PI145-2016000302-7 CORPORATE CERTIFICATE SILVERSTONE HOMEOWNERS ASSOCIATION, INC.
The undersigned certifies that he is the Attorney-in-Fact for Silverstone Homeowners Association, Inc. (the “Association"). The Association is the property owners' association for Silverstone, a subdivision in Montgomery County, Texas, according to the map or plat thereof recorded in the Map Records of Montgomery County, Texas.
The Association is a Texas non-profit corporation, and attached to this certificate is a true and correct copy of the original Silverstone Homeowners Association, Inc.'s Deed Restrictions Enforcement Policy and Procedure, Date: December 2015.
па Signed this 22 day of December, 2015.
STATE OF TEXAS COUNTY OF MONTGOMERY و во BRYAN P. FOWLER, Attorney-in-Fact for the Association SWORN TO AND SUBSCRIBED BEFORE ME on the 22nd da day of December, 2015, by BRYAN P. FOWLER, Attorney-in-Fact for SILVERSTONE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation.
Випіт. Ато NOTARY PUBLIC, State of Texas THE STATE OF TEXAS COUNTY OF MONTGOMERY ess ATEC PUBL TEXS EUNICE M. AMES NOTARY PUBLIC - STATE OF TEXAS ID #8818559 My Commission Expires 03-11-2017 This instrument was acknowledged before me on the 22 day of December, 2015, by BRYAN P.
FOWLER, Attorney-in-Fact for SILVERSTONE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, on behalf of said corporation.
AFTER RECORDING RETURN TO: The Fowler Law Firm 300 West Davis, Suite 510 Conroe, Texas 77301 Виніст Ото NOTARY PUBLIC, State of Texas OTARY PUBLI EUNICE M. AMES NOTARY PUBLIC-STATE OF TEXAS ID #8818559 My Commission Expires 03-11-2017 SilverStone Homeowners Association, Inc.
DEED RESTRICTIONS ENFORCEMENT POLICY AND PROCEDURE Date: December 2015 SilverStone Homeowners Association, Inc.
AS ID #8818559 My Commission Expires 03-11-2017 SilverStone Homeowners Association, Inc.
DEED RESTRICTIONS ENFORCEMENT POLICY AND PROCEDURE Date: December 2015 SilverStone Homeowners Association, Inc.
c/o Investment Management Company 3500 West Davis, Suite 190 Conroe, TX 77304 SILVERSTONE HOMEOWNERS ASSOCIATION, INC.
DEED RESTRICTIONS ENFORCEMENT POLICY AND PROCEDURE I.
POLICY Resolved, it is the policy of the SilverStone Homeowners Association, Inc. (HOA) to institute and execute a subdivision Deed Restrictions Enforcement Policy and Procedure as described in subsequent sections. The authority for this procedure is lawfully derived from subdivision Covenants, Conditions and Restrictions (CCR's) of record and current HOA By-Laws of record which state, in part: AMENDED AND RESTATED DECLARATION OF COVENANTS.
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SILVERSTONE SECTION 1 Article III Section 3.10 (e), (f), (g) Section 3.10 Power to Enforce Restrictions and Rules and Regulations: The Association (and any Owner with respect only to the remedies described in (ii) below) shall have the power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action as the Board of Directors deems necessary or desirable to cause compliance by each Member and each Related User. Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and of Rules and Regulations of the Association by any one or more of the following means: e) levying and collecting, after notice and hearing, an assessment against any Member for breach of this Declaration or such Rules and Regulations by such Member or a Related User
the following means: e) levying and collecting, after notice and hearing, an assessment against any Member for breach of this Declaration or such Rules and Regulations by such Member or a Related User which assessment reimburses the Association for the costs incurred by the Association in connection with such breach; f) by levying and collecting, after notice and hearing, reasonable and uniformly applied fines and penalties, established in advance in the Rules and Regulations of the Association, from any Member or Related User for breach of this Declaration or such Rules and Regulations by such Member or a Related User; and g) by taking action itself to cure or abate such violation and to charge the expenses thereof, if any, to such violating Member, plus attorneys' fees incurred by the Association with respect to exercising such remedy.
II.
PROCEDURE The Board of Directors (Board) is responsible for implementing the Schedule of Fines and Fees (Section III), as well as updating the document periodically to better reflect the needs of the community.
The Owner (A person or entity that holds title to any lot within SilverStone) is responsible for ensuring compliance with all SilverStone governing documents, Architectural Guidelines and Rules and Regulations and is responsible for the payment of any fines and fees assessed.
All fines are per violation occurrence. To cure a violation, the responsible party must repair, replace or perform actions approved by the Board to alleviate the violation within a specified time period - the Cure Period. If the violation is cured within the cure period, no fine will be assessed. Owners will be assessed the initial fine when the cure period expires and no cure has been effected.
riod - the Cure Period. If the violation is cured within the cure period, no fine will be assessed. Owners will be assessed the initial fine when the cure period expires and no cure has been effected.
The HOA reserves the right to correct any violation after the cure period expires and all associated costs to correct the violation will be billed to the Builder or Homeowner at cost plus 15% in addition to the fines levied.
Fines will be assessed after the HOA or its agent gives written notice to the property owner by certified mail, return receipt requested. The notice will: 1. Describe the violation which is the basis for the fine and state the initial and/or subsequent fines amount due the HOA from the property owner; 2. Include pictures if possible; 3. Inform the property owner that: a. they are entitled to cure the violation within the time frame stated in order to avoid fine, b. they may request a hearing under Section 209.007 of the Texas Property Code, c. they may request a meeting with the Board according to Article III, section 3.10 of the CCR's on or before the expiration of the cure time after the date the owner receives notice.
Once the above due process is complete, the first fine will be billed to the property owner for the initial fine amount. If the violation is not cured within the timeframe specified, the initial fine and subsequent curative period fines will be billed to the property owner on a monthly basis until the violation is cured.
Nothing stated here shall be construed to require fining prior to any lawsuit or to prohibit the HOA from filing suit in order to enjoin or enforce violations in accordance with Article III, Section 3.10 of the CCR's of the restrictive covenants
uire fining prior to any lawsuit or to prohibit the HOA from filing suit in order to enjoin or enforce violations in accordance with Article III, Section 3.10 of the CCR's of the restrictive covenants applicable to the subdivision, or any other rule, regulation, bylaw, applicable law or other governing document of the subdivision.
Failure to pay fines or damages may subject the property owner to the collection procedures and legal remedies as failure to pay assessment.
Payment of fines and fees does not grant a variance for the violation. All violations must be corrected to come into compliance. Repeat violation of the same offense within a 60 day period will be subject to immediate fine with no curative period offered.
III. VIOLATIONS.
CURE PERIODS - FINES AND FEES VIOLATION Architectural Control Failure to obtain ACC approval when required - Owner IS current with all assessments Failure to obtain ACC approval when required - Owner IS NOT current with all assessments Modification to construction not in accordance with approved plans New Home Construction Modification to project not in accordance with approved plans Existing Homes CURE PERIOD INITIAL FINE SUBSEQUENT FINE PAST CURE PERIOD 5 days to submit $100.00 $100.00 per 7 days documents for approval NONE $250.00 $100.00 per 7 days 5 days to remedy so as to comply with approval 5 days to remedy so as to comply with $1,000.00 $500.00 per 7 days $100.00 $50.00 per 7 days approval Abandoned construction by 30 days $5,000.00 $5,000.00 per 30 days property owner Failure to complete project within 30 days $100.00 $100.00 per 7 days accepted "normal" timeframe Alteration of established drainage $500.00 per 7 days plus 5 days $500.00 cost to repair other lots damaged by drainage alteration Annoyance or Nuisance
$100.00 per 7 days accepted "normal" timeframe Alteration of established drainage $500.00 per 7 days plus 5 days $500.00 cost to repair other lots damaged by drainage alteration Annoyance or Nuisance Noise pollution from exterior speakers, horn, whistle, bell or other sound device used that infringes on the privacy, harmony or well-being of a neighbor such 10 days $50.00 $25.00 per 10 days that a complaint is issued Light pollution from any type of lighting device that infringes on the privacy, harmony or well-being of a neighbor such that a complaint is 5 days $50.00 $50.00 per 5 days issued Pets Pets running at large and/or 1 day $35.00 causing resident threat or nuisance Storage/Repair Improper dismantling and repair or storage of vehicles/boats/trailers, 3 days $50.00 ATVS in public view Commercial vehicles parked on owners property violating CCR's 3 days $50.00 Parking of any vehicle on streets longer than 24 hours 1 day $35.00 Yard Lot / Home Maintenance Failure to maintain yard and landscaping in a sanitary, healthful $50.00 and attractive manner consistent 10 days with the neighborhood Standing dead trees not removed 30 days $50.00 Fallen dead trees not removed 30 days $50.00 $50.00 each subsequent violation $50.00 per 7 days and towing at the discretion of the Board $50.00 per 7 days and towing at the discretion of the Board Towing at the discretion of the Board Force mow at the expense of the property owner of $150.00 $100.00 per 30 days and cost to remove plus 15% $100.00 per 30 days and cost to remove plus 15% Burning of trash or debris on property City of Conroe Code $250.00 $500.00 if the fire is not extinguished right away.
Violation Trash cans in public view on days other than designated pick up days 2 days $35.00 $25.00 per occurrence
perty City of Conroe Code $250.00 $500.00 if the fire is not extinguished right away.
Violation Trash cans in public view on days other than designated pick up days 2 days $35.00 $25.00 per occurrence and/or every 2 days Holiday decorations displayed 30 days beyond that particular holiday 10 days $35.00 $50.00 every 7 days Exterior home maintenance required (paint, gutters, siding, 30 days $50.00 $50.00 every 30 days fences, driveway walls, etc.)
Improper / Unauthorized Signage Improper or unauthorized signage, displays, banners, advertising 2 day $35.00 $50.00 every 2 days devise, etc., posted on the property Other Any unauthorized syphoning/taking NONE of water from the reserve area $500.00 $500.00 per 7 days FILED FOR RECORD 01/04/2016 2:06PM Mark Tambal COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS COUNTY OF MONTGOMERY I hereby certify this instrument was filed in file number sequence on the date and at the time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
01/04/2016 MONTGOME UNTY TERAS Mark Tumbl County Clerk Montgomery County, Texas Doc# 2016000302