Page 1 of 10 D218107878 5/18/2018 2:01 PM PGS 10 Fee: $52.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records f} of at - Mary Louise Gare!
hey 8uect Bas cur, Mary Louise Garcia FOR TARRANT COUNTY CLERK, REAL PROPERTY RECORDS GRANTOR: D. R. Horton-Texas, Ltd.
GRANTEE: Rockingham Estates Homeowners Association GRANTEE: Public PROPERTY: Land platted as Ballweg Addition, such as #D218014349 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION (A Texas Property Owners Association) Arlington, Texas (Tarrant County) Declarant D. R. Horton - Texas, Ltd.
GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION LIST OF CONTENTS PROVISIONS APPLICABLE TO ALL POLICIES 1 AMENDMENT & SUPPLEMENT 2 RESTATEMENT 3. CONSTRUCTION 4. CONFLICTS 5. GENERAL SIGNED & ACKNOWLEDGED POLICY RE: ALTERNATIVE PAYMENT SCHEDULE GUIDELINES POLICY RE: HOA DOCUMENT RETENTION POLICY RE: HOA OPEN RECORDS PRODUCTION & COPYING © 2018, Sharon Reuler, P.C. All Rights Reserved.
GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION PROVISIONS APPLICABLE TO ALL POLICIES This Governance Policy Book for Rockingham Estates Homeowners Association is adopted by D. R. Horton - Texas, Ltd. ("Declarant"), in connection with its development of the real property described in Appendix A of the Declaration of Covenants, Conditions & Restrictions for Rockingham Estates, recorded or to be recorded in the Real Property Records of Tarrant County, Texas, as amended, restated, or supplemented from time to time (the "Declaration"). Although
rictions for Rockingham Estates, recorded or to be recorded in the Real Property Records of Tarrant County, Texas, as amended, restated, or supplemented from time to time (the "Declaration"). Although platted as Ballweg Addition, a subdivision of the City of Arlington, Texas, the real property to which this Governance Policy Book pertains is known as "Rockingham Estates” or the "Property".
Declarant hereby DECLARES that this Governance Policy Book pertains to all real property that is subject to the Declaration. Declarant desires to use this Governance Policy Book to compile the governance policies (as defined in the Declaration) that are required or expressly permitted by State statute in a format that is useful for the homebuying public, as well as for leaders, managers, owners, and residents of Rockingham Estates. This Governance Policy Book may also be used to compile policies and procedures of the Association that pertain to governance matters and issues, as distinguished from property uses and issues.
1. AMENDMENT & SUPPLEMENT. At the back of this Governance Policy Book is an example of the type of singlepage document that may be used to record an amendment or supplement of this Book.
1.1. Superior Public Law. Because public law is typically superior to private Governing Documents, it is not necessary to amend this Governance Policy Book with every change or interpretation of a statute on which a policy is based, The law rules.
1.2. Amendment by Board. The board has the right, but not the duty, to act unilaterally to amend or supplement any part of this Governance Policy Book for any of the following limited purposes: (1) to keep the Association compliant with State law and court opinions interpreting State law, (2) to adapt to changes in technology
Governance Policy Book for any of the following limited purposes: (1) to keep the Association compliant with State law and court opinions interpreting State law, (2) to adapt to changes in technology and standards of practice, or (3) to eliminate or reduce requirements, charges, or penalties on owners. This authority to act unilaterally is purposefully limited in scope and may not be used to adopt policies that substantially exceed the scope of policies that are specifically required, authorized, or suggested by State law. If the effect of a proposed amendment or supplement is unclear, owner approval is required.
1.3, Amendment by Members. Except for board-authorized or Declarant-made amendments and supplements, any other amendment of - or addition to - this Governance Policy Book must be approved by owners representing at least a majority of the lots that participate in the vote, provided a quorum of members participates, if the amendment or addition (1) creates or increases an obligation for owners, (2) imposes or increases a monetary charge on owners, or (3) creates or increases a penalty on owners, If the effect of a proposed amendment or supplement is unclear, owner approval is required.
1.4. Amendment by Declarant. Under its reserved rights in Appendixes B and C of the Declaration, Declarant may amend, restate, or supplement this Governance Policy Book from time to time, and for any purpose, during the Development Period 2. RESTATEMENT. It is not necessary to republish the entire Governance Policy Book with the adoption of additional policies, or the amendment of current policies. The board has the right, but not the duty, to restate this Governance Policy Book from time to time to compile changes and additions in one document.
al policies, or the amendment of current policies. The board has the right, but not the duty, to restate this Governance Policy Book from time to time to compile changes and additions in one document.
3. CONSTRUCTION. Law-based policies that are written to address referenced State laws must be liberally construed to give effect to the purposes and intent of the underlying statutes, and may not be construed as a way to evade the protections, permissions, or requirements of State law. The Association must remain mindful that certain actions are controlled by State law, that State law is subject to change, that State law should be consulted for applicability whenever enforcement issues arise, and that the law-based policies should not be changed or terminated without advice of legal counsel regarding applicable law then in effect. Any provision of this Governance Policy Book that is vague or PROVISIONS APPLICABLE TO ALL POLICIES Page 1 of 2 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION ambiguous (capable of more than one interpretation) on its face or in its application te certain circumstances, must be construed in favor of the Declarant (if applicable}, then the owner, and lastly the Association.
4. CONFLICTS. As a convenience, pertinent parts cf applicable laws may be paraphrased. If any part of a law-based policy conflicts with State law, inaccurately paraphrases State law, or inadvertently omits an aspect of State law, the corresponding provision in State law controls, In the event of an apparent conflict between a law-based policy
w, inaccurately paraphrases State law, or inadvertently omits an aspect of State law, the corresponding provision in State law controls, In the event of an apparent conflict between a law-based policy and another provision in a Governing Document, an effort must be made to construe the provisions so as to give effect to both, if such construction is reasonable. Otherwise, the law-based pclicy is the higher authority for the limited purpose for which it is adopted, superceded only by public law.
5. GENERAL, In addition to provisions of the Declaration that pertain to ail Governing Documents, of which this Governance Policy Book is one, the following previsions apply: [Definitions} Words and phrases defined in the Declaration have the same meanings when used in this Governance Policy Book. [Declarant Rights] A number of provisions in this Governance Policy Book are modified by Declarant's rights and reservations under the Declaration during the Declarant Control and Development Periods, and until Build-Out and Sell-Out, as described in Appendixes B and C of the Deciaration, [Severability} Invalidation of any provision of this Governance Policy Book by judgment or court order dees not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general. [Duration] Unless amended or supplemented as permitted herein, the provisions of this Governance Pelicy Book run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.
SIGNED & ACKNOWLEDGED As the Declarant of Rackingham Estates, I execute this Governance Policy Book for Rockingham Estates Homeowners
will remain in effect perpetually to the extent permitted by law.
SIGNED & ACKNOWLEDGED As the Declarant of Rackingham Estates, I execute this Governance Policy Book for Rockingham Estates Homeowners Association for the benefit of the Association as one of the initial Governing Documents of Rockingham Estates.
SIGNED on the date stated in the acknowledgment below.
D. R. HORTON - FEXAS, LTD., a Texas limited partnership By: D. R. HORTON, INC., a Delaware corporation, its authorized agent Mark P, Allen, Assistant Vice President THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this IS day of May 2018 by Mark P. Allen, Assistant Vice President of D, R. Harton, Inc., a Delaware corporation, on behalf of said corporation in its capacity as authorized agent for DO. R. Horton - Texas, Ltd., a Texas limited partnership, on behalf of the mited partnership.
+ KATIE SABIN 1D # 130023623 Notary Public, The State of Texas My Comm. Exp. Nov. 12, 2018 PROVISIONS APPLICABLE TO ALL POLICIES Page 2 of 2 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEQWNERS ASSOCIATION © 2018 Sharon Revier, P.C, All Rights Reserved. PDEA deen cinDaben gekbse tn FONSI HBAS LD POLICY RE: ALTERNATIVE PAYMENT SCHEDULE GUIDELINES OF ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION The owner of a lot for which the assessment account is in arrears is entitled to make partial payments to cure the arrearage, provided the partial payments are made pursuant to a payment plan agreement approved by the Association consistent with these Guidelines, and further provided the EXCEPTION below does not apply. Every payment plan is deemed to include the following terms, whether or not they are expressly stated in the writing signed by the owner.
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nd further provided the EXCEPTION below does not apply. Every payment plan is deemed to include the following terms, whether or not they are expressly stated in the writing signed by the owner.
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Purpose & Conflict. The purpose of this Policy Re: Alternative Payment Schedule Guidelines is to comply with the requirements of State law ~ specifically, Section 209.0062 Texas Property Code. In event of conflict between this Policy and applicable State law, State law controls. In event of conflict between a provision of this Policy and a provision of any Governing Document, this Policy controls.
Form of Agreement. A payment plan is an agreement between an owner and the Association. It must be in writing and signed or otherwise accepted by both the owner and the Association. The Association may require use of a particular form. (The Association's acceptance of a payment plan may be deemed if an owner accepts ‘as is” without substantive change - a standard form of payment plan issued by the Association.)
Consideration. As consideration for a payment plan agreement, the Association must receive the full amount of the initial installment required by the payment plan. The payment plan is not valid and enforceable between an owner and the Association until the consideration is paid in full.
Effective. The payment plan agreement is not effective until both of the following two conditions are met. First, both the owner and the Association must agree in writing to the terms of a payment plan consistent with this Policy. Second, the Association must receive the full amount of the initial installment required by the payment plan.
When both conditions are satisfied, contemporaneously with each other, the payment plan is effective and in good standing.
eive the full amount of the initial installment required by the payment plan.
When both conditions are satisfied, contemporaneously with each other, the payment plan is effective and in good standing.
Co-Owners. If a lot is owned by more than one person, all co-owners are treated as "the owner" under this Policy, regardless of which co-owner requests and performs the payment plan, or defaults.
Term. A payment plan is for a term of six months, unless the owner and Association agree to a different term of any length, but not less than three months.
Timing. The Association must make a payment plan available to an owner at any time during the delinquency and at any stage of the collection process, up to the time of foreclosure. During the first 30 days of a delinquency, an owner may use the Association's standard form of payment plan (if any). After 30 days, the terms of the plan must be negotiated with the Association because additional expenses, such as reimbursement of legal fees, may need to be worked into the plan. This provision is subject to the "Exceptions" below and applies even though State law does not require the Association to offer payment plans after the initial cure period.
INDIVIDUALIZATION. In negotiating all aspects of an owner's payment plan, the Association may consider the size of the debt, the owner's unique circumstances, and the owner's payment history with the Association. The Association may individualize an owner's payment plan, but should endeavor to be consistent with owners who are similarly situated.
Amount. The total amount to be paid under the payment plan is the full amount of the arrearage on the date of the payment plan, plus (if any) administrative fees and interest that accrue during the term of the payment plan.
t to be paid under the payment plan is the full amount of the arrearage on the date of the payment plan, plus (if any) administrative fees and interest that accrue during the term of the payment plan.
Installments. Unless the owner and the Association agree to a different installment schedule, the first installment (the required consideration) will be at least 15 percent of the total amount to be paid under the payment plan, with the balance paid in equal consecutive monthly installments over the remainder of the term, the second installment being due not less than 28 days after the first installment.
POLICY RE: ALTERNATIVE PAYMENT SCHEDULE GUIDELINES - Page 1 of 3 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION 11. Due Dates. Unless the owner and the Association agree to a different schedule of dates, installments must be received by the Association on or before the first day of each month, except that if the first installment is received mid-month, the second installment is not due until the first day of the month following the next month. (Example, if the first installment is paid January 20, the second installment is due March 1, and the remaining installments on the first day of each month thereafter until paid in full.)
12. Form of Payment. Payments may be made by check (personal, business, or cashiers), debit card or credit card (if the Association has such capacity), or direct deposit/electronic transfer (if the Association has such capacity). If the form of payment incurs a cost to the Association, the Association may require the owner to reimburse the cost.
ty), or direct deposit/electronic transfer (if the Association has such capacity). If the form of payment incurs a cost to the Association, the Association may require the owner to reimburse the cost.
Payment must be delivered to the account, lock box, or office designated by the Association for each type of permitted payment.
13, Communications. An owner who wishes to communicate with the Association about any aspect of the payment plan must deliver to the Association a communication for which the purpose is clearly identified. Further, the communication should be delivered to the Association in a manner that brings attention to its purpose.
14. Costs of Delinquency. As permitted by State law, the Association may charge the owner interest and the reasonable costs associated with administering the payment plan, which charges will be included in the payment plan. Any other monetary penalty (such as late fees) associated with the assessment delinquency to be paid through the payment plan will be held in abeyance during the term of the payment plan, and will only become due and payable in event of default and termination of the payment plan.
15. Default. A default of the payment plan occurs when any of the following occurs: (1) a scheduled installment is not received by the Association on or before the installment's due date.
(2) a scheduled installment is not received by the Association in the full amount of the scheduled installment.
(3) | the assessment account of the owner and the owner's lot becomes delinquent for amounts not covered by the payment plan, such as assessments that become due during the payment plan.
red by the payment plan, such as assessments that become due during the payment plan.
owner makes up the missed or short payment no later than the date on which the next payment under the payment plan would be due, provided the next payment is also paid timely and in full.
17. Prepayment. The owner may pay off the balance of the payment plan at any time during the payment plan, or may shorten the term of the payment plan, such as by increasing the amount paid with each installment. The Association's acceptance of payment in amounts or at times that are different from the approved payment plan may not be construed as a waiver of the terms of the payment plan.
18. Notice. The owner must monitor the payment plan to insure that the Association receives the owner's payments in the full amount and on time. The Association may, but is not required to, give the owner a courtesy notice of a missed or short payment.
19. Termination. If an owner defaults on the terms of a payment plan, the Association may, but is not required to, terminate the payment plan. To terminate, the Association must give the owner written notice of termination, with a statement of the full amount immediately due and payable to the Association.
20. Reinstatement. The Association may, but is not required to, reinstate a terminated payment plan for an owner who submits a written request for reinstatement together with an amount sufficient to cure defaults under the previously approved payment plan.
21. Good Faith. By entering into a payment plan agreement with the Association, the owner is certifying to the
er with an amount sufficient to cure defaults under the previously approved payment plan.
21. Good Faith. By entering into a payment plan agreement with the Association, the owner is certifying to the Association that the owner is acting in good faith to retire an obligation and is not trying to secure an advantage over the Association, such as for use in litigation, bankruptcy, transfer of title, or refinancing of a mortgage.
POLICY RE: ALTERNATIVE PAYMENT SCHEDULE GUIDELINES - Page 2 of 3 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION 22.
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No Title Transfers. An owner who is under an active payment plan may not transfer title to the lot during the term of the payment plan without curing the debt in full or negotiating an arrangement with the Association to ensure that the Association's interests are protected in connection with the change of ownership.
EXCEPTIONS. The Association may refuse to offer, negotiate, or accept a payment plan from an owner who ~ within the previous 24 months ~ defaulted on the terms of a payment plan that had been approved by the Association, even if the payment plan was reinstated or renegotiated following termination. Also, the Association is not required to offer a payment plan to an owner more often than once every 12 months.
Discretion. If circumstances warrant on a case-by-case basis, the board of directors may use its discretion to negotiate and accept payment arrangements that do not conform to one or more requirements of this Policy. The exercise of board discretion from time to time may not be interpreted as a waiver of this Policy and may not be
payment arrangements that do not conform to one or more requirements of this Policy. The exercise of board discretion from time to time may not be interpreted as a waiver of this Policy and may not be used by an owner to compel the board to accept nonconforming terms.
Effect & Amendment. This Policy becomes effective on the date it is publicly recorded, and remains in effect until it is amended, supplemented, restated, or revoked, in whole or in part and from time to time, by the Association acting through its board of directors, such as may be needed to comply with changing requirements of State law, to conform to emerging practices and technologies, or to reflect court decisions interpreting State law or policies such as this. As long as State law requires this Policy to be publicly recorded, all amendments and restatements must also be publicly recorded.
(End of Policy Re: Alternative Payment Schedule Guidelines) POLICY RE: ALTERNATIVE PAYMENT SCHEDULE GUIDELINES - Page 3 of 3 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION POLICY RE: HOA DOCUMENT RETENTION OF ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION 1. Purpose & Conflict. The purpose of this Policy Re: HOA Document Retention is to comply with the minimum requirements of Prop. Code Sec. 209.005(m), which requires a property owners’ association that governs more than 14 lots to adopt and comply with a document retention policy. In event of conflict between this Policy and applicable State law, State law controls, In event of conflict between a provision of this Policy and a provision of any other Governing Document, this Policy controls for its limited purpose of complying with public law.
State law controls, In event of conflict between a provision of this Policy and a provision of any other Governing Document, this Policy controls for its limited purpose of complying with public law.
2. Document Retention Requirements. At a minimum, the Association will retain the documents required by Prop.
Code Sec. 209.005(m), for the prescribed periods of time. As a convenience, the following documents and time periods are restatements of applicable law on the date of this Policy's adoption: (1) Certificates of formation ("articles of association"), bylaws, restrictive covenants (the "declaration" and "owners manual"), and all amendments to the certificates of formation, bylaws, and covenants must be retained permanently.
(2) Financial books and records must be retained for at least seven years.
(3) | Account records of current owners must be retained for at least five years.
(4) Contracts with a term of one year or more must be retained for at least four years after the expiration of the contract term.
(5) Minutes of meetings of the owners and the board must be retained for at least seven years.
(6) Tax returns and audit records must be retained for at least seven years.
3. Construction. This Policy may not be construed to prevent the board of directors from adopting, amending, and restating, from time to time, one or more additional administrative policies pertaining to the retention of documents, records, and information of the Association, such as policies relating to the storage and destruction of the items listed above, and policies pertaining to the retention, storage, and destruction of other types of documents, records, and information of the Association. This Section may not be construed as a duty of the board
e, and policies pertaining to the retention, storage, and destruction of other types of documents, records, and information of the Association. This Section may not be construed as a duty of the board of directors to adopt additional administrative policies.
4. Public Recording. This Policy is being publicly recorded because of the possibility that it may be construed as a "dedicatory instrument" within the meaning of Prop. Code Sec. 202.001(1). The act of recording may not be construed as an assertion that this Policy, which is administrative in nature, is a "dedicatory instrument."
5. Effect & Amendment. This Policy becomes effective on the date it is publicly recorded, and remains in effect until it is amended, supplemented, restated, or revoked, in whole or in part and from time to time, by the Association acting through its board of directors, such as may be needed to comply with changing requirements of State law, to conform to emerging practices and technologies, or to reflect court decisions interpreting State !aw or policies such as this. As long as State law requires this Policy to be publicly recorded, all amendments and restatements must also be publicly recorded.
(End of Policy Re: HOA Document Retention) GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION POLICY RE: HOA OPEN RECORDS PRODUCTION & COPYING OF ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION 1. Purpose & Conflict. The purpose of this Policy Re: HOA Open Records Production & Copying is to comply with the requirements of Prop. Code Sec. 209.005(i), which requires a property owners’ association to adopt a records
The purpose of this Policy Re: HOA Open Records Production & Copying is to comply with the requirements of Prop. Code Sec. 209.005(i), which requires a property owners’ association to adopt a records production and copying policy that prescribes the costs the Association may charge for the compilation, production, and reproduction of information requested pursuant to Prop. Code Sec. 209.005. In event of conflict between this Policy and applicable State law, State law controls. In event of conflict between a provision of this Policy and a provision of any Governing Document, this Policy controls.
2. Authority. If an Open Records request is made to the Association, the Association may charge the requestor all reasonable costs of materials, labor, and overhead for compiling, producing, and reproducing the requested information, subject to the limitations of this Policy.
3. Prescribed Charges. The rates which the Association may charge an owner are the same as the maximum permitted rates published in Section 70.3 of the Texas Administrative Code (Title 1, Part 3, Chapter 70). The charges shown on Exhibit 1 hereto are some of the T.A.C. rates in effect on the date this Policy is adopted and will be deemed to change automatically with changes in the State's maximum permitted rates for Public Information requests.
4, Savings Clause. Notwithstanding anything to the contrary in any writing or communication made by the Association, the Association will not in any event be entitled to receive or collect Open Records charges from an owner in amounts greater than the maximum amounts permitted by applicable law. If from any circumstances whatsoever the Association charges or receives an amount in excess of the maximum charges permitted by law, the excess
r than the maximum amounts permitted by applicable law. If from any circumstances whatsoever the Association charges or receives an amount in excess of the maximum charges permitted by law, the excess amount will be reimbursed to the owner.
5. Waiver. The Association may reduce or waive some or al! of the charges addressed by this Policy on a request-byrequest basis, without waiving the right to charge such fees on future requests.
6. Payment. The Association may require advance payment of the estimated charges addressed by this Policy. Within 30 business days after delivering the requested information, the Association will provide the owner with an invoice of the actual costs. If the actual costs are less than the prepaid estimated charges, the Association will refund the difference to the owner within 30 business days after sending the invoice. If the actual costs are greater than the prepaid estimated charges, the difference is due and payable to the Association by the owner within 30 business days after the invoice is sent to the owner, after which time the Association may add the unpaid amount to the owner's assessment account.
7. Effect & Amendment. This Policy becomes effective on the date it is publicly recorded, and remains in effect until it is amended, supplemented, restated, or revoked, in whole or in part and from time to time, by the Association acting through its board of directors, such as may be needed to comply with changing requirements of State law, to conform to emerging practices and technologies, or to reflect court decisions interpreting State law or policies such as this. As long as State law requires this Policy to be publicly recorded, all amendments and restatements must also be publicly recorded.
lect court decisions interpreting State law or policies such as this. As long as State law requires this Policy to be publicly recorded, all amendments and restatements must also be publicly recorded.
[Examples of Prescribed Costs to Owner on next page.] POLICY RE: HOA OPEN RECORDS PRODUCTION & COPYING - Page 1 of 2 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION Exhibit A to Policy Re: HOA Open Records Production & Copying of Rockingham Estates Homeowners Association EXAMPLES OF PRESCRIBED COSTS TO OWNER The rates which the Association may charge an owner are the same as the maximum permitted rates published in Section 70.3 of the Texas Administrative Code (Title 1, Part 3, Chapter 70). The following are some of the T.A.C. rates in effect on the date this Policy is adopted, and are published here as a courtesy to members of the Association. For any task or methodology that is not listed below, consult the T.A.C. for the applicable rate. The absence below of a type of charge may not be construed as the absence of a statutory limit on the type of charge. The amounts published below will be deemed to change automatically with changes in the State's maximum permitted rates for Public Information requests.
Copy Charges: Electronic image transmitted by email - no copy charge Electronic image downloaded to USB drive - actual cost of drive Standard paper copy or scan (letter or legal size) - $0.10 per page (double sided is 2 pages) Oversize paper copy or scan (such as 11x17) - $0.50 per page Diskette or CD - $1.00 DVD - $3.00 Labor Charge:
ndard paper copy or scan (letter or legal size) - $0.10 per page (double sided is 2 pages) Oversize paper copy or scan (such as 11x17) - $0.50 per page Diskette or CD - $1.00 DVD - $3.00 Labor Charge: No labor charge if the request is for 50 or fewer pages of information, unless the records must be retrieved from a storage facility that is remote from the processor's office.
$15.00 per hour, in 1/4 hour increments, for actual time to locate, compile, manipulate data, reproduce information, and (if necessary) redact confidential information, for requests of more than 50 pages and for records in remote storage, No labor charge for time spent to review the requested information to determine if the information qualifies for an exemption from Open Records Overhead Charge: No overhead charge if the request is for 50 or fewer pages of information. Otherwise, the overhead charge is 20 percent of the labor charge.
Remote Document Retrieval Charge: If the requested information is stored with a commercial records storage company that charges a fee to deliver and return stored records, the Association may seek reimbursement of the third-party fee from the owner if the request otherwise qualifies for a labor charge.
Other Charges: Actual postage and shipping charges if necessary to transmit the reproduced information to the owner.
Actual cost of miscellaneous supplies, such as boxes, if used to produce the requested information.
If the Association accepts payment by credit card, the Association may recoup the amount of any actual transaction fee charged by the credit card company for the privilege.
No sales tax.
(End of Policy Re: HOA Open Records Production & Copying) POLICY RE: HOA OPEN RECORDS PRODUCTION & COPYING - Page 2 of 2
saction fee charged by the credit card company for the privilege.
No sales tax.
(End of Policy Re: HOA Open Records Production & Copying) POLICY RE: HOA OPEN RECORDS PRODUCTION & COPYING - Page 2 of 2 GOVERNANCE POLICY BOOK FOR ROCKINGHAM ESTATES HOMEOWNERS ASSOCIATION