ey aes § e violation. Attorney’s fees and all costs incurred by the Associati e Declaration and administering this Enforcement Policy shall become the al Obligation of the Owner.
azed on an amount that is reasonably related to the Violation. The Board shall have final discretion in wig the appropriate fine for the Violation in question. The ude a progression of fines for repeat offenders. Generally, fines shall start at $50.00 per Violation. There shall be no limit to
cretion in wig the appropriate fine for the Violation in question. The ude a progression of fines for repeat offenders. Generally, fines shall start at $50.00 per Violation. There shall be no limit to the number or the aggregate amount of fines which may be levied against an Owner for the same Violation.
b. Imposition of fines will be in addition to and not exclusive of any other rights, remedies and recoveries of the Association as created by the Declaration or this Enforcement Policy.
c. Fines are imposed against Lots and become the personal obligation of the Owners of such Lots.
Page 4-Provence @ Firewheel Covenant Enforcement and Fining Policy 11. Notices. Unless otherwise provided in the Enforcement Policy, all Notices required by this Enforcement Policy shall be in writing and shall be deemed to have been duly given if delivered personally and/or if sent by United States Mail, firstclass postage prepaid, to the Owner at the address which the Owner had designated in writing and filed with the Secretary of the Association or, if no such address has been designated, to the address of the Lot of the Owner.
a. Where the notice is directed by personal delivery, notice shall be deemed to have been given, sent, delivered or received upon ac receipt by any person accepting delivery thereof at the addgess the recipient as set forth in such notice or if no person is t leaving the notice taped to the front door of the resideng€ States Postal Service, notice shall be presumed iven, sent, delivered or received, as of tb day following the date of postmark o afing postage prepaid and the appropriate name as required herein unless otherwise shown by the recipig dv¢ been received at a later date.
# the case may be, falls on a wtes Postal Service holiday, the
fing postage prepaid and the appropriate name as required herein unless otherwise shown by the recipig dv¢ been received at a later date.
# the case may be, falls on a wtes Postal Service holiday, the otice will be extended to the first given, sent, delivered of r Saturday, aw ird party in addition to the Owner. Notwithstanding any é sent to a third party, the Owner remains the party esponsible for compliance with the requirements of the Declaration. The Board shall accept a response from any such third party only upon the written direction of the Owner of the Lot upon which the Violation exists.
e. Where the interests of an Owner in a Lot have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interest in a Lot has been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Enforcement Policy will be deemed full and effective for all purposes if given to such representative or agent.
Page 5-Provence @ Firewheel Covenant Enforcement and Fining Policy f. Where an Owner transfers record title to a Lot at any time during the pendency of any procedure prescribed by this Enforcement Policy, such Owner shall remain personally liable for all costs (including attorney’s fees) and fines under this Enforcement Policy. As soon as practical after receipt by the Association of a notice of a change in the record title to a Lot which is the subject of enforcement proceedings under this Enforcement policy, the Board may begin enforcement proceedings against the new Owfié Owner’s failure and/or refusal to correct or eliminate in the time and manner specified under this Enfoyeen 12. Cure of Violation During Enforcement. An
n enforcement proceedings against the new Owfié Owner’s failure and/or refusal to correct or eliminate in the time and manner specified under this Enfoyeen 12. Cure of Violation During Enforcement. An eliminate a Violation at any time during the pendency of a eseribed by this Enforcement Policy. Upon verification by written repo d and sent, where appropriate, to the Board that the Violation has been\cdrecte fr eliminated; the Violation will be deemed no longer to exist. Thg’Swner w ain liable for all costs (including attorney’s fees) and fines under this cement Policy, which costs and fines, if not paid upon demand therefore by Manag ill be referred to the Board of Directors of the Association for collections 13. Definitions. The definitio (a hereby incorporated herein by referexC¢ IT IS FURTHER } Policy is effective upopy modified or amended.
#in the Declaration and Bylaws are his Covenant Enforcement and Fining , to remain in force and effect until revoked, This is to he foregoing resolution was adopted by the Board of Directors CC. i@Wote conducted on June 4th , 2008, and has not been modifi essindéd/or revoked.
President Page 6-Provence @ Firewheel Covenant Enforcement and Fining Policy STATE OF TEXAS — § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for the STATE of TEXAS on, the d of , 2008, personally appe b Atel dul¥ authorized agent of PROVENCE FIREWHEEL HOMEOWNERS ASSOCIATION, INC., a Texas ni corporation, and acknowledged that (s)he executed the foregoing dg behalf of said partnership.
en te CLAUDIA L. COOMES Notary Pubuer Sls, .
“ Notary Public, State of Texas Of Texas ; ‘4g | My Commission Expires January 12, 2012 Sl, Nee % PITS ew After recording return to: Karen E. Helms Wright Ginsberg Brusilg 14755 Preston Road, Su
ls, .
“ Notary Public, State of Texas Of Texas ; ‘4g | My Commission Expires January 12, 2012 Sl, Nee % PITS ew After recording return to: Karen E. Helms Wright Ginsberg Brusilg 14755 Preston Road, Su Dallas, TX 75254-6825 Eo aS e OFFICIAL PUBLIC RECORDS zs je) a ro VA John F. Warren, County Clerk Dallas County TEXAS June 20, 2008 07:55:07 AN FEE: $40.00 20080203440 Page 7-Provence @ Firewheel Covenant Enforcement and Fining Policy