(\ ) AS PER ORIGINAL TT NOTICE OF CORRECTION QUAIL BRIDGE COMMUNITY IMPROVEMENT ASSOCIATION Regarding Exhibit “A” of Resolution Implementing Fines for Deed Restriction Violations Ratified by the Board of Directors on March 30, 2009 DATED: 2/23/13 STATE OF TEXAS § § COUNTY OFS@ce Rencl § I, Winds Wed orel, Authorized Representative of Quail Bridge Community Improvement Association (“Association”) and Member of its Board of Directors, file this Notice of Correction as to the Board’s Resolution filed July 7, 2009 in the Official Public Records of Fort Bend County, Texas under Clerk’s File No. 2009068450.
WHEREAS, the Association is a Texas non-profit corporation governed by the Texas Property Code; WHEREAS, on July 7, 2009, the Association recorded its “Resolution Implementing Fines for Deed Restriction Violations” in the Official Public Records of Fort Bend County, Texas under Clerk’s File No. 2009068540; WHEREAS, said Resolution referred to an Exhibit “A,” which set forth the particulars of said Policy, and said Exhibit “A” was inadvertently not included with said filing; WHEREAS, the provisions of the Policy for Implementing Fines for Deed Restriction Violations, referred to as Exhibit “A” in the July 7, 2009 recorded Resolution but inadvertently not recorded with that document, is attached hereto as Exhibit “A” for purposes of filing and recording same so that all owners/members of the Association shall have constructive notice thereof.
DATE 42-23-2013 a, Authorized Representative and Board Member STATE OF TEXAS § § ACKNOWLEDGMENT -COUNTY OF Fort Bencl - § This instrument was acknowledged before me on the S 2° “day of Qo camer , 201a, by Kinda Bedferel , as an authorized representative and Board Member of Quail Bridge Community Improvement Association, and on
nstrument was acknowledged before me on the S 2° “day of Qo camer , 201a, by Kinda Bedferel , as an authorized representative and Board Member of Quail Bridge Community Improvement Association, and on behalf of said corporation.
i Notary Public in and for the State of Texas AN ay, ‘\ Set Pe!
: Me CAROLINA LEYVA 6% Notary Public, State of Texas J My Commission Expires * May 02, 2017 Procedures for Deed Restriction Violation Notice and Implementation of Fines An owner of property within the Quail Bridge and Benchmark Subdivisions (the “Subdivision”) whose lot or residence is in violation of the dedicatory instruments (Declaration of Covenants, Conditions and Restrictions (the “Declaration”), By-Laws, or other Rules and Regulations as established by the Quail Bridge Community Improvement Association, Inc. (the “Association”)) governing the Subdivision, including all statutory laws supplementing same, shall be. provided notice of the violation in the following manner: Step Le Seine : ~ Action. a I First letter will s serve as a warning letter and nouity the homeowner of ihe violation | with no cost to the homeowner. This letter will also notify the homeowner that he has the right to meet with the Board of Directors for the purpose of discussing the violation. This notice will be sent by certified mail, return receipt requested, will comply with the requirements of the Texas Residential Property Owners Protection Act, and will notify the homeowner that failure to effect compliance or request a hearing on this matter before the Board of Directors within 30 days after receipt of this letter will cause the imposition of a fine consistent with the Schedule. of Fines set forth or, for violations not listed, in an amount of $50.00.
ard of Directors within 30 days after receipt of this letter will cause the imposition of a fine consistent with the Schedule. of Fines set forth or, for violations not listed, in an amount of $50.00.
2 If the homeowner does not make arrangements to correct the violation and; after the imposition of the first $50.00 assessment, another $50.00 assessment will be applied to the homeowner’s account each month that the violation remains uncorrected.
3 | If the violation(s) have not been corrected following the notice/fine imposition period, the Board of Directors will determine whether legal action is to be taken, including, but not limited to: utilizing attorney demand letters, seeking a permanent injunction against the homeowner of the lot not in compliance, or performing, in accordance with the rights afforded to the Association under the Declaration, all activities necessary to repair, maintain or restore a lot in violation and charging the owner of the lot all costs associated with the performance of such work. The Association intends. to utilize the above-outlined process in most deed restriction violation matters. However, for those situations of urgency which pose a likelihood of immediate harm, economic or otherwise, the Association may chose to abate, shorten, or modify the above procedure for effecting compliance of a violation.
Quail Bridge Community Improvement Association . Page 1 of 3 Resolution. implementing Fines for Deed Restriction Violations EXHIBIT “A” ~ Fining Procedures and Schedule of Fines Hearing Process The following process shall be used by the Association in connection with any hearing before the Board of Directors (the “Board’”) requested by a homeowner relating to a deed restriction
aring Process The following process shall be used by the Association in connection with any hearing before the Board of Directors (the “Board’”) requested by a homeowner relating to a deed restriction violation. Any request for a hearing that does not comply with the process detailed below will be treated as if no request for a hearing had been made by the homeowner receiving the notice of violation.
| oy oes Action: 1 A written request for a hearing shall be submitted to “the Board at the following address: QUAIL BRIDGE COMMUNITY IMPROVEMENT ASSOCIATION c/o Randall Management, Inc.
9000 West Bellfort Ave., Suite 311 Houston, Texas 77031 2 The written hearing request must be received within thirty (30) days of the date of initial notice.
3 | The written hearing request must include pertinent backup information, if any, that will support the existence of the extenuating circumstances or help to explain why the ~ violation does not exist.
4 At the hearing, the Board shall review all information, listen to the Homeowner’s presentation, and render a decision. based on a majority vote of the quorum of Board members present. In the event that.a majority decision is not reached, a continuance hearing shall be scheduled within thirty (30) days.. All decisions of the Board are final and may not be appealed further. .
5 | All fines imposed may be collected as permitted by law.
Ouail Bridge Community Improvement Association ‘ Page 2 of 3 Resolution Implementing Fines for Deed Restriction Violations EXHIBIT “A” ~ Fining Procedures and Schedule af Fines Schedule of Fines The payment of a fine does not grant a variance for a violation, nor does it enable a homeowner to allow the violation to remain unabated. All violations must be corrected in a
Fines Schedule of Fines The payment of a fine does not grant a variance for a violation, nor does it enable a homeowner to allow the violation to remain unabated. All violations must be corrected in a manner satisfactory to the Association. ALL VIOLATIONS LISTED BELOW WILL INCUR A FINE OF $50.06 PER OCCURRENCE. CONTINUED VIOLATIONS WILL INCUR A MONTHLY $50.00 FINE UNTIL THE VIOLATION IS CORRECTED.
4 Failure to mow, weed and edge the Lot alee teueesinatieseeneenensenesd $50/occurrence “ Failure to trim trees so that they are not hanging over the driveway or touching roofs. $50/occurrence % Ay 2, oS E a 2.
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oe Reena snap nnehhnan we rere cenyeweteree’s ee “ Failure to repair and/or replace damaged Roof oo once cctaceceteerteneeeenetennevecenened $ 50/occurrence “ Exterior painting needed (house, front door, ete) eects cencdeetsuticecoeeseee $50/occurrence “> Home repairs needed (rotting wood, sagging gutters, damaged garage door, missing fence slats, repair or repaint, yard light, etc) eee 50/oecurrence * Holiday decorations displayed 30 days after a particular holiday... $5 0/occurrence Barbecue pits placed and/or operated in front yard of Lot eens $50/occurrence “> Trash cans left in public view on days other than designated pick-up days: $50/occurrence non-designated day ee sesensusenssmnneasueeeeseseapeesasaesuessengepseeereeensereranannenens $50/occurrence
non-designated day ee sesensusenssmnneasueeeeseseapeesasaesuessengepseeereeensereranannenens $50/occurrence ~ FOR ANY VIOLATION NOT LISTED HERE, A $50.00 FINE WILL.BE ASSESSED IN ACCORDANCE WITH THE USE RESTRICTIONS FOUND IN THE DECLARATION Quail Bridge Community Improvement Association . . Page 3 of 3 Resolution implementing Fines for Deed Restriction Violations EXHIBIT “A” — Fining Procedures and Schedule of Fines Sun % ie arp e Ws ma RAUNT LET ROUSE AW Tzu FILED AND RECORDED OFFICIAL PUBLIC RECORDS Ipboor Dianne Wilson, County Clerk Fort Bend County, Texas December 26, 2013 11:33:55 AM FEE: $28.00 CR1 2013158193 RES