is i Bk ¥ a tL STATE OF TEXAS § COUNTY OF HAYS § ADOPTION OF RULES AND REGULATIONS OF THE POLO CLUB AT ROOSTER SPRINGS HOME OWNERS ASSOCIATION. INC.
Covenants, Conditions, and Restrictions for The Polo Club_at Rooster Springs filed as Document No. 70026796 in the Official Public Records of Hays County, Texas (together with all amendments thereto, the “Declaration’’).
Reference is further made to those certain Amended and Restated Bylaws of The Polo Club at Rooster Springs Home Owners Association, Inc. filed as Document No. 70012593 in the Official Public Records of Hays County, Texas (together with all amendments thereto, the “Bylaws”).
Reference is further made to those certain Polo Club at Rooster Springs Home Owners Association. Inc.
Architectural Rules and Regulations filed as Document No. 05037602 in the Official Public Records of Hays County, Texas (cumulatively and together with any other rules and regulations of the Association, whether recorded or not, the “Rules”).
The Declaration provides that persons owning lots subject to the Declaration (“Owner” or “Owners”) are automatically made members of The Polo Club at Rooster Springs Home Owners Association, Inc. (the “ Association”); The Association is governed in accordance with the Declaration, Bylaws, and Rules (the “Governing Documents”); The Association, acting through its board of directors (the “Board”), is authorized to adopt and amend rules and regulations governing the Property subject to the Declaration; and The Board has voted to adopt the additional Rules as provided herein.
The following Rules are approved and adopted, to supplement the previously- adopted Rules: FABLE OF CONTENTS Section I. Flags Section II. Solar Energy Devices Section I. Rain Barrels and Rainwater Harvesting Devices
ules are approved and adopted, to supplement the previously- adopted Rules: FABLE OF CONTENTS Section I. Flags Section II. Solar Energy Devices Section I. Rain Barrels and Rainwater Harvesting Devices Section IV. Religious Displays Section V. Record Production Section VI. Record Retention Section VII. Payment Plans Section VOT. Voting Section IX. Notice of Board Meetings Section X. Email addresses Section XI. Transfer fees Section XT. General; Enforcement SECTION I. FLAGS General. State law permits Owners to display United States, Texas, and United States Military Service flags in certain manners and allows the Association to impose certain limitations on the display of these flags. This Section I shall apply only to the display of U.S., Texas, and U.S.
Military Service flags (the “Flags”). All other flag displays are subject to the provisions of the Governing Documents. In addition, State law permits the Association to impose restrictions on flagpoles. This Section I shall govern the number, nature, materials, and construction of flagpoles after the effective date of these Rules. Owners or residents, as the case may be, may install in accordance with this Rule either one flagpole or one residence-mounted flag mount of no more than six feet (6’) in length, but not both.
Prior Approval Required For Flagpoles. All flagpoles and related installations (e.g., flag lighting) must be approved in advance by the Association’s Architectural Committee (the “AC”). An Owner desiring to install a flag pole must submit plans to the AC for each installation, detailing the dimensions, type, location, materials, and style/appearance of the flagpole, lighting and related installations.
Flag Renditions. A pennant, banner, or other flag item that contains a rendition of a flag of the
, type, location, materials, and style/appearance of the flagpole, lighting and related installations.
Flag Renditions. A pennant, banner, or other flag item that contains a rendition of a flag of the United States, of the State of Texas and/or an official or replica flag of any branch of the United States armed forces does not qualify as a permitted Flag.
Additional Requirements Related to Flags.
(a) Flags must be displayed on an approved flag mount or flagpole. Flags may not be displayed in any other manner.
(b) Flags on a pole must be hoisted, flown, and lowered in a respectful manner.
(c) Flags must never be flown upside down and must never touch the ground.
(d) No mark, sign, insignia, design, or advertising of any kind may be added to a Flag.
(e) If both the U.S. and Texas Flags are displayed, they must be of approximately equal size.
(f) If the U.S. and Texas Flags are flown on one pole, the U.S. Flag must be the highest flag flown and the Texas Flag the second highest.
(g) Only all-weather Flags may be displayed during inclement weather.
(h) Flags must be no larger than 3’xS’ in size.
Materials and Appearance of Flag Mounts and Flag Poles. A flag mount attached to a dwelling or a freestanding flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the mount or flagpole and harmonious with the dwelling.
Additional Requirements for Flagpoles. The following additional requirements shall apply to flagpoles installed on Lots: (a) No more than one flagpole may be installed on a Lot; (b) The flagpole must be free-standing and installed vertically; (c) The flagpole must be no greater than 20 feet in height measured from grade level; and
than one flagpole may be installed on a Lot; (b) The flagpole must be free-standing and installed vertically; (c) The flagpole must be no greater than 20 feet in height measured from grade level; and (d) The location and construction of the flagpole must comply with applicable zoning ordinances, may not be located in any easements (including drainage easements), and comply with all setback requirements.
(e) Unless otherwise approved by the AC, the location of the pole must be within 10 feet of one of the side-most building lines of the home. The AC may require the pole to be installed on a particular side.
(f) No trees may be removed for pole installation.
Maintenance. An Owner is responsible for ensuring that a displayed Flag, flagpole, flag mount(s), lighting and related installations are maintained in good and attractive condition.
Noise Restrictions. An Owner must ensure that external halyards (hoisting ropes) used in combination with the flagpole do not create an unreasonable amount of noise.
“Grandfathered” Flag Displays. Any flags, flagpoles, flag mounts, or related installations displayed or installed prior to the date of adoption of these Rules are considered approved under this Section I, but ali installations thereafter must be approved pursuant to this Section I or will be considered in violation thereof. The Board shall make the final determination as to any question of grandfathered status.
SECTION II. SOLAR ENERGY DEVICES Conflict wi her Provisions. Per state law, this Section II controls over any provision in any other Association governing document to the contrary, including Declaration Section 3.15, to the extent of any conflict.
Prior Approval Required. An Owner may install solar energy devices only on property solely
iation governing document to the contrary, including Declaration Section 3.15, to the extent of any conflict.
Prior Approval Required. An Owner may install solar energy devices only on property solely owned and solely maintained by the Owner, and only in accordance with the restrictions provided herein. Owners may not install solar energy devices except in accordance with the restrictions provided herein. Prior to installation of any solar energy device, the Owner must submit plans for the device and all appurtenances thereto to the AC. The plans must provide an as-built rendering, and detail the location, size, materials, and color of all solar devices, and provide calculations of the estimated energy production of the proposed devices.
Definition. In this section, "solar energy device" means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. All solar devices not meeting this definition are prohibited.
Prohibited Devices. Owners may not install solar energy devices that: threaten the public health or safety; violate a law; are located on property owned by the Association; are located in an area owned in common by the members of the Association; or are located in an area on the property Owner’s property other than: i. on the roof of the home (or of another structure on the Owner’s lot allowed under the Association’s governing documents); or ii. ina fenced yard or patio owned and maintained by the Owner.
f. are installed in a manner that voids material warranties; g. are installed without prior approval by the governing architectural committee(s); or h. substantially interfere with the use and enjoyment of land by causing unreasonable
voids material warranties; g. are installed without prior approval by the governing architectural committee(s); or h. substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. This determination may be made at any time, and the governing architectural committee(s) may require removal of any device in violation of this requirement. The Board or AC may attempt to contact the Owners of adjoining and other properties in close proximity (adjoining properties will include all properties sharing a boundary line with the applicant, including those that would share a boundary line but for a street) and provide them with a copy of the plans and determine their opinion as to whether they might consider the device(s) an unreasonable interference with their use and enjoyment of their property.
SBOP a, extend no higher than or beyond the roofline; b. be located only on the back of the home — the side of the roof opposite the street. The AC may grant a variance in accordance with state law if the alternate location is substantially more efficient’; c. conform to the slope of the roof, and have all top edges parallel to the roofline; d. not have a frame, a support bracket, or visible piping or wiring that is any color other than silver, bronze, or black tone commonly available in the marketplace.
6. Limitations on Devices in a Fenced Yard or Patio. If the device is located in a fenced yard or patio, it may not be taller than the fence line.
7. Solar shingles. Any solar shingles must: a. Be designed primarily to: i. be wind and hail resistant; ii. provide heating/cooling efficiencies greater than those provided by customary composite shingles; or iti. provide solar generation capabilities; and
ed primarily to: i. be wind and hail resistant; ii. provide heating/cooling efficiencies greater than those provided by customary composite shingles; or iti. provide solar generation capabilities; and b. When installed: i, resemble the shingles used or otherwise authorized for use on property in the subdivision; ii. are more durable than and are of equal or superior quality to the shingles used or otherwise authorized for use on property in the subdivision; iii. match the aesthetics of the property surrounding the Owner’s property, SECTION II. RAIN BARREL AND RAINWATER HARVESTING SYSTEMS t. Rain Barrels and Rainwater Harvesting Systems. Owners may install rain barrels or rainwater harvesting systems only with pre-approval from the Association, and only in accordance with the restrictions described in this rule.
2. Prohibited Locations. Owners are prohibited from installing rain barrels or rainwater harvesting systems, or any part thereof, in the following locations: a. on property owned by the Association; b. on property owned in common by the members of the Association; or c. on property between the front of the Owner’s home and an adjoining or adjacent street.
3. Pre-Approval Required for All Rain Barrels or Rainwater Harvesting Systems. Prior to any installation of any rain barrel or rain harvesting system (or any part thereof), prior written permission must be received from the AC.
Owners wishing to install such systems must submit plans showing the proposed location, color(s), material(s), shielding, dimensions of the proposed improvements, and whether any part of the proposed improvements will be visible from the street, another lot, or a common area (and if so, what part(s) will be visible). The location information must provide information as to how far
t of the proposed improvements will be visible from the street, another lot, or a common area (and if so, what part(s) will be visible). The location information must provide information as to how far (in feet and inches) the improvement(s) will be from the side, front, and back property line of the Owner’s property.
4, Pre-Approved Materials. Rain barrels located in a side yard or visible from any other property, including another lot, the street, and the common area, must be made of galvanized steel or wood.
"If an alternate location increases the estimated annual energy production of the device more than 10 percent above the energy production of the device if located on the back of the home, the Association will authorize an alternate location in accordance with these rules and state law. It is the Owner’s responsibility to determine and provide sufficient evidence to the AC of all energy production calculations. All calculations must be performed by an industry professional.
eT Li02B761 GFR 4239 734 ne tds at Use of any other material in these locations requires prior written permission from the AC. All other aspects of the installation are subject to AC approval per paragraph (3) above.
Color and Other Appearance Restrictions. Owners are prohibited from installing rain barrels or rainwater harvesting systems that: a. are of acolor other than a color consistent with the color scheme of the Owner’s home; b. display any language or other content that is not typically displayed by such a barrel or system as it is manufactured; or c. are not constructed in accordance with plans approved by the Association.
Additional Restrictions if Installed in Side Yard or Improvements are Visible. If any part of the
as it is manufactured; or c. are not constructed in accordance with plans approved by the Association.
Additional Restrictions if Installed in Side Yard or Improvements are Visible. If any part of the improvement is installed in a side yard, or will be visible from the street, another lot, or common area, the Association may impose restrictions on the size, type, materials, and shielding of, the improvement(s) (through denial of plans or conditional approval of plans).
SECTION IV. RELIGIOUS DISPLAYS General. State law now permits Owners to display certain religious items in the Owner’s entry and further allows the Association to impose certain limitations on such entry displays. This Section IV shall apply only to the display of religious items in an Owner’s entry area. All other displays are subject to the provisions of the Governing Documents. Notwithstanding any other language in the Governing Documents to the contrary, Owners or residents, as the case may be, may display on the entry door or door frame of the Owner’s dwelling one or more religious items, subject to the restrictions set out in paragraph 2 below.
Prohibited Items. No religious item(s) displayed in an entry area may: a. threaten the public health or safety; b. violate a law; c. contain language, graphics, or any display that is patently offensive to a passerby; d. be located anywhere other than the main entry door or main entry door frame of the dwelling; e f.
extend past the outer edge of the door frame of the door; or have a total size (individually or in combination) of greater than 25 square inches.
Remedies for Violation of this Section. Pursuant to State law, if a religious item(s) is displayed in violation
or have a total size (individually or in combination) of greater than 25 square inches.
Remedies for Violation of this Section. Pursuant to State law, if a religious item(s) is displayed in violation of this Section, the Association may remove the offending item without prior notice. This remedy is in addition to any other remedies the Association may have under its other Governing Documents or State law.
Other displays, Non-religious displays in the entry area to an Owner’s dwelling and all displays (religious or otherwise) outside of the entry area to an Owner’s dwelling are governed by other applicable Governing Document provisions.
SECTION V. RECORD PRODUCTION Effective Date. Notwithstanding any language to the contrary and regardless of date of adoption of these rules, the effective date of this Section V is January 1, 2012.
Conflict with Other Provisions. Per state law, this Section V controls over any provision in any other Association governing document to the contrary.
Request for Records. The Owner or the Owner’s authorized representative requesting Association records must submit a written request by certified mail to the mailing address of the Association or authorized representative as reflected on the most current filed management certificate. The request must contain: a. sufficient detail to describe the books and records requested, and LiM28761 OFPR 4239 725 b. an election either to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records.
4. Timeline for record production.
a. Ifinspection requested. If an inspection is requested, the Association will respond within 10 business days by sending written notice by mail, fax, or email of the date(s) and times
ord production.
a. Ifinspection requested. If an inspection is requested, the Association will respond within 10 business days by sending written notice by mail, fax, or email of the date(s) and times during normal business hours that the inspection may occur. Any inspection will take place at a mutually-agreed time during normal business hours, and the requesting party must identify any books and records the party desires the Association to copy.
b. If copies requested. If copies are requested, the Association will produce the copies within 10 business days of the request.
c. Extension of timeline. If the Association is unable to produce the copies within 10 business days of the request, the Association will send written notice to the owner of this by mail, fax, or email, and state a date, within 15 business days of the date of the Association’s notice, that the copies or inspection will be available.
5. Format. The Association may produce documents in hard copy, electronic, or other format of its choosing.
6. Charges. Per state law, the Association may charge for time spent compiling and producing all records, and may charge for copy costs if copies are requested. Those charges will be the maximum amount thenallowed by law under the Texas Administrative Code. The Association may require advance payment of actual or estimated costs. As of July, 2011, the maximum permitted charges are: Paper copies - 10¢ per page CD - $1 per disc DVD - $3 per disc Labor charge for requests of more than 50 pages - $15 per hour Overhead charge for requests of more than 50 pages - 20% of the labor charge SBOP 7. Private Information Exempted from Production. Per state law, the Association has no obligation to provide information of the following types: Owner violation history
- 20% of the labor charge SBOP 7. Private Information Exempted from Production. Per state law, the Association has no obligation to provide information of the following types: Owner violation history Owner personal financial information Owner contact information other than the owner’s address Information relating to an Association employee, including personnel files aoe 8. Existing records only. The duty to provide documents on request applies only to existing books and records. The Association has no obligation to create a new document, prepare a summary of information, or compile and report data.
SECTION VI. RECORD RETENTION 1. Effective Date. Notwithstanding any language to the contrary and regardless of date of adoption of these rules, the effective date of this Section VI rule is January 1, 2012.
2. Record Retention. The Association will keep the following records for at least the following time periods: Contracts with terms of at least one year; 4 years after expiration of contract Account records of current Owners; 5 years Minutes of Owner meetings and Board meetings; 7 years Tax returns and audits; 7 years Financial books and records (other than account records of current Owners); 7 years Governing documents, including Articles of Incorporation/Certificate of Formation, mona gs Bylaws, Declaration, Rules, and all amendments; permanently Other records. Records not listed above may be maintained or discarded in the Association’s sole discretion.
SECTION VII. PAYMENT PLANS Effective date. Notwithstanding any language to the contrary and regardless of date of adoption of these rules, the effective date of this Section VII is January 1, 2012.
Eligibility for Payment Pian.
Standard payment plans. An Owner is eligible for a Standard Payment Plan (see Rule 2 below)
ion of these rules, the effective date of this Section VII is January 1, 2012.
Eligibility for Payment Pian.
Standard payment plans. An Owner is eligible for a Standard Payment Plan (see Rule 2 below) only if: a. The Owner has not defaulted under a prior payment plan with the Association in the prior 24-month period; b. The Owner requests a payment plan no later than 30 days after the Association mails certified mail, return receipt requested notice to the Owner under Property Code §209.0064 (notifying the owner of the amount due, providing 30 days for payment, and describing the options for curing the delinquency). It is the Owner’s responsibility to confirm that the Association has received the Owner’s request for a payment plan within this 30-day period. It is recommended that requests be in writing; and c. The Association receives the executed Standard Payment Plan and the first payment within 15 days of the Standard Payment Plan being sent via email, fax, mail, or hand delivered to the Owner.
Other payment plans. An Owner who is not eligible for a Standard Payment Plan may still request that the Association’s Board grant the Owner an alternate payment plan. Any such request must be directed to the person or entity currently handing the collection of the debt (i.e., the property manager or Association’s attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan, will be at the sole discretion of the Association’s Board.
Standard Payment Plans. The terms and conditions for a Standard Payment Plan are: a. erm. Standard Payment Plans are for a term of 6 months.
b. Payments. Payments will be made at least monthly and will be roughly equal in amount
terms and conditions for a Standard Payment Plan are: a. erm. Standard Payment Plans are for a term of 6 months.
b. Payments. Payments will be made at least monthly and will be roughly equal in amount or have a larger initial payment (small initial payments with a large balloon payment at the end of the term are not allowed). Payments must be received by the Association at the designated address by the required dates and may not be rejected, returned or denied by the Owner’s bank for any reason (i.e., check returned NSF).
c. Assessments and other amounts coming due during plan. The Owner will keep current on all additional assessments and other charges posted to the Owner’s account during the term of the payment plan, which amounts may but need not be included in calculating the payments due under the plan.
d. Additional charges. The Owner is responsible for charges related to negotiating, preparing and administering the payment plan, and for interest in the amount of the lesser of eighteen percent (18%) per annum or the maximum lawful rate, all of which shall be included in calculating the total amount due under the plan and the amount of the related Bk 11028741 GPR payments. The Owner will not be charged late fees or other charges related to the delinquency during the time the owner is complying with all terms of a payment plan.
e. Contact information. The Owner will provide relevant contact information and keep same updated.
f. Additional conditions. The Owner will comply with such additional conditions under the plan as the Board may establish.
g. Default. The Owner will be in default under the plan if the Owner fails to comply with any requirements of these rules or the payment plan agreement.
ions under the plan as the Board may establish.
g. Default. The Owner will be in default under the plan if the Owner fails to comply with any requirements of these rules or the payment plan agreement.
Account Sent to an Attorney/Agent for Formal Collections. An Owner does not have the right to receive a Standard Payment Plan once his account is sent to an attorney or other debt collector for formal collection action. Once an account is sent to an attorney or agent for collection, the delinquent Owner must communicate with that attorney or agent to arrange for payment of the debt, and the decision to grant or deny the Owner an alternate payment plan, and the terms and conditions of any such plan, is solely at the discretion of the Board.
Default. If the Owner defaults under any payment plan, the Association may proceed with any collection activity authorized under the governing documents or state law without further notice.
If the Association elects to provide notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. All late fees and other charges that otherwise would have been posted to the Owner’s account may also be assessed to the Owner’s account in the event of a default.
Any payments received during a time an Owner is in default under any payment plan may be applied to out-of-pocket costs (including attorneys fees for administering the plan), administrative and late fees, assessments, and fines (if any), in any order determined by the Association, except that fines will not be given priority over any other amount owed but may be satisfied proportionately (e.g. a $100 payment may be applied proportionately to all amounts owed, in proportion to the amount owed relative to other amounts owed).
er any other amount owed but may be satisfied proportionately (e.g. a $100 payment may be applied proportionately to all amounts owed, in proportion to the amount owed relative to other amounts owed).
Board Discretion. To the extent allowed by law, the Association’s Board may vary the obligations imposed on Owners under these rules on a case-by-case basis as it may deem appropriate and reasonable. No such action shall be construed as a general abandonment or waiver of these rules, nor vest rights in any other Owner to receive a payment plan at variance with the requirements set forth in these rules.
Legal Compliance. These payment plan rules are intended to comply with the relevant requirements established under Texas Property Code §209. In case of ambiguity, uncertainty, or conflict, these rules shall be interpreted in a manner consistent with all such legal requirements.
SECTION VII. VOTING Conflict with Other Provisions. Per state law, this Section VII controls over any provision in any other Association governing document to the contrary, including Bylaws Section 5.06, to the extent of any conflict.
Voting Methods. In addition to voting methods allowed by the Association’s governing documents, notwithstanding any language in the governing documents to the contrary, per state law, the Board of directors of the Association may in its discretion allow voting rights of owners to be exercised in any one or more of the following manners: in person, by proxy, by absentee ballot, or by electronic ballot.
Vig] 42a¢ Vs TINS? 61 OP 3. Form of Proxy or Ballot. The Board may dictate the form for all proxies, ballots, or other voting instruments or vehicles. No form other than the form put forth by the Board will be accepted.
61 OP 3. Form of Proxy or Ballot. The Board may dictate the form for all proxies, ballots, or other voting instruments or vehicles. No form other than the form put forth by the Board will be accepted.
4. Absentee and Electronic Ballots. Any absentee ballot must contain notice language as required by state law. Any absentee or electronic ballot will be counted for quorum purposes only for items appearing on the ballot. Any vote cast at a meeting of the Association will supersede any absentee ballot or electronic ballot submitted by the Owner for that proposal. Any vote cast by absentee or electronic ballot will not be counted if the proposal voted on differs from the exact language on the absentee or electronic ballot.
SECTION IX. NOTICE OF BOARD MEETINGS 1. Effective Date. Notwithstanding any language to the contrary and regardless of date of adoption of these rules, the effective date of this Section IX below is January 1, 2012.
2. Conflict with Other Provisions. Per state law, this Section [IX control over any provision in any other Association governing document to the contrary, including Declaration Section 9.03 and Bylaws Sections 3.04 through 3.06, to the extent of any conflict.
3. Notice of Board Meetings. Except as otherwise provided in these rules, all regular and special Board meetings must be open to Owners, and notice of all regular and special Board meetings will be given either: a. By mail to all Owners, at least 10 but no more than 60 days in advance of the meeting; OR b. By, at least 72 hours in advance of any meeting: i. either posting notice in a conspicuous place in the common area (or with the Owner’s permission, a conspicuous place on a private lot), or on an Association website, and
in advance of any meeting: i. either posting notice in a conspicuous place in the common area (or with the Owner’s permission, a conspicuous place on a private lot), or on an Association website, and ii. emailing notice to all Owners who have registered their email address with the Association in accordance with these rules.
Notice pursuant to this section must contain the date, hour, place, and general subject of the meeting, including a general description of any matter to be brought up in executive session.
4. Exception to Notice Requirement. The notice described in (3) above is not required if: c. The Board meets by telephone, email, or in any alternate manner whereby all directors speak their opinion and are heard (or the opinion/discussion can be read via email) by all other directors; d. The Board acts by unanimous written consent on routine or administrative matters; or e. The meeting is necessary to address an urgent or emergency situation that requires immediate action.
However, notice must be given per paragraph (3) above for any meeting at which the Board takes formal action (takes a binding vote) regarding: levying a fine; levying a damage assessments; initiation of foreclosure actions; initiation of enforcement actions (except for temporary restraining orders or violations involving a health or safety threat; increases in assessments; levying special assessments; appeals from denials of architectural control approval; or suspending rights of an Owner before the Owner has an opportunity to appear before the Board.
5. Summary of Actions Taken Without Board Meeting. Board actions taken without notice given under paragraph (3) must be summarized orally at the next Board meeting for which notice under
re the Board.
5. Summary of Actions Taken Without Board Meeting. Board actions taken without notice given under paragraph (3) must be summarized orally at the next Board meeting for which notice under paragraph (3) is given, including a summary of any actual or estimated expenditures approved, and documented in the minutes of the next noticed Board meeting.
Definition of “Meeting”: Work Sessions. A meeting or other gathering at which one or more Board members is present is not a Board meeting for purposes of this rule unless formal action (a binding vote) is taken by the Board members at such meeting on behalf of the Association. For example, work sessions of the Board, provided no formal action is taken, do not require notice and need not be open to Owners.
Executive Session. The Board may adjourn a Board meeting and reconvene in a closed executive session for issues involving personnel matters, pending or threatened litigation, contract negotiations, enforcement actions, confidential attorney communications, matters involving the invasion of owners’ privacy, or matters that are to remain confidential by request of the affective parties and agreement of the Board. Decisions made in executive sessions must be summarized orally in general terms, including any expenditures approved, and recorded in the minutes.
SECTION X. EMAIL ADDRESSES Email Addresses. An Owner is required to keep a current email address on file with the Association if the Owner desires to receive email communications from the Association. Failure to supply an email to the Association or to update the address in a manner required by these rules may result in an Owner not receiving Association emails. The Association has no duty to request
ilure to supply an email to the Association or to update the address in a manner required by these rules may result in an Owner not receiving Association emails. The Association has no duty to request an updated address from an Owner, in response to returned email or otherwise. The Association may require Owners to sign up for a group email, email list serve or other such email subscription service in order to receive Association emails.
Updating Email Addresses. An Owner is required to notify the Association when email addresses change. Such notice must be in writing and delivered to the Association’s managing agent by fax, mail, or email. The notice must be for the sole purpose of requesting an update to the Owner’s email address. For example, merely sending an email from a new email address, or including an email address in a communication sent for any other purpose other than providing notice of a new email address, does not constitute a request to change the Owner’s email in the records of the Association.
SECTION XI. TRANSFER FEES Transfer Fees. In addition to fees for issuance of a resale certificate, fees are due upon the sale of any property in accordance with the then-current fee schedule, including any fee charged by the Association’s managing agent.
SECTION XII. GENERAL; ENFORCEMENT Suspension of Privileges/Fines. In the event of a violation of the Declaration, Bylaws, or any rules and regulations of the Association, the Board of Directors, acting on behalf of the Association, in addition to any other remedies provided by the Declaration, Bylaws, or rules and regulations and remedies available pursuant to State statute or other law, may a. suspend or condition the right of an Owner and any tenants, occupants, or guests to
Declaration, Bylaws, or rules and regulations and remedies available pursuant to State statute or other law, may a. suspend or condition the right of an Owner and any tenants, occupants, or guests to use of facilities (including all or part of any common areas) owned, operated, or managed by the Association (See also Bylaws §3.08); b. record a notice of non-compliance encumbering the Lot; c. levy a damage assessment against a Lot for damages caused by Owners’ actions in violation of the Declaration, Bylaws, or Rules; d. levy late fees, collection costs and/or deed restriction enforcement costs (including attorneys fees) against a Lot ; 10 Ble Yolo F LiWee741 GER 4239 740 ida e. assess a fine against the Lot Owner and Lot for the violation of Owner, his tenants, occupants, or guests in an amount to be determined by the Board of Directors (See also Declaration §9.05); and f. enter onto an owner’s lot at any time in an emergency, or in a non-emergency after at least 24-hours written notice, without liability for trespassing and cure any violation of the governing documents and charge the costs of cure to the owner and Lot. (See also Declaration §5.05()).
The Association must comply with any notice requirements of state law. Owners are responsible for all violations of their occupants, tenants, guests, agents and invitees.
Any amounts charged to an Owner under these procedures may be collected in the same manner as regular assessments under the Declaration, including lien and foreclosure rights to the extent permitted by law. The association may foreclose the lien in any manner authorized by the governing documents or state law, and shall expressly have a power of sale and right to appoint a Trustee to carry out such sale.
The association may foreclose the lien in any manner authorized by the governing documents or state law, and shall expressly have a power of sale and right to appoint a Trustee to carry out such sale.
It is the owners’ responsibility to notify the association, in writing, when a violation has been cured so as to stop any fines from being assessed. Fines may continue to be assessed until the association receives this notice from the owner.
2. Attorneys Fees. The Association may assess reasonable attorneys fees to an Owner’s account for nonpayment of amounts due or other violations of the Declaration, Bylaws, or rules.
3. Non Waiver, The failure of the Association to enforce any provisions of the Declaration, Bylaws, rules, or procedures shall not constitute a waiver of the right to enforce the same thereafter. All remedies in the Declaration, Bylaws, and rules are cumulative and not exclusive.
4. Board decision to pursue enforcement action. The decision to pursue enforcement action in any particular case shall be left to the board’s discretion, except that the board shall not be arbitrary or capricious in taking enforcement action. For example, the board may determine that, in a particular case, (i) the association’s position is not strong enough to justify taking any or further action, or the board does not have sufficient evidence to pursue an enforcement action; (ii) the covenant or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; (v) it is not in the association’s best interest, based upon hardship, expense, or other
erial nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; (v) it is not in the association’s best interest, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action; or (vi) the issue is one more appropriately addressed by law enforcement or other governmental body, in which case the board may contact, or advise the complaining party to contact, law enforcement or the appropriate governmental body.
gt day on Alben be ( 2011.
APPROVED and ADOPTED this DZ THE POLO CLUB AT ROOSTER SPRINGS HOME OWNERS ASSOCIATION, INC.
Actin nd through its Board of Directors ” A : EAL SUT ity il HOB 744 ma Pe Acknowledgement STATE OF TEXAS § COUNTY OF Hays § ald _, 2011, This instrument was acknowledged before me on the in day of Kavemd ist Notary Public, State of Texas COLE EN MAE iE PaiMM Q Notoxy Public, Statect Teas if Ry Corenision Expres 1009-2012 After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 Fileserver: CLIENTS :PoloClub@RoosterSprings:RulesAmendPer201 1 LawClean10-06-11.doc 12 wo Et boot sad pT?
Hays County Liz Q. Gonzalez i County Clerk QUUIIUIIOGEIINNIN, sesso 70 2011 11028761 . Instrument Number: 2011-11028761 As Recorded On: December 13, 2011 OPR RECORDINGS Parties: POLO CLUB AT ROOSTER SPRINGS HOME OWNERS Billable Pages: 12 To Number of Pages: 13 Comment: ( Parties listed above are for Clerks reference only ) OPR RECORDINGS 60.00 Total Recording: 60.00
ed above are for Clerks reference only ) OPR RECORDINGS 60.00 Total Recording: 60.00 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 File Information: Record and Return To: Document Number: 2011-11028761 Receipt Number: 291239 NIEMANN & NIEMANN LLP Recorded Date/Time: December 13, 2011 04:20:32P 1122 COLORADO ST., STE. 313 Book-Vol/Pg: BK-OPR VL-4239 PG-729 AUSTIN TX 78701 User / Station: A Herzog - Cashering #1 ayy State of Texas | 4, \ HAV 4% Re ord oR County of Hays a %, oe eos . . .
so “Be I hereby certify that this instrument was filed for record in my office on the date and = oO: W2e time stamped hereon and was recorded on the volume and page of the named records = 23 842 of Hays County, Texas 28 igs 2 40 “heey gett S Bf toy “ty Th ww Liz Q Gonzalez, County CLerk Hr