EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC .
SOLAR DEVICE POLICY ENERGY EFFICIENT ROOFING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restr ictions , recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “Covenant”).
Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of solar de vices or energy efficient roofing on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of a ny express prohibition against solar devices or energy efficient roofing, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A.
DEFINITIONS AND GENERAL PROVISIONS 1. Solar Energy Device Defined . A “Solar Energy Device ” means a system or series of mechanisms designed primarily to provide heat ing or cooling or to produce electrical or mechanical power by collecting and transferring solar -generated energy. The term includes a mechanical or chemical device that has the ability to store solar -generated energy for use in heating or cooling or in t he production of power.
2. Energy Efficiency Roofing Defined . As used in this Policy, “ Energy Efficiency Roofing ” means shingles that are designed primarily to: ( a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities.
3. Architectural Review Approval Required . Approval by the architectural review
ficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities.
3. Architectural Review Approval Required . Approval by the architectural review authority under the Covenant (the “ACC” ) is required prior to installing a Solar Energy Device or Energy Efficient Roofing. The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising the installation or construction to confirm compliance with an approved applicatio n; or (iii) the compliance of approved application with governmental codes and ordinances, state and federal laws.
B.
SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS During any development period under the terms and provisions of the Covenant , the architect ural review approval authority established under the Covenant need not adhere to the terms and provisions of this Solar Device Policy and may approve, deny, or further restrict the installation of any Solar Device. A development period continues for so long as the Declarant has reserved the right to facilitate the development, construction, size, shape, composition and marketing of the community.
1. Approval Application . To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “ Solar Application” ). A Solar Application may only be submitted by an Owner unless the Owner ’s tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application.
cation” ). A Solar Application may only be submitted by an Owner unless the Owner ’s tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application.
2. Approval Process . The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. The ACC will approve a Solar Energy Device if the Solar Application complies with Section B.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section B.3, will create a condition that substantially interferes with the use and enjoyment of the property within the community by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC’s right to make a written determination in accordance with the foregoing sentence is negated if all Owner s of property immediately adjacent to the Owner /applicant provide wri tten approval of the proposed placement.
Notwithstanding the foregoing provision, a Solar Application submitted to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association will not be approved despite compliance with Section B.3. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association must be approved in advance and in writing b y the Board, and the Board need not adhere to this policy when considering any such request.
Each Owner is advised that if the Solar Application is approved by the ACC, installation of the
writing b y the Board, and the Board need not adhere to this policy when considering any such request.
Each Owner is advised that if the Solar Application is approved by the ACC, installation of the Solar Energy Device must: (i) strictly comply with the Solar Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Solar Energy Device to be installed in accordance with the approved Solar Application, the ACC may require the Owner to: (i) modify the Solar Application to accurately reflect the Solar Energy Device installed on the property; or (ii) remove the Solar Energy Device and reinstall the device in accordance with the approved Solar Application. Failure to install a Solar Energy Device in accordance with the approved Solar Application or an Owner ’s failure to comply with the post -approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the AC C to resubmit a Solar Application or remove and relocate a Solar Energy Device in accordance with the approved Solar Application shall be at the Owner ’s sole cost and expense.
3.
Approval Conditions . Unless otherwise approved in advance and in writing b y the ACC, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: (i) The Solar Energy Device must be located on the roof of the residence located on the Owner ’s lot, entirely within a fenced area of the Owner ’s lot, or entirely within a fenced patio located on the Owner ’s lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may
entirely within a fenced area of the Owner ’s lot, or entirely within a fenced patio located on the Owner ’s lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Own er increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner ’s proposed location meets the f oregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner ’s lot or patio, no portion of the Solar Energy Device may extend above the fence line.
(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner ’s lot, then: (A) the Solar Energy Device may not extend higher than or beyond the roofline; (B) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofl ine; (C) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.
C.
ENERGY EFFICIENT ROOFING The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or
icient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent property.
An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth in the Covenant . In conjunction with any such approval process, the Owner should submit information which will enable the ACC to confirm the criteria set forth in the previous paragraph.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
RAINWATER HARVESTING SYSTEM POLICY Terms used but not defined in this policy will have the meaning subscribe d to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “Covenant”).
Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of rain barrels or a rainwater harvesting system on a residential lot. The Board and/or the architectural approval authority und er the Covenant has adopted this policy in lieu of any express prohibition against rain barrels or rainwater harvesting systems, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A.
policy in lieu of any express prohibition against rain barrels or rainwater harvesting systems, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A.
ARCHITECTURAL REVIEW APPROVAL REQUIRED .
Approval by architectural review authority under the Covenant (the “ACC” ) is required prior to installing rain barrels or rainwater harvesting system on a residential lot (a “ Rainwater Harvesting System ”). The ACC is not responsibl e for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental c odes and ordinances, state and federal laws.
B.
RAINWATER HARVESTING SYSTEM PROCEDURES AND REQUIREMENTS 1. Approval Application . To obtain ACC approval of a Rainwater Harvesting System, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Rainwater Harvesting System; and (ii) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer, and photograph or other accurate depiction (the “ Rain System Application ”). A Rain System Application may only be submitted by an Owner unless the Owner ’s tenant provides written confirmation at the time of submission that the Owner consents to the Rain System Application.
2. Approval Process . The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Rain System Application submitted to install a Rainwater Harvesting System on
time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Rain System Application submitted to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association must b e approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.
Each Owner is advised that if the Rain System Application is approved by the ACC, installation of the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System Application, the ACC may require the Owner to: (i) modify the Rain System Application to accurately reflect the Rain System Device installed on the property; or (ii) remove the Rain System Device and reinstall the device in ac cordance with the approved Rain System Application. Failure to install a Rain System Device in accordance with the approved Rain System Application or an Owner ’s failure to comply with the post -approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Rain System Application or remove and relocate a Rain System Device in accordance with the approved Rain System shall be at the Owner ’s sole cost and expens e.
3.
Approval Conditions
CC to resubmit a Rain System Application or remove and relocate a Rain System Device in accordance with the approved Rain System shall be at the Owner ’s sole cost and expens e.
3.
Approval Conditions . Unless otherwise approved in advance and in writing by the ACC, each Rain System Application and each Rain System Device to be installed in accordance therewith must comply with the following: (i) The Rain System Device must be consistent with the color scheme of the residence constructed on the Owner ’s lot, as reasonably determined by the ACC.
(ii) The Rain System Device does not include any language or other content that is not typically displayed on such a device.
(iii) The Rain System Device is in no event located between the front of the residence constructed on the Owner ’s lot and any adjoining or adjacent street.
(iv) There is sufficient area on the Owner ’s lot to install the Rain System Device, as reasonably determined by the ACC.
(v) If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner ’s property, the ACC may regulate the size, type, shielding of, and mat erials used in the construction of the Rain System Device. See Section B. 4 for additional guidance.
4.
Guidelines for Certain Rain System Devices . If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be vis ible from a street, common area, or another Owner ’s property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. Accordingly, when submitting a Rain Device Application, the application shou ld describe methods proposed by the Owner to shield the Rain System Device from the
nstruction of the Rain System Device. Accordingly, when submitting a Rain Device Application, the application shou ld describe methods proposed by the Owner to shield the Rain System Device from the view of any street, common area, or another Owner ’s property. When reviewing a Rai n System Application for a Rain System Device that will be installed on or within the si de yard of a lot, or would otherwise be visible from a street, common area, or another Owner ’s property, any additional regulations imposed by the ACC to regulate the size, type, shielding of, and materials used in the constru ction of the Rain System Devic e may not prohibit the economic installation of the Rain System Device, as reasonably determined by the ACC.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “Covenant”).
Note: Texas statutes pr esently render null and void any restriction in the Covenant which restricts or prohibits the display of certain flags or the installation of certain flagpoles on a residential lot in violation of the controlling provisions of Section 202.011 of the Texas Property Code or any federal or other
display of certain flags or the installation of certain flagpoles on a residential lot in violation of the controlling provisions of Section 202.011 of the Texas Property Code or any federal or other applicable state law. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against certain flags and flagpoles, or any provision regulatin g such matters which conflict with Texas law, as set forth in the Covenant .
A. ARCHITECTURAL REVIEW APPROVAL .
1. Approval Required . Approval by the ACC is required prior to installing a flagpole no more than five feet (5’) in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence ( “Mounted Flagpole” ). A Mounted Flag or Mounted Flagpole need to be approved in advance by the architectural review authority under the Covenant (the “ACC” ). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with g overnmental codes and ordinances, state and federal laws.
2. Approval Required . Approval by the ACC is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any residential lot ( “Freestanding Flagpole” ). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.
sing installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.
B. PROCEDURES AND REQUI REMENTS 1. Approval Application . To obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the following information: (a) the location of the flagpole to be installed on the property; (b) the type of flagpole to be installed; (c) the dimensions of the flagpole; and (d) the proposed materials of the flagpole (the “Flagpole Application” ). A Flagpole Application may only be su bmitted by an Owner UNLESS the Owner ’s tenant provides written confirmation at the time of submission that the Owner consents to the Flagpole Application.
2. Approval Process . The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Flagpole Application submitted to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, a nd the Board need not adhere to this policy when considering any such request.
Each Owner is advised that if the Flagpole Application is approved by the ACC, installation of the Freestanding Flagpole must: (i) strictly comply with the Flagpole Applicati on; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause
ng Flagpole must: (i) strictly comply with the Flagpole Applicati on; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Freestanding Flagpole to be installed in accordance with the approved Flagpole Application, the ACC may require the Owner to: (i) modify the Flagpole Application to accurately reflect the Freestanding Flagpole installed on the property; or (ii) remove the Freestanding Flagpole and reinstall the flagpole in accordance with the approved Flagpole Application. Failure to ins tall a Freestanding Flagpole in accordance with the approved Flagpole Application or an Owner ’s failure to comply with the post approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Flagpole Application or remove and relocate a Freestanding Flagpole in accordance with the approved Flagpole Application shall be at the Owner ’s sole cost and expense.
3.
Installation, Display and Approval Conditions . Unl ess otherwise approved in advance and in writi ng by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed in accordance with the Flagpole Application, must comply with the following: (a) No more than one (1) Freestanding F lagpole OR no more than two (2) Mounted Flagpoles are permitted per residential lot , on which only Mounted Flags may be displayed ; (b) Any Mounted Flagpole must be no longer than five feet (5 ') in length and any Freestanding Flagpole must be no more t han twenty feet (20') in height; (c) Any Mounted Flag displayed on any flagpole may not be more than three feet in height by five feet in width (3'x5');
any Freestanding Flagpole must be no more t han twenty feet (20') in height; (c) Any Mounted Flag displayed on any flagpole may not be more than three feet in height by five feet in width (3'x5'); (d) With the exception of flags displayed on common area owned and/or maintained by the Associati on and any lot which is being used for marketing purposes by a builder, t he flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5 -10 and the flag of the State of Texas must be displayed in accordance with Chapter 310 0 of the Texas Government Code; (e) The display of a flag, or the location and construction of the flagpole must comply with all applicable zoning ordinances, easements and setbacks of record; (f) Any flagpole must be constructed of permanent, long -lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; (g) A flag or a flagpole must be maintained in good condition and any deteriorated flag or deteriorated or structural ly unsafe flagpole must be repaired, replaced or removed; (h) Any flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring property; and (i) Any external halyard of a flagpole must be secured so as to reduce or eliminate noise from flapping agains t the metal of the flagpole.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
DISPLAY OF CERTAIN RELIGIOUS ITEMS POLICY Terms used but not def ined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “Covenant”).
1. Display of Certain Religious Items Permitted . An Owner or resident is permitted to display or affix to the entry of the Owner's or resident's dwelling one or more religious items, the display of which is motivated by the Owner 's or resident's sincere religious belief. T his Policy outlines the standards which shall apply with respect to the display or affixing of certain religious items on the entry to the Owner's or resident's dwelling.
2.
General Guidelines . Religious items may be displayed or a ffixed to an Owner or resident's entry door or door frame of the Owner or resident's dwelling; provided, however, that individually or in combination with each other, the total size of the display is no greater than twenty -five squar e inches (5”x 5” = 25 square inches ).
3. Prohibitions . No religious item may be di splayed or affixed to an Owner o r resident's dwelling that: (a) threatens the public health or safety; (b) violates a pplicable law; or (c) contains language, graphics or any display that is p atently offensive. No religious item may be displayed or
g that: (a) threatens the public health or safety; (b) violates a pplicable law; or (c) contains language, graphics or any display that is p atently offensive. No religious item may be displayed or affixed in any location other than the entry door or door frame and in no event may extend past the outer edge of the door frame of the Owner or resident's dwelling. Nothing in this Policy may be construed in any manner to authorize an Owner or resident to use a material or color for an e ntry door or door frame of the Owner or resident's dwelling or make an alteration to the entry door or door frame that is not otherwise permitted pursuant to the As sociation's governing documents.
4.
Removal . The Association may remove any item which is in violation of the terms and provisions of this Policy.
5. Covenants in Conflict with Statutes . T o the extent that any provision of the Association’s recorde d covenants restrict or prohibit an Owner or resident from displaying or affixing a religious item in violation of the controlling provisions of Section 202.018 of the Texas Property Code, the Association shall have no authority to enforce such provisions and the provisions of this Policy shall hereafter control.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
ASSESSMENT COLLECTION POLICY Sunset Oaks Homeowners Association , Inc. is a community (the "Community ") created by and subject that Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number:
ICY Sunset Oaks Homeowners Association , Inc. is a community (the "Community ") created by and subject that Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “ Covenant ”). The operation of the Community is vested in S unset Oaks Homeowners Association, Inc. (the "Asso ciation "), acting through its board of directors (the "Board "). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant , the Bylaws and rules of the Association (collectively, the "Restrictions "), including the ob ligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant .
The Board hereby adopts this Assessment Collection Policy to establish equitable policies and procedures for the collection of Assessments levied pursuant to the Re strictions . Terms used in this policy, but not defined, shall have the meaning subscribed to such term in the Restrictions .
Section 1. DELINQUENCIES, LATE CHARGES & INTEREST 1-A. Due Date.
1-B. An Owner will timely and fully pay Assessments. Regular Assessments are assessed annually and are due and payable on the first calendar day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.
Delinquent.
1-C. Any Assessment that is not fully paid when due is delinquent. When the account of an Owner becomes delinquent, it remains delinquent until paid in full — including collection costs, interest and late fees.
Late Fees & Interest.
1-D. If the Association doe s not receive full payment of an Assessment by 5:00
, it remains delinquent until paid in full — including collection costs, interest and late fees.
Late Fees & Interest.
1-D. If the Association doe s not receive full payment of an Assessment by 5:00 p.m. after the late date established by the Board, the Association may levy a late fee per month and/or interest at the highest rate allowed by applicable usury laws then in effect or what is specified in the association governing documents on the amount o f the Assessment from the late date therefore (or if there is no such highest rate, then at the rate of 1 and 1/2% per month) until paid in full.
Liability for Collection Costs 1-E. . The defaulting Owner is liable to the Association for the cost of title reports, assessment liens, credit reports, certified mail, long distance calls, court costs, filing fees, and other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.
Insufficient Funds.
1-F. The Association or managing agent may levy a reasonable fee for any check returned to the Association marked "not sufficient funds" or the equivalent.
Waiver.
Properly levied collection costs, late fees, and interest may only be wai ved by a majority of the Board.
Section 2. INSTALLMENTS & ACC ELERATION If an Assessment, other than a Regular Assessment, is payable in installments, and if an Owner defaults in the payment of any installment, the Association may declare the entire Assessment in default and accelerate the due date on al l remaining i nstallments of the Assessment. An Assessment, other than a Regular Assessment, payable in installments may be accelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to acce lerate the
Assessment, payable in installments may be accelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to acce lerate the unpaid balance if t he default is not timely cured. Following ac celeration of the indebtedness, the Associat ion has no duty to reinstate the installment program upon partial payment by the Owner .
Section 3. PAYMENTS 3-A. Application of Payments (1) Delinquent assessments . After the Asso ciation notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association shall be applied in the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligations arose: (4) Other attorney’s fee s (2) Current assessments (5) Fines (3) Attorney fees and costs associated with delinquent assessments (6) Any other amount 3-B. Payment Plans 3-C. . The Association shall offer a payment plan to a delinquent Owner with a minimum term of at least three (3) months and a maximum term of eighteen (18) months from the date the payment plan i s requested for which the Owner may be charged reasonable administrative costs and interest. The Association will determine the actual term s of each payment plan offered to an Owner. An Owner is not entitled to a payment plan if the Owner has defaulted o n a previous payment plan in the last two (2) years. If an Owner is in default at the time the Owner submits a payment, the Association is not required to follow the application of payments schedule set forth in Paragraph 3 -A.
Notice of Payment.
ears. If an Owner is in default at the time the Owner submits a payment, the Association is not required to follow the application of payments schedule set forth in Paragraph 3 -A.
Notice of Payment.
3-F. If the A ssociation receives full payment of the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded. The Association may require the Owner to prepay the cost of preparing and recording the re lease.
Correction of Credit Report . If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association will report receipt of payment to the credit reporting service.
Section 4. LIABI LITY FOR COLLECTION COSTS 4-A. Collection Costs. The defaulting Owner may be liable to the Association for the cost of title reports, credit reports, assessment lien, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's f ees incurred in the collection of the delinquency.
Section 5. COLLECTION PROCEDURES 5-A. Delegation of Collection Procedures 5-B. . From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's managing agent, an attorney, or a debt collector.
Delinquency Notices.
5-C. If the Association has not received full payment of an Assessment by the due date, the Association may send written notice of nonpayment to the defaulting Owner, b y hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. The Association's delinquency -related correspondence may state that if full payment is not timely
Owner, b y hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. The Association's delinquency -related correspondence may state that if full payment is not timely received, the Association may pursue any or all of the Association 's remedies, at the sole cost and expense of the defaulting Owner.
Verification of Owner Information 5-D. . The Association may obtain a title report to determine the names of the Owners.
Notification of Credit Bureau 5-E. . The Association may report the defaulting Owner to one or more credit reporting services.
Collection by Attorney (1) Initial Notice: Preparation of the Initial Notice of Demand for Payment Letter. If the account is not paid in full within 30 days (unless such notice has previously been provided by the Association , then . If the Owner's account remains delinquent , the Association may refer the delinquent account to the Association's attorney for collection. In the event an account is referred to the A ssociation's attorney, the Owner will be liable to the Association for its legal fees and expenses. Upon referral of a delinquent account to the Association's attorney, the Association's attorney will provide the following notices and take the following actions unless otherwise directed by the Board: (2) Lien Notice: Preparation of the Lien Notice of Demand for Payment Letter and record a Notice of Unpaid Assessment Lien (unless such notice has previously been provided by the Association ). If the account is not paid in full within 30 days, then (3) Final Notice: Pr eparation of the Final Notice of Demand for Payment Letter and Intent to Foreclose and Notice of Intent to Foreclose. If the account is not paid in full within 30 days, then
then (3) Final Notice: Pr eparation of the Final Notice of Demand for Payment Letter and Intent to Foreclose and Notice of Intent to Foreclose. If the account is not paid in full within 30 days, then (4) Foreclosure of Lien: Only upon specific approval by a majority of the Board.
5-F. Notic e of Lien 5-G. . The Association's attorney may cause a notice of the Association's Assessment lien against the Owner's home to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may also be sent to the Owner's m ortgagee.
Cancellation of Debt . If the Board deems the debt to be uncollectible, the Board may elect to cancel the debt on the books of the Association, in which case the Association may report the full amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.
5-H. Suspension of Use of Certain Facilities or Services.
Section 6. GENERAL PROVISIONS The Board may suspend the use of the Common Area amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least th irty (30) days.
6-A. Independent Judgment.
6-B. Notwithstanding the contents of this detailed policy, the officers, directors, manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applyin g this policy.
Other Rights 6-C. . This policy is in addition to and does not detract from the rights of the Association to collect Assessments under the Association's Restrictions and the laws of the State of Texas.
Limitations of Interest 6-D. . The Association, a nd its officers, directors, managers, and attorneys,
to collect Assessments under the Association's Restrictions and the laws of the State of Texas.
Limitations of Interest 6-D. . The Association, a nd its officers, directors, managers, and attorneys, intend to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Restrictions or any other document or agreement executed or made in connect ion with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid Assessments, or reimbursed to the Owner if those Assessments are paid in full.
Notices.
6-E. Unless the Restrictions , applic able law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records show that an Owner’s property is owned by two (2) or more persons, notice to one co- Owner is deemed notice to all co -Owners. Similarly, notice to one resident is deemed notice to all residents. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.
Amendment of Policy.
6-F. This policy may be amended from time to time by the Board.
y, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.
Amendment of Policy.
6-F. This policy may be amended from time to time by the Board.
Collections Policy Schedule . The Association collections policy schedule is attached.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
RECORDS INSPECTION, COPYING AND RETENTION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “C ovenant”).
Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the inspection, copying and/or retention of association records and files in violation of the controlling provisions of the Texas Property Code or any other applicable state law. The Board has adopted this policy in lieu of any express prohibition or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant .
1.
Written Form . The Associati on shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
2. Request in Writing ; Pay Estimated Costs In Advance . An Owner (or an individual identified as a n Owner’s agent, attorney or certified public accountant , provided the designation is in
le time.
2. Request in Writing ; Pay Estimated Costs In Advance . An Owner (or an individual identified as a n Owner’s agent, attorney or certified public accountant , provided the designation is in writing and delivered to the Association ) may submit a written request via certified mail to the Association's mailing address or authorized representative listed in the management certificate to access the Association's records. The written request must include sufficient detail describing the books and records requested and whether the Owner desires to inspect or copy the records. Upon receipt of a written request, the Association may estimate the costs associated with responding to each request, which costs may not exceed the costs allowed pursuant to Texas Administrative Code Section 70.3, as may be amended from time to time (a current copy of which is attached hereto ). Before providing t he requested records, the Association will require that the Owner remit such estimated amount to the Association. The Association will provide a final invoice to the Owner on or before the 30th business day after the records are provided by the Associatio n. If the final invoice includes additional amounts due from the requesting party , the additional amo unts, if not reimbursed to the A ssociation before the 30th business day after the date the invoice is sent to the Owner, may be added to the O wner's accou nt as an assessment. If the estimated costs exceeded the final invoice amount, the O wner is entitled to a refund, and the refund shall be issued to the O wner not later than the 30th business day after the date t he final invoice is sent to the Owner.
3.
Period of Inspection . Within ten (10) business days from receipt of the written request,
to the O wner not later than the 30th business day after the date t he final invoice is sent to the Owner.
3.
Period of Inspection . Within ten (10) business days from receipt of the written request, the Association must either: (1) provide the copies to the Owner ; (2) provide available inspection dates; or (3) provide written notice that the Association cannot pr oduce the documents within the ten (10) days along with either: (i) another date within an additional fifteen (15) days on which the records may either be inspected or by which the copies will be sent to the Owner; or (ii) after a diligent search, the requ ested records are missing and can not be located .
4. Records Retention . The Association shall keep the follow ing records for at least the times periods stated below: a. PERMANENT: The Articles of Incorporation or the Certificate of Formation, the Byla ws and the Covenant , any and all other governing documents, guidelines, rules, regulations and policies and all amendments thereto recorded in the property records to be effective against any Owner and/or Member of the Association.
b. FOUR (4) YEARS: Cont racts with a term of more than one (1) year between the Association and a third party. The four (4) year retention term begins upon expiration of the contract term.
c. FIVE (5) YEARS: Account records of each Owner . Account records include debit and credit entries associated with amounts due and payable by the Owner to the Association, and written or electronic records related to the Owner and produced by the Association in the ordinary course of business.
d. SEVEN (7) YEARS: Minutes of all meetings of t he Board and the Owner s.
e. SEVEN (7) YEARS: Financial books and records produced in the ordinary
he Association in the ordinary course of business.
d. SEVEN (7) YEARS: Minutes of all meetings of t he Board and the Owner s.
e. SEVEN (7) YEARS: Financial books and records produced in the ordinary course of business, tax returns and audits of the Association.
f. GENERAL RETENTION INSTRUCTIONS: “Permanent” means records which are not to be destroyed. Except for contracts with a term of one (1) year or more (See item 4 .b. above), a retention period starts on the last day of the year in which the record is created and ends on the last day of the year of the retention period.
For example, if a record is created on June 14, 2012, and the retention period is five (5) years, the retention period begins on December 31, 2012 and ends on December 31, 2017. If the retention period for a record has elapsed and the record will be destroyed, the record should be s hredded or otherwise safely and completely destroyed. Electronic files should be destroyed to ensure that data cannot be reconstructed from the storage mechanism on which the record resides .
5.
Confidential Records 6. . As determined in the discretion of the Board, certain Association records may be kept confidential such as personnel files, Owner account or other personal information (except addresses) unless the Owner requesting the records provides a court order or written authorization from the person whose records are sought.
Attorney Files . Attorney's files and records relating to the Association (excluding invoices requested by a Owner pursuant to Texas Property Code Section 209.008(d)), are not records of the Association and are not: (a) subject to inspection by the Owner; or (b) subject to production in a legal
equested by a Owner pursuant to Texas Property Code Section 209.008(d)), are not records of the Association and are not: (a) subject to inspection by the Owner; or (b) subject to production in a legal proceeding. If a document in an attorney’s files and records relating to the Association would be responsive to a legally authorized request to inspect or copy Association documents, the document shall be produced by using the copy from the attorney’s files and records if the Association has not maintained a separate copy of the document. The Association is not required under any circumstance to produce a document for inspection or copying that constitutes attorney work product or that is privileged as an attorney -client communication.
7. Presence of Board Member or Manager; No Removal . At the discretion of the Board or the Association’s manager, certain records may only be inspected in the presence of a Board member or employee of the Association’s manager. No original records may be removed from the office without the express written consent of the Board.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name TEXAS ADMINISTRATIVE CODE TITLE 1, PART 3, CHA PTER 70 RULE §70.3 - CHARGES F OR PROVIDING COPIES OF PUBLIC INFORMATION (a) The charges in this section to recover costs associated with providing copies of public information are based on estimated average costs to governmental bodies across the state. When actual costs are 25% highe r than those used in these rules, governmental bodies other than
ies of public information are based on estimated average costs to governmental bodies across the state. When actual costs are 25% highe r than those used in these rules, governmental bodies other than agencies of the state, may request an exemption in accordance with §70.4 of this title (relating to Requesting an Exemption).
(b) Copy charge.
(1) Standard paper copy. The charge for stand ard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has recorded information is considered a page.
(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette --$1.00; (B) Magnetic tape --actual cost (C) Dat a cartridge --actual cost; (D) Tape cartridge --actual cost; (E) Rewritable CD (CD -RW) --$1.00; (F) Non -rewritable CD (CD- R)--$1.00; (G) Digital video disc (DVD)-- $3.00; (H) JAZ drive --actual cost; (I) Other electronic media --actual cost; (J) VHS video cassette --$2.50; (K) Audio cassette --$1.00; (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper --See also §70.9 of this title) --$.50; (M) Specialty paper (e.g.: Mylar, bluep rint, blueline, map, photographic --actual cost.
(c) Labor charge for programming. If a particular request requires the services of a programmer in order to execute an existing program or to create a new program so that requested information may be accessed and copied, the governmental body may charge for the programmer's time.
f a programmer in order to execute an existing program or to create a new program so that requested information may be accessed and copied, the governmental body may charge for the programmer's time.
(1) The hourly charge for a programmer is $28.50 an hour. Only programming services shall be charged at this hourly rate.
(2) Governmental bodies that do not have in- house program ming capabilities shall comply with requests in accordance with §552.231 of the Texas Government Code.
(3) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of §552.26 1(b) of the Texas Government Code.
(d) Labor charge for locating, compiling, manipulating data, and reproducing public information.
(1) The charge for labor costs incurred in processing a request for public information is $15 an hour. The labor charge i ncludes the actual time to locate, compile, manipulate data, and reproduce the requested information.
(2) A labor charge shall not be billed in connection with complying with requests that are for 50 or fewer pages of paper records, unless the documents to be copied are located in: (A) Two or more separate buildings that are not physically connected with each other; or (B) A remote storage facility.
(3) A labor charge shall not be recovered for any time spent by an attorney, legal assistant, or any ot her person who reviews the requested information: (A) To determine whether the governmental body will raise any exceptions to disclosure of the requested information under the Texas Government Code, Subchapter C, Chapter 552; or (B) To research or prepare a request for a ruling by the attorney general's office pursuant to §552.301 of the Texas Government Code.
ion under the Texas Government Code, Subchapter C, Chapter 552; or (B) To research or prepare a request for a ruling by the attorney general's office pursuant to §552.301 of the Texas Government Code.
(4) When confidential information pursuant to a mandatory exception of the Act is mixed with public information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the public information. A labor charge shall not be made for redacting confidential information for requests of 50 or fewer pages, unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).
(5) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of Texas Government Code, Chapter 552, §552.261(b).
(6) For purposes of paragraph (2)(A) of this subsection, two buildings connected by a covered or open sidewalk, an elevated or underground passageway, or a similar facility, are not considered to be separate bu ildings.
(e) Overhead charge.
(1) Whenever any labor charge is applicable to a request, a governmental body may include in the charges direct and indirect costs, in addition to the specific labor charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. If a governmental body chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsectio n. Although an exact calculation of costs will vary, the use of a standard charge will
uch costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsectio n. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges made statewide.
(2) An overhead charge shall not be made for requests for copies o f 50 or fewer pages of standard paper records unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).
(3) The overhead charge shall be computed at 20% of the charge made to cover any labor costs asso ciated with a particular request. Example: if one hour of labor is used for a particular request, the formula would be as follows: Labor charge for locating, compiling, and reproducing, hour of labor charge for locating, compiling, and reproducing information ($15.00 per hour); and one hour of programming labor charge ($28.50 per hour), the combined overhead would be: (f) Microfiche and microfilm charge.
(1) If a governmental body already has information that exists on microfiche or microfilm and has copies available for sale or distribution, the charge for a copy must not exceed the cost of its reproduction. If no cop ies of the requested microfiche or microfilm are available and the information on the microfiche or microfilm can be released in its entirety, the governmental body should make a copy of the microfiche or microfilm. The charge for a copy shall not exceed t he cost of its reproduction. The Texas State Library and Archives Commission
entirety, the governmental body should make a copy of the microfiche or microfilm. The charge for a copy shall not exceed t he cost of its reproduction. The Texas State Library and Archives Commission has the capacity to reproduce microfiche and microfilm for governmental bodies. Governmental bodies that do not have in -house capability to reproduce microfiche or microfilm are encouraged to contact the Texas State Library before having the reproduction made commercially.
(2) If only a master copy of information in microfilm is maintained, the charge is $.10 per page for standard size paper copies, plus any applicable labor and overhead charge for more than 50 copies.
(g) Remote document retrieval charge.
(1) Due to limited on -site capacity of storage documents, it is frequently necessary to store information that is not in current use in remote storage locations. Every effort should be made by governmental bodies to store current records on -site. State agencies are encouraged to store inactive or non- current records with the Texas State Library and Archives Commission. To the extent that the retrieval of documents results in a charge to comply with a request, it is permissible to recover costs of such services for requests that qualify for labor charges under current law.
(2) If a governmental body has a contract with a commercial records storage company, whereby the private company charges a fee to locate, retrieve, deliver, and return to storage the needed record(s), no additional labor charge shall be factored in for time spent locating documents at the storage location by the private company's personnel. If after delivery to the governmental body, the boxes must still be searched for records that are responsive to the
spent locating documents at the storage location by the private company's personnel. If after delivery to the governmental body, the boxes must still be searched for records that are responsive to the request, a labor charge is allowed according to subsection (d)(1) of this section.
(h) Computer resource charge.
(1) The computer resource charge is a util ization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources, which might include, but is not limited to, some or all of the following: central processing units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities.
(2) These computer resource charges are not intended to substitute for cost recovery methodologies or charges made for purposes other than responding to public information requests.
(3) The charges in this subsection are averages based on a survey of governmental bodies with a broad range of computer capabilities. Each governmental body using this cost recovery charge sh all determine which category(ies) of computer system(s) used to fulfill the public information request most closely fits its existing system(s), and set its charge accordingly. Type of System --Rate: mainframe --$10 per CPU minute; Midsize --$1.50 per CPU min ute; Client/Server -$2.20 per clock hour; PC or LAN --$1.00 per clock hour.
(4) The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not
.00 per clock hour.
(4) The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not meant to apply to programming or printing time; rather it is solely to recover costs associated with the actual time required by the computer to execute a program. This time, called CPU time, can be read directly from the CPU clock, and most frequently wi ll be a matter of seconds. If programming is required to comply with a particular request, the appropriate charge that may be recovered for programming time is set forth in subsection (d) of this section. No charge should be made for computer print -out time. Example: If a mainframe computer is used, and the processing (5) A governmental body that does not have in- house computer capabilities shall comply with re quests in accordance with the §552.231 of the Texas Government Code.
(i) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information.
(j) Postal and shipping charges. Governmental bodies may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.
(k) Sales tax. Pursuant to Office of the C omptroller of Public Accounts' rules sales tax shall not be added on charges for public information (34 TAC, Part 1, Chapter 3, Subchapter O, §3.341 and §3.342).
(l) Miscellaneous charges: A governmental body that accepts payment by credit card for
hall not be added on charges for public information (34 TAC, Part 1, Chapter 3, Subchapter O, §3.341 and §3.342).
(l) Miscellaneous charges: A governmental body that accepts payment by credit card for copies of public information and that is charged a "transaction fee" by the credit card company may recover that fee.
(m) These charges are subject to periodic reevaluation and update.
Source Note: The provisions of this §70.3 adopted to be effective September 18, 1996, 21 TexReg 8587; amended to be effective February 20, 1997, 22 TexReg 1625; amended to be effective December 3, 1997, 22 TexReg 11651; amended to be effective December 21, 1999, 24 TexReg 11255; amended to be effective January 16, 2003, 28 TexReg 439; amended to be effective February 11, 2004, 29 TexReg 1189; transferred effective September 1, 2005, as published in the Texas Register September 29, 2006, 31 TexReg 8251; amended to be effective February 22, 2007, 32 TexReg 614 EXHIBIT A SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
EMAIL REGISTRATION POLICY Sunset Oa ks Homeowners Association, Inc. is a community (the "Community ") created by and subject that certain Declaration of Covenants, Conditions and Restrictions, recorded under Instrument Number: D198179001 , Official Public Records of Tarrant County , Texas, as amended (the “ Covenant ”). The operation of the Community is vested in Sunset Oaks Homeowners Association , Inc. (the "Association "), acting through its board of directors (the "Board "). The Associatio n is empowered to adopt reasonable policies for the operation of the Association , including a policy for the registration of member email addresses .
The Board hereby adopts this Email Registration Policy to establish a means by which members
or the operation of the Association , including a policy for the registration of member email addresses .
The Board hereby adopts this Email Registration Policy to establish a means by which members of the Associa tion m ight register and maintain their email addresses for the purpose of receiving certain required communications from the Association.
(1) Community Website . Should the Association maintain a community website capable of allowing members to register and maintain an email address with the Association then the member is responsible for registering and updating whenever necessary such email address so that the member can receive email notification of certain required communications from the Association .
(2) Official Email Registration Form . Should the Association not maintain a community website as described in (1) above then the Association shall provide each member with an Official Email Registration Form so that the member might provide to the Asso ciation an email address for the purpose of receiv ing email notification of certain required communications from the Association . It shall be the member’ s responsibility to complete and submit the form to the Association, as well as updating the Associati on with changes to their email address whenever necessary.
SUNSET OAKS HOMEOWNERS ASSOCIATION , INC.
Duly Authorized Officer/Agent Date Printed Name