Doc-21308 Bk-OR VI-8565 Pg-623 TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION Policy Manual true and correct copy of the current TEMPLE DEERFIELD HOME POLICY MANUAL (herein so called) that was adopted f the i 5-19-13 Date certificate on the é$ day of D HOMEOWNERS ASSOCIATION, i i IN WITNESS WHEREOF, the undersigned has exécuted a , 2013 by, President of the T. LE DRE SS Notary Public Signature Inc, a Texas non-profit corporation, on behalf o [SEAL] Contin Exp quae aa The name of the subdivision gévemnéd by #ie Temple Deerfield Homeowners Association, Inc. is Deerfield Estates, Phases I, II, IT and W beéeiinne Q ogether known herein as the “Declaration” or the “Restrictions”), impacting Sedication Instrument and Restrictive Covenants for Deerfield Estates, Phase I, a Subdivision in the city limits of Temple, Bell County, Texas, recorded at Volume 3808, dge 594 of the Real Property Records of Bell County, Texas.
The following have some or all of. Dee (b) Declaration of Covenants, Conditions and Restrictions for Temple Deerfield Homeowners Association, Inc. recorded at Volume 3975, Page 99 of the Real Property Records of Bell County, Texas, corrected by that certain Correction Declaration of Covenants, Conditions and Restrictions for Temple Deerfield Homeowners Association, recorded at Volume 4023, Page 669 of the Real Property Records of Bell County, Texas.
1jPage PolicyManualFinal AdoptedS-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-624 (c) (d) () Dedication Instrument and Restrictive Covenants for Deerfield Estates, Phase III, a Subdivision in the City Limits of Temple, Bell County, Texas, recorded at Volume 4561, Page 1 of the Real Property Records of Bell County, Texas.
Ratification of Dedication and of Dedication Instrument and Restrictive Covenants and
of Temple, Bell County, Texas, recorded at Volume 4561, Page 1 of the Real Property Records of Bell County, Texas.
Ratification of Dedication and of Dedication Instrument and Restrictive Covenants and Amendment to Dedication Instrument and Restrictive Covenants for Deerfield Estates, Phase III, recorded at Volume 4613, Page 138 of the Real Property Records of Bell County, Texas.
Dedication Instrument and Restrictive Covenants for Deerfield Estat IV, a Subdivision in the City Limits of Temple, Bell County, Texas, reeordg lume 5501, Page 826 of the Real Property Records of Bell County, Texas 2|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-625 TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC, POLICY MANUAL TABLE OF CONTENTS * SOLAR ENERGY DEVICE POLICY AND ENERGY EFFICIENT ROOFING POLICY I « RAINWATER HARVESTING SYSTEM POLICY “ FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY ©) “ FINE AND ENFORCEMENT POLICY Vv “* HEARING BEFORE THE BOARD POLI LO VI “ ASSESSMENT AND COLL Cc VIl t XX “ STA OTICE OF POSTING AND RECORDATION OF x So O OVERNING DOCUMENTS “ STATUTORY NOTICE OF CONDUCT OF BOARD MEETING XI “ STATUTORY NOTICE OF ANNUAL MEETING, ELECTIONS AND VOTING XI 3|Page PolicyManuaiF inal Adopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-626 PARTI TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
SOLAR ENERGY DEVICE POLICY ENERGY EFFICIENT ROOFING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
such matters which conflict with Texas law as set forth in the Declaration.
A. DEFINITIONS AND GENERAL PROVISIONS vice” m stem or series of mechanisms produce electrical or mechanical power by
mended.
such matters which conflict with Texas law as set forth in the Declaration.
A. DEFINITIONS AND GENERAL PROVISIONS vice” m stem or series of mechanisms produce electrical or mechanical power by erm includes a mechanical or chemical for use in heating, cooling or in the 1. Solar Energy Device Defined: A “Solar Ener designed primarily to provide heating or cooling collecting and transferring solar generated engrgZy device that has the ability to store oe générg production of power.
2. Energy Efficiency Roofing Defin > this policy, “Energy Efficiency Roofing” means shingles that are designed fumari be }wind and hail resistant. They provide heating and cooling — customary composite shingles or provide solar generation equired: Approval by the Architectural Control Committee (the ign is required prior to installing a solar energy device or energy efficient ation is required which may be obtained via the management company’s cj The compliance of an approved application with governmental codes and ordinances, state and federal laws.
4{Page PolicyManualFinalA dopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-627 B. SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS During any development period under the terms and provisions of the Declaration, the ACC established under the Declaration need not adhere to the terms and provisions of this Solar Energy Device Policy and may approve, deny or further restrict the installation of any solar energy 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 pravide the ACC with the following information:
tion, size, shape, composition and marketing of the community.
1. Approval Application: To obtain ACC approval of a solar energy device, the Owner shall pravide the ACC with the following information: a. The proposed installation location of the solar energy device.
b. A description of the solar energy device, including the dime photograph or other accurate depiction.
c. A solar application may only be submitted by an O written confirmation at the time of submissio application.
2. Approval Process: The decision of the ACC will ® sonable time or within the time Article VII below UNLESS the AC.
energy device, despite compliance with n, determination that placement of the solar Til, will create a condition that substantially interferes with the use and enjoyment Of} arty within the community by causing unreasonable discomfort or annoyance t 4 sensibilities. The ACC’s right to make a written determination in accordat on property owned the Association yi rey ice’on property owned or maintained by the Association or property owned in commop-b stsf the Association must be approved in advance and in writing by the Board, ener, b.
c.
ed by the Association or property owned in common by members of Jpproved despite compliance with Section Article VII. Any proposal to ecthrot adhere to this policy when considering any such request.
is advised that if the solar application is approved by the ACC, installation of the solar vice must: Strictly comply with the solar application Commence within thirty (30) days of approval 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: 5|Page PolicyManualFinalA doptedS-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-628
the solar energy device to be installed in accordance with the approved solar application, the ACC may require the Owner to: 5|Page PolicyManualFinalA doptedS-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-628 a. Modify the solar application to accurately reflect the solar energy device installed on the property b. 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 a solar application or remove and relocate a solar energy device in accordance wi solar application shall be a the Owner’s sole cost and expense.
Approval Conditions: Unless otherwise approved in advance and in writin application and each solar energy device to be installed in accordance there following: ocated on the Owner’s ithin a fenced patio located a. The solar energy device must be located on the rop lot, entirely within a fenced area of the Owner’s Id on the Owner’s lot.
b. If the solar energy device will be located oy the roof of the residence, the ACC may designate the location for placement unless the locatioftprdgosed by the Owner increases the estimated proposed by the A> the that the Owner’ ¥ppopése c. ‘es d.
e.
f.
e solar energy device may extend above the fence line.
GY NT ROOFING The ACC will not prohibit an Owner from installing energy efficient roofing provided that the energy efficient roofing shingles: 6|Page a. Resemble the shingles used or otherwise authorized for use within the community.
ohibit an Owner from installing energy efficient roofing provided that the energy efficient roofing shingles: 6|Page a. Resemble the shingles used or otherwise authorized for use within the community.
b. Are more durable than, and are of equa! or superior quality to the shingles used or otherwise authorized for use within the community.
c. Match the aesthetics of adjacent property.
PolicyManualFinal Adopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-629 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 Declaration. 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.
7|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 ‘Pg-630 PART IL TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC, RAINWATER HARVESTING SYSTEM POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms the Restrictions, as amended.
Note: Texas statutes presently render null and void any restriction in the Declaration which p installation of rain barrels or a rainwater harvesting system on a residential lot. The Board Supervising installation or const c. The compliance of an appro and federal laws.
tem application may only be submitted by an Owner unless the Owner’s tenant ritten confirmation at the time of submission that the Owner consents to the rain tinté 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 or maintained by the Association or property owned or maintained in
review and approval of improvements. A rain system application submitted to install a rainwater harvesting system on property owned or maintained by the Association or property owned or maintained in common by members of the Association will not be approved. Any proposal to install a rainwater harvesting system on property owned or maintained by the Association or property owned or maintained in common by members of the Association must be approved in advance and in writing by the Board and the Board need not adhere to this policy when considering any such request.
8|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-631 Each Owner is advised that if the rain system application is approved by the ACC, installation of the rainwater harvesting system must: a. Strictly comply with the rain system application.
b. Commence within thirty (30) days of approval.
c. Be diligent 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: a. Modify the rain system application to accurately reflect the rain systep d on the property.
b. Remove the rain system device and reinstall the device in accordance Wi € Approved rain system application.
and may subject the Owner to fines and penalties. Any reqt a rain system application or remove and relo i 3. Approval Conditions: Unless otherwigeyseP| oye system application and each rain syste with the following: e cdngistent with the color scheme of the residence constructed €termined by the ACC.
ot include any language or other content that is not typically The rain system de 4. Guidelines for Certain Rain System Devices: If the rain system device will be installed on or within
ed by the ACC.
ot include any language or other content that is not typically The rain system de 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 visible 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 should 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 rain system application for a rain system device that will be installed on or within the side yard of a lot, or would otherwise be 9|Page PolicyManuaiFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-632 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 construction of the rain system device, may not prohibit the economic installation of the rain system device, as reasonably determined by the ACC.
10|Pa ee PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-633 PART IIT TEMPLE DEERFIELD HOMEOWNERS ASSOCIATIO INC.
FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
Note: Texas statutes presently render null and void any restriction in the Declaration wh) prohibits the display of certain flags or the installation of certain flagpoles on axe flagpoles, or any provision regulating such matters which conflict et forth in the Declaration.
e Declaration wh) prohibits the display of certain flags or the installation of certain flagpoles on axe flagpoles, or any provision regulating such matters which conflict et forth in the Declaration.
A. ARCHITECTURAL REVIEW APPROVAL 1. Approval Not Required: In accordance with the gendral guidelines set forth in this policy, an Owner territory, an official or replica flag of official insignia of a college or universityd™ more than five feet (S’) in length affi to the rear of a residence ( residence. A permitted the Declaration. All sea 2. Approval Required: flagpoles installed erfiissions in the application submitted to the ACC for approval.
Mg installation or construction to confirm compliance with an approved application.
ompliance of an approved application with governmental codes and ordinances, state nd‘federal laws.
B. PROCE S AND REQUIREMENTS 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.
{ljPage PolicyManualFinal Adopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-634 d. The proposed materials of the flagpole.
e. A Flagpole 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 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
ithin 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 or maintained by the Association or property owned in common by be approved in advance and in writing by the Board, and the Board need when considering any such request.
Each Owner is advised that if the flagpole application is q , installation of the freestanding flagpole must: a. Strictly comply with the flagpole applicatigg.
b. Commence within thirty (30) days of appre c. Be diligent to completion.
If the Owner fails to cause the freestagdjn e installed in accordance with the approved flagpole application, the ACC may requi a. Modify the Heer ge n toAgchrdtely reflect the freestanding flagpole installed on the property.
b. Remove the and reinstall the flagpole in accordance with the approved “tion-r remove and relocate a freestanding flagpole in accordance with the approved atign shall be at the Owner’s sole cost and expense.
Display and Approval Conditions: Unless otherwise approved in advance and in writing C, permitted flags, permitted flagpoles and freestanding flagpoles, installed in accordance é flagpole application, must comply with the following: a. No more than one (1) freestanding flagpole or no more than two (2) permitted flagpoles are permitted per residential lot, on which only permitted flags may be displayed.
b. Any permitted flagpole must be no longer than five feet (5’) in length and any free standing flagpole must be no more than twenty feet (20’) in height.
c. Any permitted flag displayed on any flagpole may not be more than three feet in height by five feet in width (3’x5’).
12|Page PolicyManualFinalAdopted5-14-13.docx
than twenty feet (20’) in height.
c. Any permitted flag displayed on any flagpole may not be more than three feet in height by five feet in width (3’x5’).
12|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-635 13|Page With the exception of flags displayed on common area owned and/or maintained by the Association and any lot which is being used for marketing purposes by a builder, the 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 3100 of the Texas Government Code.
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.
Any flagpole must be constructed of permanent, long-lasting materials, wj appropriate to the materials used in the construction of the flagpole and harmgni dwelling.
A flag or a flagpole must be maintained in good condition and an deteriorated or structurally unsafe flagpole must be repaired, replaced Any flag may be illuminated by no more than one (1) halogen Ign a finish Any external halyard of a flagpole must be secured s flapping against the metal of the flagpole.
PolicyManualFinal Adopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-636 PART IV_TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC, DISPLAY OF CERTAIN RELIGIOUS ITEMS POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
A. DISPLAY OF CERTAIN RELIGIOUS ITEMS PERMITTED religious belief. This Policy outlines the standards which shall apply with re affixing of certain religious items on the entry to the Owner’s or resident’s dwelt B. GENERAL GUIDELINES
ITEMS PERMITTED religious belief. This Policy outlines the standards which shall apply with re affixing of certain religious items on the entry to the Owner’s or resident’s dwelt B. GENERAL GUIDELINES Religious items may be displayed or affixed to an Owner or Owner or resident’s dwelling; provided, however, that individua total size of the display is no greater than twenty-five e inches C. PROHIBITIONS Gos bination with each other, the "= 25 square inches).
1. No religious item may be displayed or a to ner or resident’s dwelling that: 14|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR ‘VI-8565 Pg-637 PART V_TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
FINE AND ENFORCEMENT POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended A. BACKGROUND this ers é terms Temple Deerfield Homeowners Association is subject to the Restrictions (someti Part V as the “Declaration”). In accordance with the Declaration, Temple De pres’ OVides otherwise, ssociation is empowered to enforce the covenants, conditions and restrictionyOfthe Restxictiotis/Bylaws and any rules and regulations of the Association, including the obligation of Owners to¢pay assessments pursuant to the » compensate the Association The Board hereby adopts this Fine and Enforcem for the levy of fines within the Association i compliance when a Although a fine ma af/who commits the violation, the Association may direct all communications regarding ation to the Owner.
Amount: The Association may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency and effects of the violation. The Association may
to the Owner.
Amount: The Association may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency and effects of the violation. The Association may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation and should be uniform for similar violations of the same provision of the Restrictions. If the Association allows fines to accumulate, the Association may establish a maximum amount for a particular fine, at which point the total fine will be capped.
S|Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-638 4. Violation Notice: Before levying a fine, the Association will give the Owner a written violation notice and an opportunity to be heard. This requirement may not be waived. The Association’s written violation notice will contain the following items: a. The date the violation notice is prepared or mailed.
b. A description of the violation.
c. Areference to the rule or provision that is being violated.
d. A description of the action required to cure the violation.
e. The time frame in which the violation is required to be cured.
f. The amount of the fine.
g. A statement that not later than the thirtieth (30") day after the date of thé nn , the Owner may request a hearing before the Board to contest the violatior h.
levy of a fine.
ii. Repeat Violation: In the case of 2 Owner was previously notified a (6) month time vied ticg and a reasonable opport itl.
es, in its sole discretion, the Board may determine that such a $s a continuous violation which warrants a levy of a fine based upon a wner of the Board’s decision and amount of fine and the Owner’s failure and/or fusal to cure as requested.
determine that such a $s a continuous violation which warrants a levy of a fine based upon a wner of the Board’s decision and amount of fine and the Owner’s failure and/or fusal to cure as requested.
Hearing: An Owner may request in writing a hearing before the Board to contest the fine.
ést a hearing before the Board, the Owner must submit a written request to the Association’s Ager (or the Board if there is no manager), within thirty (30) days after the date of the violation notice. Within fifteen (15) days after the Owner’s request for a hearing, the Association will give the Owner at least fifteen (15) days advance notice of the date, time and place of the hearing. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, as if the declared violation were valid. The Owner’s request for a hearing suspends only the levy of a fine. The hearing will be held in a closed or executive session of the Board. At the 16[ Page PolicyManualFinalAdopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-639 hearing, the Board will consider the facts and circumstances surrounding the violation. The Owner may attend the hearing in person, or may be represented by another person or written communication.
If an Owner intends to make an audio recording of the hearing, such Owner’s request for hearing shall include a statement noticing the Owner’s intent to make an audio recording of the hearing, otherwise, no audio or video recording of the hearing may be made, unless otherwise approved by the Board. The minutes of the hearing must contain a statement of the results of the hearing and the fine,
herwise, no audio or video recording of the hearing may be made, unless otherwise approved by the Board. The minutes of the hearing must contain a statement of the results of the hearing and the fine, if any imposed. A copy of the violation notice and request for hearing should be placed in the minutes of the hearing. If the Owner appears at the meeting, the notice requirements wi the agenda attached hereto as Exhibit A.
6. Levy of Fine: Within thirty (30) days after levying the fine, the Board must g the levied fine. If the fine is levied at the hearing at which the Owner { payments to reduce the fine. The periodic notices may delinquency notices.
unpaid fines.
8. Amendment of Policy: Thjapoli revoked or amended from time to time by the Board.
This policy will remain g i ssociation records an amendment to this policy in the county’s official pubs > q tice may be published and distributed in an Association newsletter or other B. FINES 17|Page PolicyManua!FinalAdopted5-14-13.docx or: Doc-21308 Bk-OR VI-8565 Pg-640 C. SCHEDULE OF FINES 18|Page New Violation Fine Amount 1* Notice Warning 2" Notice $25.00 per day 3" Notice $50.00 per day 4" Notice $100.00 per day Each Subsequent Notice $200.00 per day (Ten [10] day maximum per notice) Repeat Violation Fine Amount 1* Notice 2™ Notice 3 Notice 4" Notice Each Subsequent Notice 800.00 (Ten [10] day maximum per notice) Continuous Violation Final Notice Gos mount TBD PolicyManualFinal Adopted5-14-13.docx Doc-21308 Bk-OR VI-8565 Pg-641 PART VI_ TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
HEARING BEFORE THE BOARD POLICY Terms used but not defined in this policy will have the meaning subscribed to the Restrictions, as amended.
g-641 PART VI_ TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
HEARING BEFORE THE BOARD POLICY Terms used but not defined in this policy will have the meaning subscribed to the Restrictions, as amended.
Note: An individual will act as the presiding Hearing Officer. The Hearing Officer will provide introductory remarks and administer the hearing agenda.
A. INTRODUCTION 1. Hearing Officer: The Board has convened for the purpose by from the penalties imposed by the Assocyati the Restrictions. The hearing is being conducted as required.by Texas Property Code and is an opportunity for the appeg g resolve the matter at issue. The Board would like ¢ dispute at this hearing.
However, the Board may elect to take the appeal under'y and conclude the hearing.
If the matter is taken under advisement, a decisiormailL-be communicated in writing within fifteen (15) days.
B. PRESENTATION OF FACTS 1.
Appfopriate. Discussion should be productive and designed to seek, if possible, an acceptable fesolution of the dispute. The Hearing Officer retains the right to conclude this portion of the hearing at any time.
D. RESOLUTION 19|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565' Pg-642 20|Page i_5298036v.3 Hearing Officer: This portion of the hearing is to permit discussion between the Board and the appealing party regarding the final terms of the settlement if a resolution was agreed upon during the discussion phase of the hearing.
If no settlement was agreed upon, the Hearing Officer may: a. Request that the Board enter into executive session to discuss the matter.
b. Request that the Board take the matter under advisement and adjourn the hear{ng.
c. Adjourn the hearing.
Doc-21308 ‘'Bk-OR VI-8565 Pg-643 PART VH TEMPLE DEERFIELD HOMEOWNERS ASSOCATION, INC.
ASSESSMENT AND COLLECTION POLICY
take the matter under advisement and adjourn the hear{ng.
c. Adjourn the hearing.
Doc-21308 ‘'Bk-OR VI-8565 Pg-643 PART VH TEMPLE DEERFIELD HOMEOWNERS ASSOCATION, INC.
ASSESSMENT AND COLLECTION POLICY Temple Deerfield Homeowners Association is a community (the “Community”) created by and subject to the Restrictions thereto (“Declaration”). The operation of the Community is vested in Temple Deerfield Homeowners Association, Inc., (the “Association”), acting through its board of directors (the “Board”). The Association is empowered to enforce the covenants, conditions and restrictions of the Declaration, the Bylaws and rules of the Association (collectively, the “Go Documents”), including the obligation of Owners to pay Assessments pursuant to the’te provisions of the Declaration.
The Board hereby adopts this Assessment Collection Policy to establish equ procedures for the collection of Assessment levied pursuant to the Governif used in this policy but not defined shall have the meaning subscribed to s Documents.
A. DELIQUENCIES, LATE CHARGES & INTEREST J. Due Date: An Owner will timely and fulld assessed annually and are due and payable on Assessnients. Regular Assessments are irst calendar day of the month at the the Board may designate in its sole and absolute discretion.
2. Delinquent: Any Assessment 4 Q ry paid when due is delinquent. When the account of an Owner li remains delinquent until paid in full—including collection costs, inte ee 3. Late Fees & Interds ciation does not receive full payment of an Assessment by established by the Board, the Association may levy a late fee of fey ofthe Assessment from the due date therefore (or if there is no such d, then-Atshe rate of 6% per annum) until paid in full.
ent by established by the Board, the Association may levy a late fee of fey ofthe Assessment from the due date therefore (or if there is no such d, then-Atshe rate of 6% per annum) until paid in full.
‘ollection Costs: The defaulting Owner is liable to the Association for the cost orts, credit reports, certified mail, long distance calls, court costs, filing fees, and reasonable costs and attorney’s fees incurred by the Association in collecting the quency.
5. Insufficient Funds: The Association may levy a charge of $35 for any check returned to the Association marked “not sufficient funds” or the equivalent.
6. Waiver: Properly levied collection costs, late fees, and interest may only be waived by a majority of the Board.
21|/P ane i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-644 B. INSTALLMENTS & ACCELERATION C. PAYMENTS 22)\P 4 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 all remaining installments 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“ Association’s intent to accelerate the unpaid balance if the default is not timely cured upon partial payment by the Owner.
category, until that category is fully paid, reg checks, and the date the obligations arose: Delinquent assessments Current assessments © Attomey fees and costs asso elinquent assessments Other attorney’s fees Fines Any other a Oe sjatiew shall offer a payment plan to a delinquent Owner with a e (3) months and a maximum term of eighteen (18) months
and costs asso elinquent assessments Other attorney’s fees Fines Any other a Oe sjatiew shall offer a payment plan to a delinquent Owner with a e (3) months and a maximum term of eighteen (18) months q s plan is requested for which the Owner may be charged reasonable administra re Ss and interest. The Association will determine the actual term of each efityplan Offered to an Owner. An Owner is not entitled to a payment plan if the Owner 38 fama a previous payment plan in the last two (2) years. If an Owner is in default imeNife Owner submits a payment, the Association is not required to follow the plication of payments schedule set forth in paragraph C-1.
moaoge 2. Payment Plans.
minimum term 6 of Payment: The Association may require that payment of delinquent Assessments be ade only in the form of cash, cashier’s check, or certified funds.
4. Partial and Conditioned Payment: The Association may refuse to accept partial payment (Le., less than the full amount due and payable) and payments to which the payer attaches conditions or directions contrary to the Board’s policy for applying payments. The Association’s endorsement and deposit of a payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the Owner’s woe i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-645 account. If the Association does not accept the payment at that time, it will promptly refund the payment to the payer. A payment that is not refunded to the payer within thirty (30) days after being deposited by the Association may be deemed accepted as to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent Assessments does not waive the Association’s
s to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent Assessments does not waive the Association’s right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations.
reporting the defaulting Owner to a credit reporting receipt of payment to the credit reporting service.
D. LIABILITY FOR COLLECTION COSTS the cost of title reports, credit reports, asonable costs and attorney’s fees The defaulting Owner may be liable to the Associati certified mail, long distance calls, filing feeg incurred in the collection of the delinge@de, E. COLLECTION PROCEDURES m time to time, the Association may delegate some e Board in its sole discretion deems appropriate, to the ttorney, or a debt collector.
Delegation of Collecgid gt timely received, the Association may pursue any or all of the Association’s at the sole cost and expense of the defaulting Owner.
fication of Owner Information: The Association may obtain a title report to determine fe names of the Owners and the identity of other lien-holders, including the mortgage company.
4. Collection Agency: The Board may employ or assign the debt to one or more collection agencies.
23|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-646 5. Notification of Mortgage Lender: The Association may notify the mortgage lender of the default obligations.
6. Notification of Credit Bureau: The Association may report the defaulting Owner to one or more credit reporting services.
7. Collection by Attorney: If the Owner’s account remains delinquent for a period of ninety (90) days, the manager of the Association or the Board of the Association shall réte
dit reporting services.
7. Collection by Attorney: If the Owner’s account remains delinquent for a period of ninety (90) days, the manager of the Association or the Board of the Association shall réte delinquent account to the Association’s attorney for collection. In the event a referred to the Association’s attorney, the Owner will be liable to the Associatig Association’s attorney will provide the following notices and take th« unless otherwise directed by the Board: a. Initial Notice: Preparation of the Initial Notice of account is not paid in full within 30 days (u provided by the Association, then b. Lien Notice: Preparation of the Liep Notice % record a Notice of Unpaid Assessme g 30 days, then c. Final Notice: Preparation of the Intent to Foreclose and N' paid in full within 30 days, tlte 8. Notice of Lien: a ide of Debt: If the board deems the debt to be uncollectible, the Board may otgficel the debt on the books of the Association, in which case the lation may report the full amount of the forgiven indebtedness to the Internal Reverfue Service as income to the defaulting Owner.
b? spension of Use of Certain Facilities or Services: 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 thirty (30) days.
F. GENERAL PROVISIONS 1. Independent Judgment: Notwithstanding the content of this detailed policy, the officers, directors, manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this policy.
24|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-647 25|Page i_5298036v.3 Other Rights: This policy is in addition to and does not detract from the rights of the
ctive judgment in applying this policy.
24|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-647 25|Page i_5298036v.3 Other Rights: 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: The Association, and 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 applicable law. If from any circumstances whatsoever, the Association eVe collects, or applies as interest a sum in excess of the maximum rate peny excess amount will be applied to the reduction of unpaid Assessments, Owner if those Assessments are paid in full.
Notices: Unless the Restrictions, applicable law, or this © or shown omthé Association’s records, or on personal delivery to the Owner. If the Associatie ecords show that an Owner’s property is owned by two (2) or more persons, >-Owner is deemed notice to all coOwners. Similarly, notice to iden? 4 ed notice to all residents. Written communications to the Association, is policy, will be deemed given on actual receipt by the Association’s pres#ffent? secretary, managing agent, or attorney.
Amendment of Polic be amended from time to time by the Board.
Doc-21308 Bk-OR VI-8565 Pg-648 PART VIII TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
RECORDS INSPECTION, COPYING AND RETENTION POLICY Terms used but not defined in this policy will have the meaning subscribed to the Restrictions, as amended.
A. WRITTEN FORM The Association shal! maintain its records in written form or in another fort
erms used but not defined in this policy will have the meaning subscribed to the Restrictions, as amended.
A. WRITTEN FORM The Association shal! maintain its records in written form or in another fort conversion into written form within a reasonable time.
writing and delivered to the Association), may submit a written rfq the Association’s mailing address or authorized representatwe \ certificate to access the Association’s records. The detail describing the books and records requested and copy the records. Upon receipt of a written rp associated with responding to each request, pursuant to Texas Administrative Code Section Mist include sufficient ner desires to inspect or plisiness day after the date the invoice is sent to the wner’s account as an assessment. If the estimated costs t, the Owner is entitled to a refund and the refund shall be than the thirtieth (30") business day after the date the final ovide the copies to the Owner.
Provide available inspection dates.
c. Provide written notice that the Association cannot produce 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.
ii. After a diligent search, the requested records are missing and cannot be located.
26(Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-649 B. 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. below), 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
rm of one (1) year or more (see item 4.b. below), 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 and all amendments thereto recorded in the prope Owner and/or Member of the Association.
3. Five (5) Years: Account records entries associated with amounts due Kept confidential such as personnel files, Owner account or other personal xcept addresses), unless the Owner requesting the records provides a court grney Files: Attorney’s files and records relating to the Association (excluding invoices quested by an 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.
b. Subject to production in a Jegal 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 27(|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-650 8.
28|Page i_5298036v.3 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.
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
rney-client communication.
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 rérkoved from the office without the express written consent of the Board.
\ ons SS AG Doc-21308 'Bk-OR VI-8565 Pg-651 PART IX TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC, COPYING CHARGES POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
An Owner requesting copies pursuant to the Restrictions is responsible for costs related compilation, production and reproduction of the books and records of the Association. Costs sha same as all costs under Texas Administrative Code Section 70.3, and are subject to increase T.A.C. Section 70.5 is amended. Any increase in costs provided for in Section 70.3 sf - hereby incorporated by reference for all purposes as if set forth verbatim. Relevant, T.A.C. Section 70.3 are below: A. COPY CHARGE |. Standard Paper Copy: The charge for standard papgr gopies reproduecd by means of an office machine copier or a computer printer is $.10 pe e or part bf a page. Each side that has recorded information is considered a page.
are to cover the materials onto which alsharges, including labor that may be rponstandard copies are: 2. Nonstandard Copy: The charges in this subse information is copied and do not reflect a Ki associated with a particular request Fhe Diskette - $1.00 "rR eT aos Oversize paper copy - $.50 (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper — see also §70.9 of this title)
"rR eT aos Oversize paper copy - $.50 (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper — see also §70.9 of this title) . Specialty paper — actual cost (e.g.: mylar, blueprint, blueline, map, photographic) B. LABOR CHARGE FOR LOCATING, COMPILING, MANIPULATING DATA _ AND REPRODUCING PUBLIC INFORMATION a. The charge for labor costs incurred in processing a request for public information is $15 per hour. The labor charge includes the actual time to locate, compile, manipulate data and reproduce the requested information. A labor charge shall not 29, Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-652 be billed in connection with complying with requests that are for fifty (50) or fewer pages of paper records, unless the documents to be copied are located in a remote storage facility.
2. When confidential information 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 fifty (50), or fewer pages, unless th uest also qualifies for a labor charge pursuant to Texas Government Code, §552.261 (g)(1)'9r\2).
C. OVERHEAD CHARGE 1. Whenever any labor charge is applicable to a request, the Associg D fide in the charges direct and indirect costs, in addition to the specific labor pei | overhead charge would cover such costs as depreciation of cap) ntenance, repair utilities and administrative overhead. If the Associatio é Ecover such costs, a charge shall be made in accordance with the methodol ibed in paragraph three (3) of
epreciation of cap) ntenance, repair utilities and administrative overhead. If the Associatio é Ecover such costs, a charge shall be made in accordance with the methodol ibed in paragraph three (3) of this subsection. Although an exact calculation costs W will avoid complication in calculating such and will provide uniformity for charges made statewide.
2. An overhead charge shall not be Koa fo standard paper records.
st of miscellaneous supplies, such as labels, boxes, and other supplies used to thy quested information, may be added to the total charge.
OK Association may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.
F. ADVANCE PAYMENTS 1. The Association may require advance payment of the estimated costs of compilation, production, and reproduction of the requested information. If the estimated costs are lesser 30|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-653 31|/Page i_5298036v.3 or greater than the actual costs, the Association shall submit a final invoice to the owner on or before the 30th business day after the date the information is delivered. If the final invoice includes additional amounts due from the owner, the additional amounts, if not reimbursed to the Association before the 30th day after the date the invoice is sent to the owner, may be added to the owner’s account as an assessment. If the estimated costs exceeded the final invoice amount, the owner is entitled to a refund, and the refund shall be issued to the owner not later than the 30th business day after the date the invoice is sent to the owner. : o> ee Doc-21308 Bk-OR VI-8565 Pg-654 — PART X_TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
STATUTORY NOTICE OF POSTING AND RECORDATION OF
siness day after the date the invoice is sent to the owner. : o> ee Doc-21308 Bk-OR VI-8565 Pg-654 — PART X_TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
STATUTORY NOTICE OF POSTING AND RECORDATION OF ASSOCIATION GOVERNING DOCUMENTS Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
A. DEDICATORY INSTRUMENTS As set forth in Texas Property Code Section 202.001, "dedicatory inst each document governing the establishment, maintenance or operatioy subdivision, planned unit development, condominium or townhouse similar planned development. The term includes the declaratio subjecting rea! property to: ar\instrument 1. Restrictive covenants, bylaws, or similar instrum gover, € administration or operation of a property Owners' Association, 2. Properly adopted rules and regulations of the preperty Owners’ Association.
struments, rules, or regulations, or as ” 3. All lawful amendments to the coyenantf, otherwise referred to in this noticed é 4. Recordation of al) Ggverr ts: The Association shall file all of the governing documey OR eal) property records of each county in which the property to whjc 8 relate is located. Any dedicatory instrument comprising on¢ documents of the Association has no effect until the instrument is in Sccdxdance with this provision, as set forth in Texas Property Code Sectio eufients relating to the Association or subdivision and filed in the edrecords, available on a website if the Association has, or a management on behalf of the Association maintains, a publicly accessible website.
i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-655 PART XI_ TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
STATUTORY NOTICE OF CONDUCT OF BOARD MEETING
ation maintains, a publicly accessible website.
i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-655 PART XI_ TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
STATUTORY NOTICE OF CONDUCT OF BOARD MEETING Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
law.
A. DEFINITION OF BOARD MEETINGS 1. As set forth in Texas Property Code Section 209.005 1,fbpard m g” means: a. A deliberation between a quorum of, and another person, during which As takes formal action; but does not in Board, en a quorum of the Board ion business is considered and the Board eetings must be open to Owners. However, the Board has the te and reconvene in closed executive session to consider actions Enforcement actions e. Confidential communications with the Association’s attorney f. Matters involving the invasion of privacy of individual Owners, or matters that are to remain confidential by request of the affected parties and agreement of the Board.
2. Following an executive session, any decision made by the Board in executive session must be summarized orally in general terms and placed in the minutes, without breaching the privacy of individual Owners, violating any privilege, or disclosing information that was to remain 33|P ane i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-656 confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.
C. LOCATION Except if otherwise held by electronic or telephonic means, a Board meeting must be held in the county in which all or a part of the property in the subdivision is located or in a county adjacent to that county, as determined in the discretion of the Board.
D. RECORD/MINUTES E. NOTICES
ld in the county in which all or a part of the property in the subdivision is located or in a county adjacent to that county, as determined in the discretion of the Board.
D. RECORD/MINUTES E. NOTICES 1. Members shall be given notice of the date, special board meeting, including a,geneyl/dgscrigt deliberation in executive session. ize gal) € in a conspicuous manner reasonably designed to provide sociation members in a place located on the Association’s rea property or on any website maintained by the Association.
ef’s duty to keep an updated email address registered with the Association. The establish a procedure for registration of email addresses, which procedure may be the Board recesses a regular or special Board meeting to continue the following regular business day, the Board is not required to post notice of the continued meeting if the recess Is taken in good faith and not to circumvent this section.
4. If aregular or special Board meeting is continued to the following regular business day, and on that following day the Board continues the meeting to another day, the Board shall give 34|Pape i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-657 notice of the continuation in at least one manner as set forth above within two (2) hours after adjourning the meeting being continued.
F. MEETING WITHOUT PRIOR NOTICE 1. A Board may meet by any method of communication, including electronic and telephonic, without prior notice to Owners if each director may hear and be heard and may take action by notice to Owners under Paragraph 5 above consider or vote on: Fines Damage assessments Initiation of foreclosure actions Initiation of enforcement actions, excludin restraining orders or violations involving a threat to healt fety Increases in assessments Levying of special assessments
Initiation of foreclosure actions Initiation of enforcement actions, excludin restraining orders or violations involving a threat to healt fety Increases in assessments Levying of special assessments . Appeals from a denial of c h. A suspension of a right of a fart attend a Board meeting issue eo FS e > and-fegulations of the Association §sing the amount of regular assessments Electing non-developed Board members of the Association or establishing a process by which those members are elected.
Changing the voting rights of members of the Association.
35|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-658 PART XII_ TEMPLE DEERFIELD HOMEOWNERS ASSOCIATION, INC.
STATUTORY NOTICE OF ANNUAL MEETING, ELECTIONS AND VOTING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in the Restrictions, as amended.
Note: Texas statutes presently render null and void any restriction in the Declarati restricts or prohibits annual meetings, certain election requirements, voting proce, conduct related to annual meetings, elections and voting in violation of the cont of the Texas Property Code or any other applicable state law.
A. MEETINGS 1. Annual Meetings Mandatory: As set forth in Texas Association is required to call an annual meeting of the } B. ELECTIONS 1. Notice of Election or Association os a. Mail a notice to each pro; pater than the tenth (10") day or earlier than the sixtieth (60") day I f the meeting.
Provide at lq ) hours before the start of the meeting by posting the anner reasonably designed to provide notice to property Members: On any Internet website maintained by the Association or other Internet media.
iii. By sending the notice by email to each Owner who has registered an email
gned to provide notice to property Members: On any Internet website maintained by the Association or other Internet media.
iii. By sending the notice by email to each Owner who has registered an email address with the Association. (It is an Owner’s duty to keep an updated email address registered with the property Owner’s Association).
2. Election of Board Members: Except during any development period established in the Declaration (see paragraph 9 below), any Board Member whose term has expired must be elected by Owners in the Association. A Board Member may be appointed by the Board only to fill a vacancy caused by a resignation, death, or disability. A Board Member appointed to fill a vacant position shall serve the unexpired term of the predecessor Board Member.
36(Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-659 — 3. Eligibility for Board Membership: Except during any development period established in the Declaration (see paragraph 9 below), the Association may not restrict an Owner’s right to run for a position on the Board. If the Board is presented with written and documented evidence from a database or other record maintained by a governmental law enforcement authority that a Board Member has been convicted of a felony or crime involving moral turpitude, the Board Member is then immediately ineligible to serve on the Board, automatically considered removed from the Board, and prohibited from future service on the Board.
C. VOTING 1. Right to Vote: Except during any development period established in the paragraph 9 below), any provision in the Association’s governing do disqualify an Owner from voting in an Association election of BoarthNe 2. Voting Quorum: The voting rights of an Owner may b In person or by proxy at a meeting of the By absentee ballot.
governing do disqualify an Owner from voting in an Association election of BoarthNe 2. Voting Quorum: The voting rights of an Owner may b In person or by proxy at a meeting of the By absentee ballot.
By electronic ballot.
ao 7 governing documents.
3. Written Ballots: Any vote cast } in writing and signed Oe In an Association-wide i Notwithstanding any contrary provision in the governing AssOsjation, “electronic ballot” means a ballot: i oO pail, facsimile or posting on a website.
CN h the identity of Owner submitting the ballot can be confirmed.
Fowhich the Owner may receive a receipt of the electronic transmission and receipt the Owner’s ballot.
electronic ballot is posted on a website, a notice of the posting shall be sent to each ner that contains instructions on obtaining access to the posting on the website.
5. Absentee or Electronic Ballots: An absentee or electronic ballot: a. May be counted as an Owner present and voting for the purpose of establishing a quorum only for items appearing on the ballot.
37(|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-660 b. May not be counted, even if properly delivered, if the Owner attends any meeting to vote in person, so that any vote cast at a meeting by an Owner supersedes any vote submitted by absentee or electronic ballot previously submitted for that proposal.
c. May not be counted on the final vote of a proposal if the proposal was amended at the meeting to be different from the exact language on the absentee or electronic ballot.
6. Solicitation of Votes by Absentee Ballot: Any solicitation for votes by absentee ballot must include: vote for or against each proposed action.
b. Instructions for delivery of the completed absentee ballot, in location.
this ability, please attend any meeting Ja person
by absentee ballot must include: vote for or against each proposed action.
b. Instructions for delivery of the completed absentee ballot, in location.
this ability, please attend any meeting Ja person and later choose to attend any meeti erson, in which case any in person vote will prevail.”
access to the ballots cagthn that ¢ election or vote may, { ay, not later than the fifteenth (15") day after the date of the was held, require a recount of the votes. A demand for a ignature confirmation service to the Association’s mailing address as reflected on thé latest management certificate.
b> person to the Association’s managing agent as reflected on the latest management certificate or to the address to which absentee and proxy ballots are mailed.
e Owner requesting the recount will be required to pay, in advance, expenses associated with the recount as estimated by the Association. Any recount must be performed on or before the thirtieth (30") day after the date of receipt of a request and payment for a recount is submitted to the Association for a vote tabulator as set forth below: a. Vote tabulator: At the expense of the Owner requesting the recount, the Association shall retain for the purpose of performing the recount, the services of a person 38 [Page 1_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-661 qualified to tabulate votes. The Association shall enter into a contract for the services of a person who: i. is not a Member of the Association Board within the third degree by consanguinity or affinity.
ii. is either a person agreed upon by the Association and any person requesting a recount, or is a current or former county judge, county elections administrator, justice of the peace or county voter registrar.
her a person agreed upon by the Association and any person requesting a recount, or is a current or former county judge, county elections administrator, justice of the peace or county voter registrar.
b. Reimbursement for Recount Expenses: If the recount changes the res election, the Association shall reimburse the requesting Owner for and remove Board Members and the Office Members or Officers elected by Members of the Association, other than the Board Association.
39|Page i_5298036v.3 Doc-21308 Bk-OR VI-8565 Pg-662 Bell County, Tx Shelley Coston County Clerk Document Number: 2013-21308 Recorded As : ERX-RECORDINGS Recorded On: May 21, 2013 Recorded At: 01:59:16 pm Number of Pages: 40 Book-VI/Pg: Bk-OR VI-856 Recording Fee: $163.00 Parties: RFIELD HOMEOWNERS ASSOCIATION Receipt Number: Processed f SS lissa Yoder (Parties listed above are for Clerks reference only) Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
| hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston Bell County Clerk Dat (