DocuSign Envelope ID: 5ECA519E-5159-4C6A-A2FD-FCBDFE3FAC07 VILLAGE OF BISCAYNE BAY HOMEOWNERS ASSOCIATION, INC.
RESOLUTION NOTICE REGARDING FINES STATE OF TEXAS COUNTY OF BRAZORIA WHEREAS, Village of Biscayne Bay Homeowners Association, Inc., a Texas nonprofit corporation (the “Association”) is the governing entity for Village of Biscayne Bay, a Subdivision in Brazoria County, Texas (the "Subdivision"); and WHEREAS, the Association is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declaration for the Subdivision; and WHEREAS, in accordance with Declaration of Covenants, Conditions and Restrictions for Village of Biscayne Bay, recorded under County Clerk's File No. 2004034202 in the Official Public Records of Brazoria County, Texas ("Declaration"), the Board of Directors ("Board") of the Association has the authority to enforce restrictions, rules and regulations set out in the Dedicatory Instruments of the Village of Emerald Bay, including amendments thereto; and WHEREAS, the Association has the right, pursuant to the Declaration and other Dedicatory Instruments, to levy fines for violations of the restrictions, rules and regulations set out in the Dedicatory Instruments. The fines serve as an enforcement measure to obtain correction of violations; and WHEREAS, Section 209.0061 of the Texas Property Code includes requirements for homeowners' associations to levy fines, including adoption of a Fine Policy which specifies the applicable fines, enforcement steps, and hearing procedures should an owner contest the levy of a fine.
Said Fine Policy must be published annually; and WHEREAS, the Board has determined that in connection with enforcing the restrictions, rules
ring procedures should an owner contest the levy of a fine.
Said Fine Policy must be published annually; and WHEREAS, the Board has determined that in connection with enforcing the restrictions, rules and regulations set out in the Dedicatory Instruments, the Association will not levy fines at this time.
The Board reserves the right, at any time, to revise this Resolution Notice and adopt a Fine Policy at which time fines may be levied for violations of the restrictions, rules and regulations set out in the Dedicatory Instruments.
NOW, THEREFORE, in light of the foregoing and in compliance with the Texas Property Code, the Board hereby adopts this Resolution Notice through which the Board provides record notice to Owners that fines will not be levied by the Association at this time. This Resolution Notice in no way impacts the Board's right to levy fines in the future upon the adoption of a Fine Policy. This Resolution Notice shall serve as notice concerning fines required pursuant to the Texas Property Code.
SDG: VOBB-0001 Page 1 of 2 DocuSign Envelope ID: 5ECA519E-5159-4C6A-A2FD-FCBDFE3FAC07 CERTIFICATION I, the undersigned, being the President of the Village of Biscayne Bay Homeowners Association, Inc.
hereby certify that the foregoing Resolution Notice was adopted by at least a majority of the Village of Biscayne Bay Homeowners Association, Inc.'s Board of Directors at a properly noticed, open Board meeting, at which a quorum of the Board was present.
Approved and adopted by the Board of Directors on the 23rd day of January 2024.
STATE OF TEXAS COUNTY OF BRAZORIA S -DocuSigned by: Jennifer Doest JennifeDoest President of Village of Biscayne Bay Homeowners Association, Inc.
Before me, the undersigned authority, on this day personally appeared
COUNTY OF BRAZORIA S -DocuSigned by: Jennifer Doest JennifeDoest President of Village of Biscayne Bay Homeowners Association, Inc.
Before me, the undersigned authority, on this day personally appeared President of Village of Biscayne Bay Homeowners Association, Inc., a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of AFTER RECORDING, RETURN TO: IS SEARS BENNETT & GERDES, LLP 6548 GREATWOOD PKWY.
SUGAR LAND, TEXAS 77479 SDG: VOBB-0001 Notary Public, State of Texas 2024.
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