07/02/2012 12:33:42 PM 201200189237 AM 1/3 THE WOODS ON PARK LANE HOMEOWNERS ASSOCIATION FIRST AMENDED AND RESTATED LEASING AND BACKGROUND CHECK POLICY STATE OF TEXAS § py 1.
COUNTY OF DALLAS § § WHEREAS, this First Amended and Restated Leasing and Background Check Policy ("Restated Policy") shall replace in its entirely the Leasing and Background Check Policy was recorded under Clerk's File Number 201200068955 of the Real Property Records of Dallas County, Texas; and WHEREAS, pursuant to the Declaration and Master Deed for The Woods on Park Lane, a Condominium, recorded under Vol. 82073, Page 1140 in the Condominium Records of Dallas County, Texas, as same has been or may be amended from time to time ("Declaration"), the Board of Directors of The Woods on Park Lane Homeowners Association ("Association") hereby adopts this Restated Policy for the purposes of establishing a uniform and systematic procedure for the leasing of property within the Association, and cia WHEREAS, the Board of Directors of the Association ("Board") has determined that it is in the best interest of the Association to establish this Restated Policy.
NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt this Restated Policy, which shall run with the land and be binding on all Owners and Occupants within The Woods on Park Lane. This Restated Policy replaces any previously recorded or implemented policy that addresses the subjects contained herein. All capitalized terms used herein shall have the meanings set forth in the Declaration, unless otherwise specified in this Restated Policy.
"Occupant" shall mean all current or future tenants of any Unit, or any other person, other than an Owner, who might in any manner utilize a Unit or the facilities with The Woods on Park Lane.
Un
icy.
"Occupant" shall mean all current or future tenants of any Unit, or any other person, other than an Owner, who might in any manner utilize a Unit or the facilities with The Woods on Park Lane.
Un FIRST AMENDED AND RESTATED LEASING Prohibited Crimes AND BACKGROUND CHECK POLICY Prohibited Crimes shall mean robbery or aggravated robbery; aggravated assault, murder, prostitution; criminal gang activity; discharge of firearms; gambling; manufacture, sale or use of drugs; and manufacture or sale of alcoholic beverages, or a crime related to sexual behavior that would require the Occupant to register as a sexual offender. No Occupant py Ade 2.
3.
may reside in a Unit if the individual has been convicted of a Prohibited Crime or is currently serving deferred adjudication for a Prohibited Crime. In the event that an Occupant is convicted or is placed into deferred adjudication for a Prohibited Crime, the Occupant shall immediately notify the Association in writing via certified mail return receipt requested. The Occupant must vacate the Unit within seven (7) days of his/her conviction or placement into deferred adjudication.
Unit Owner Responsibility of A Unit Owner shall have the sole and absolute responsibility to conduct a criminal background check on the Occupant within forty-eight (48) hours prior to the commencement, renewal or month-to-month extension of a lease of a Unit. A Unit Owner shall perform a background search on each Occupant utilizing the name, date birth, and social security number of the Occupant. The Board, in its sole discretion, may request production of the lease agreement or background check at any time. It shall be the sole responsibility of the Unit Owner to ensure that each Occupant of the Unit as setout
sole discretion, may request production of the lease agreement or background check at any time. It shall be the sole responsibility of the Unit Owner to ensure that each Occupant of the Unit as setout herein, is at all times in compliance with the terms of the Restated Policy set forth herein.
Enforcement All Unit Owners and Occupants shall comply with the terms of this Restated Policy.
Failure of a Unit Owner or Occupant to comply shall be grounds for action, which may include, without limitation, to recover sums due for damages, fines, injunctive relief and/or any other remedies as provided for in the Dedicatory Instruments (as defined by the Texas Property Code) or at law, or any combination thereof. In addition to all other remedies, the Board, in its sole and absolute discretion, may assess fines, in accordance with applicable law, against a Unit Owner or Occupant for failure of a Unit Owner or Occupant, his/her family, guests, invitees, lessees or employees, to comply the terms of this Restated Policy.
4.
Amount of Fines The Board may assess fines in accordance with applicable law, against the offending Unit Owner or Occupant on a per diem basis for the duration of the existence of the violation(s) of this Restated Policy. The amount of the fine shall be determined in the sole and absolute discretion of the Board. Any fines assessed against a Unit Owner or Occupant for a violation of this Restated Policy shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may otherwise be legally entitled.
CERTIFICATE OF SECRETARY I hereby certify that A/Taylor, as Secretary of The Woods on Park Lane Homeowners Association, the foregoing First Amended and Restated Leasing and Background Check Policy
ed.
CERTIFICATE OF SECRETARY I hereby certify that A/Taylor, as Secretary of The Woods on Park Lane Homeowners Association, the foregoing First Amended and Restated Leasing and Background Check Policy of The Woods on Park Lane Homeowners Association was approved on the June 22nd 2012, at meeting of the Board of Directors at which a quorum was present.
IN WITNESS WHEREOF, I have hereunto subscribed my name this the 2012.
June day of Print Name: I TAY/ STATE OF TEXAS COUNTY OF DALLAS cos cos cas § BEFORE ME, on this day personally appeared Ai the Secretary of The Woods on Park Lane Homeowners Association, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that she executed the same for the purposes herein expressed and in the capacity herein stated, and as the act and deed of said corporation.
nofficial Copy Given under my hand day of 2012.
Jane Have reenv Public State of Texas ASHLEY RENEE KEEHN My Commission Expires March 23, 2015 STATE OF TEXA Brady E. Ortego Roberts Markel Weinberg P.C.
2800 Post Oak Blvd., 57th Floor Houston, TX 77056 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 07/02/2012 12:33:42 PM $24.00 THE COUNT STATE OF DEDAHA 442 201200189237