2022085337 CERT Total Pages: 7 ■ raWliUliWifUilHLIWlll CERTIFIED RESOLUTIONS OF THE BOARD OF DIRECTORS OF STONE OAK HOMEOWNERS ASSOCIATION, INC.
ADOPTION OF PERMITTED RULES AND REGULATIONS UNDER CHAPTER 202 OF THE TEXAS PROPERTY CODE The undersigned, K/J- ht , as the duly elected, qualified, andacting Director of Stone Oak Homeowners Association, Inc., a Texas nonprofit corporation (the "Association"), hereby certifies on behalf of the Association that the following resolutions were duly adopted by the Board of Directors of the Association (the "Board") at a meeting of the Board held on 2021, and that such preamble and resolutions have not been amended or rescinded and are in full force and effect on the date hereof.
WHEREAS, certain recently-enacted statutory laws purport to override or void any provision in the Association's governing documents that would restrict or prohibit property owners from construction, installation, or placement of swimming pool enclosures or security measures on their property and/or displaying religious items on their dwelling or property; WHEREAS, Chapter 202 of the Texas Property Code (the "Code") authorizes the Association to adopt dedicatory instrument provisions to impose certain limited permitted regulations for construction, installation, or placement of swimming pool enclosures or security measures on a property owner's property and/or a property owner or resident's display of religious items on their property or the dwelling located thereon; and WHEREAS, the Board desires to adopt such permissible regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts the regulations set forth on Exhibit "A", attached hereto and incorporated herein by reference.
ires to adopt such permissible regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts the regulations set forth on Exhibit "A", attached hereto and incorporated herein by reference.
BE IT RESOLVED, FURTHER, that, the Director of the Association is hereby authorized and empowered, in the name and on behalf of the Association, from time to time to do and perform all such further acts and things and to execute and deliver all such further instruments as he or she may deem necessary or advisable to carry out and effectuate the intent and purposes of the foregoing resolutions and the actions referred to therein.
BE IT RESOLVED, FURTHER, that any actions taken by the officers or directors of the Association prior to the date of this action or hereafter that are within the authority conferred hereby are hereby ratified, confirmed and approved as the act and deed of the Association.
[SIGNATURE PAGE FOLLOWS] STONE OAK HOMEOWNERS ASSOCIATION, INC.
RESOLUTION ADOPTING PERMITTED RULES AND REGULATIONS UNDER CHAPTER 202 OF THE TEXAS PROPERTY CODE CERTIFICATE OF ADOPTION IN WITNESS WHEREOF, the undersigned has executed this Certificate as Director on behalf of the Association to be effective upon the recording of this document in the Official Public Records of Williamson County, Texas.
Title: Director STATE OF TEXAS COUNTY OF WILLIAMSON This instru^nt wasacknowledged before me on Director of Stone Oak Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said non-profit corporation.
SARAH LYNN WILSONNotary Public STATE OF TEXAS ID# 13244290-8 AFTER RECORDING PLEASE RETURN TO; Gregory S. Cagle CAGLE PUGH, LTD. LLP 4301 Westbank Drive, Ste. A-150 Austin, Texas 78746
STATE OF TEXAS ID# 13244290-8 AFTER RECORDING PLEASE RETURN TO; Gregory S. Cagle CAGLE PUGH, LTD. LLP 4301 Westbank Drive, Ste. A-150 Austin, Texas 78746 STONE OAK HOMEOWNERS ASSOCIATION, INC.
RESOLUTION ADOPTING PERMITTED RULES AND REGULATIONS UNDER CHAPTER 202 OF THE TEXAS PROPERTY CODE EXHIBIT A STATUTORY-BASED RULES & REGULATIONS FOR STONE OAK HpMEOWNERS ASSOCIATION, INC.
I. OPENING RECITALS 1.1 Declaration. These Statutory-Based Rules & Regulations for Stone Oak Homeowners Association, Inc. apply to all real property that is subject to the Master Declaration of Covenants, Conditions, and Restrictions, recorded at Document No. 1996028704 in the Official Public Records of Williamson County, Texas, as amended and supplemented (the "Declaration"), such real property constituting the "Subdivision Development."
1.2 Authoritv. The Declaration contains provisions that impose land-use restrictions that regulate the use of lots in the Subdivision Development and the construction or placement of improvements thereon, as well as provisions that prohibit constmction or modification of improvements on lots without the prior written approval of the Association's Board of Directors, an architectural review committee, or the Declarant, as the case may be. Certain recently-enacted Texas statutory laws purport to override or void any provision in the Declaration that would restrict or prohibit property ownersj from construction, installation, or placement of swimming pool enclosmes or security measures on their property and/or restrict or prohibit property owners or residents from displaying religious items on their dwelling or lots. Notwithstanding, such
swimming pool enclosmes or security measures on their property and/or restrict or prohibit property owners or residents from displaying religious items on their dwelling or lots. Notwithstanding, such statutory laws authorize the Association to adopt and enforce certain permissible dedicatory instrument provisions that impose pertain limited regulations for construction, installation, or placement of swimming pool encl(^sures or security measures on a property owner's property and/or a property owner or resident's display of religious items on their property or the dwelling located thereon.
j 1.3 Construction & Conflict. These Statutory-Based Rules & Regulations are drafted to be compliant with the provisions of Chapter 202 of the Texas Property Code to which they are inferior. Accordingly, the terms and provisions of these Rules & Regulations are to be liberally construed to give maximum effect to the regulation of swimming pool enclosures, security measures, and displayed religious items permitted under Chapter 202 of the Texas Property Code, but they shall not be construed as a way to evade the protections, permissions, or requirements of Chapter 202. As a convenience to the Association's directors, officers, members, and managers, the pertinent provisions of applicable laws are paraphrased if not restated in these Rules & Regulations. If any provision of these Rules & Regulations conflict with State law, inaccurately paraphrases State la^v, or inadvertently omits an aspect of State law, the corresponding provision in State law controls. In the event of an apparent conflict between a provision of these Rules & Regulations and a provision in another dedicatory instrument of the
te law, the corresponding provision in State law controls. In the event of an apparent conflict between a provision of these Rules & Regulations and a provision in another dedicatory instrument of the Association, an effort must be ma(|e to construe the provisions so as to give effect to both, if such construction is reasonable. Otherwise, the provision in these Rules & Regulations is the higher authority for the limited purpose for which it is adopted, superseded only by public law.
The effect of a general statement is not limited by the enumeration of specific matters similar to the general. j 1.4 Severabilitv. Invalidation of any provision of these Rules & Regulations by judgment or court order or subsequent statutory enactment does not affect any other provision, which remains in full force and effect.
STONE OAK HOMEOWNERS ASSOCIATION, INC.
STATUTORY-BASED RULES & REGULATIONS Page 1 EXHIBIT A 1.5 Definitions. The term "Architectural Review Committee" shall mean Architectural Review Committee, other capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration.
1.6 Conflicts. To the extent these Statutory-Based Rules and Regulations directly contradict with any previous guidelines or rules adopted by the Association, these StatutoryBased Rules and Regulations shall control. These Statutory-Based Rules and Regulations are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association..
1.7 Effective Date. These Statutory-Based Rules and Regulations shall be effective as a "Dedicatory Instrument" of the Association and the Subdivision Development on the date it is
r the Association..
1.7 Effective Date. These Statutory-Based Rules and Regulations shall be effective as a "Dedicatory Instrument" of the Association and the Subdivision Development on the date it is recorded in the Official Public Records of the county or counties in which all or a portion of the Subdivision Development is located.
n. STATUTORY-BASED RULES & REGULATIONS 1 The following Rules & Regulations are hereby adopted as a Dedicatory Instrument for the Association and Subdivision Development: A. SECURITY MEASURE REGULATIONS A-1 Building or Installation of Security Measures. To the extent permitted and protected by applicable law (such as Texas Property Code Section 202.023), a property owner may build or install security measures, including but not limited to a security camera, motion detector, or perimeter fence, (a "Security Measure"), subject to the requirements of these Security Measure Regulations and permitted applicabl^ provisions of the Declaration.
A-2 Location of Security Measures. A property owner may not build or install a Security Measure on any real property other ^an real property privately owned by such property owner.
A-3 Perimeter Fencing. A perimeterj fence may not be built or installed unless the type offencing, including without limitation, its design, height, color, and construction material has been approved in writing by the Association's architectural review committee. Notwithstanding, a perimeter fence must be constructed of only black wrought iron or its decorative equivalent, not to exceed four feet in height, if utilized to enclose the front of the lot.
A-4 Continued Application of thel Declaration. To the extent applicable provisions of the Declaration or other dedicatory instruments of the Association do not prevent the economical
front of the lot.
A-4 Continued Application of thel Declaration. To the extent applicable provisions of the Declaration or other dedicatory instruments of the Association do not prevent the economical building or installation of a Securily Measure, such provisions shall continue to govem the building or installation of the Security Measure.
A-5 Architectural Review of Security Measures. A property owner must apply to the Architectural Review Committee for prior written approval of a proposed Security Measure to the extent required by the provisions of the Declaration and other dedicatory instruments of the Association. To the extent an app|iicable provision of the Declaration or other dedicatory instrument would prevent the economical building or installation of a proposed Security Measure, the Architectural Review Committee shall be authorized to modify the application of STONE OAK HOMEOWNERS ASSOCIATION, INC.
STATUTORY-BASED RULES & REGULATIONS Page 2 EXHIBIT A such provision in a manner that is reasonably intended to allow for the economical building or installation of the proposed Security Measure while still adhering as much as possible to the underlying intent and purpose of the Declaration and other dedicatory instruments, as determined by the Architectural Review Committee in its sole and absolute discretion.
B. RELIGIOUS ITEM DISPLAY REGULATIONS B-1 Religious Disnlavs. To the extent permitted and protected by applicable law (such as Texas Property Code Section 202.018), a property owner or resident may display or affix one or more religious items on the owner' or resident's lot or dwelling constructed thereon ("Religious Item"), provided: (1) The display of the Religious Item is motivated by the owner or resident's sincere religious belief;
ms on the owner' or resident's lot or dwelling constructed thereon ("Religious Item"), provided: (1) The display of the Religious Item is motivated by the owner or resident's sincere religious belief; (2) No Religious Item may i be installed or displayed that threatens the public health or safety; (3) No Religious Item mayj be installed or displayed that violates any law, other than one prohibiting the disp|ay of religious items; (4) No Religious Item mayj be installed or displayed that contains language, graphics,or any display that is patently offensive to a passerby for reasons other than its religious content; (5) No Religious Item may be installed or displayed on any real property owned by the Association or maintained by the Association or owned in common by members of the Association; (6) No Religious Item may be installed or displayed which violates any applicable building line, right-of-w|ay, setback, or easement; and (7) No Religious Item may be attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole or fixture.
B-2 Architectural Review of Religious Items. Property owners and residents are encouraged (but not required) to apply to the Architectural Review Committee for confirmation that the proposed Religious Item conforms to these l|.eligious Item Display Regulations. The Association mayrequire a property owner or resident to remove any displayed Religious Item prohibited by the Declaration that does not comply with the requirements of applicable law or these Religious Item Display Regulations. ' C. SWIMMING POOL ENCLOSURE REGULATIONS C-1 Swimming Pool Enclosure. To the extent permitted and protected by applicable law (Texas Property Code Section 202.022), a property owner may install on the owner's property a
ENCLOSURE REGULATIONS C-1 Swimming Pool Enclosure. To the extent permitted and protected by applicable law (Texas Property Code Section 202.022), a property owner may install on the owner's property a swimming pool enclosure that conforms to applicable state or local safety requirements (a "Swimming Pool Enclosure"), suljject only to the requirements of these Swimming Pool STONE OAK HOMEOWNERS ASSOCIATION, INC.
STATUTORY-BASED RULES & REGULATIONS Page 3 EXHIBIT A Enclosure Regulations. For purposes of these Swimming Pool Enclosme Regulations, a Swimming Pool Enclosure shall mean a fence that: (1) surrounds a water feature, including a swimming pool or spa; (2) consists of transparent mesh or clear panels set in metal frames; (3) is not more than six (6) feet in height; and (4) is designed to not be clunbable.
C-2 Regulation of Swimming Pool Enclosures. Swimming Pool Enclosures must comply with the following regulations: 1 (1) A Swimming Pool Enclosure must be black in color unless an altemative color is approved by the Architectural Review Committee.
(2) A Swimming Pool Enclosure must consist of transparent mesh set in metal frames unless an altemative material or design is approved by the Architectural Review Committee. j (3) A Swimming Pool Enclpsure shall not exceed six (6) feet in height, regardless of terrain, unless approved |3y the Architectural Review Committee.
(4) A Swimming Pool Enclosure shall be designed to not be climbable.
(5) A Swimming Pool Enclosure must conform to applicable state or local safety requirements. Notwithstanding the foregoing, it is the property owner's responsibility to ensure conformity with such requirements, and an approval from the Association or its architectural review committee shall not be constmed as a
foregoing, it is the property owner's responsibility to ensure conformity with such requirements, and an approval from the Association or its architectural review committee shall not be constmed as a warranty or representation that such installation is in fact in accordance with such requirements.
C-3 Architectural Review of Swimming Pool Enclosures. A Swimming Pool Enclosure may be installed by a property owner on his| or her property without obtain written approval from theAssociation's architectural review committee, provided the Swimming Pool Enclosure complies with the Swimming Pool Enclosurp Regulations' minimum requirements specified above.Notwithstanding, any Swimming Pool Enclosure that is not black in color or does not consist of transparent mesh set in metal frames| must be approved in advance by the architectural reviewcommittee. !
STONE OAK HOMEOWNERS ASSOCIATIOI^, INC.
STATUTORY-BASED RULES & REGULATIONS Page 4 C.(xaie, liAC-A, J ^ r» i \P'J i .
) FILED AND RECORDEDOFFICIAL PUBLIC RECORDS 2022085337 rPRT Fee: $46•00 07/18/2022 10:25 AM OSALINAS Nancy E.lister. County ClerkUiIIiamson County, Texas