HOAproxy ← Williamson County Oak Brook Oa, Inc.

AOBO.GOV.xx. . Amended And Restated Fining Policy

Williamson County Oak Brook Oa, Inc. · 6 pages
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ELECTRONICALLY RECORDED 2023005275 Williamson County, Texas Total Pages: 6 AFTER RECORDING, PLEASE RETURN TO: Adam Pugh CAGLE PUGH 4301 Westbank Dr. Building A, Suite 150 Austin, Texas 78746 CERTIFIED RESOLUTION OF THE BOARD OF DIRECTORS WILLIAMSON COUNTY OAK BROOK OWNERS ASSOCIATION, INC.

AMENDED AND RESTATED FINING POLICY Cross reference that certain Declaration of Covenants. Conditions, and Restrictions Oak Brook, recorded in Volume 2704, Page 0753 in the Official Public Records of Williamson County, Texas 2023005275 Page 2 of 6 CERTIFIED RESOLUTION OF THE BOARD OF DIRECTORS WILLIAMSON COUNTY OAK BROOK OWNERS ASSOCIATION, INC.

AMENDED AND RESTATED FINING POLICY The undersigned, Marc I. Smith, as the duly elected, qualified, and acting President of Williamson County Oak Brook Owners Association, Inc., a Texas nonprofit corporation (the "Association"), hereby certifies on behalf of the Association that the following resolution was duly adopted by the Board of Directors of the Association (the "Boartf') at a meeting of the Board held on January 9, 2023, and that such preamble and resolutions have not been amended or rescinded and are in full force and effect on the date hereof; WHEREAS, Article VI, Sections 6.04(A) & I 0.08 of the Declaration of Covenants, Conditions, and Restrictions for Oak Brook (the "Declaration") grants to the Association authority to make and enforce rules within the Property; WHEREAS the Board desires to adopt the Amended and Restated Fining Policy set forth below; BE IT RESOLVED that the following fine schedule shall be the Association's policy and part of its enforceable rules: As used in this instrument the follQwing word and phrases shall have the following meanings: Restriction- A specific covenant,

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dule shall be the Association's policy and part of its enforceable rules: As used in this instrument the follQwing word and phrases shall have the following meanings: Restriction- A specific covenant, 1condition or rule in the Declaration, or any policy rule of the Association.

Violation -A violation shall be d~emed to have occurred if there is any noncompliance with the Declaration, adopted Rule or Policy. Violations by residents, tenants, or invitees shall be treated the same as a violation by the owner ofth~ property.

Notice-A written correspondence from the Association or its agent describing the Violation.

First Violation/Courtesy Notice -A Violation for which a Notice for the same or similar category of noncompliance has not been issued within the previous six ( 6) months.

Cure Period -A reasonable amount of time given to a property owner to resolve a Violation as stated in the Notice.

Corrective Action: Steps that an owner takes to resolve a Violation. Referred to as "affirmative action in Section 209.006(g) of the Texas Property Code.

Curable Violation: A Curable Violation can be remedied by Corrective Action on the part of the Owner. Curable Violations include but are not limited to: 2 • Parking violations • Maintenance violations • Failure to construct improvements or modifications in accordance with approved plans and specifications 2023005275 Page 3 of 6 • Ongoing noise violations such as dog barking.

Uncurable Violation: An Uncurable Violation is a condition not capable of being remedied by Corrective Action. Uncurable Violation include but are not limited to: • Shooting fireworks • An act constituting a threat to health or safety • Noise violations that are not continuing • Property damage, including the removal or alteration of landscape

e not limited to: • Shooting fireworks • An act constituting a threat to health or safety • Noise violations that are not continuing • Property damage, including the removal or alteration of landscape • Hosting a garage sale or other event prohibited by the Declaration, or any policy rule of the association The first incident of a curable violation of the Declaration or any policy rule of the Association ( a "Violation") shall result in a written courtesy notice delivered via mail to the property owner of record with no fine imposed. The cure time for a violation, unless otherwise specified by the Association at their sole discretion or required by state law, shall be within a reasonable amount of time after the of receipt of the courtesy notice, but in no instance will be longer than fifteen (15) days from receipt. This notice shall state that subsequent notices for the same violation category, issued within 6 months of the prior notice sent for that violation category, will incur a non-refundable certified mail charge.

Repeat violations of the same section of the Declaration or policy rule occurring within a 6month period, or uncured violations, shall incur fines in the following amounts, at a frequency of I every other week, unless otherwise specified by the Association at their sole and absolute discretion: 1st Violation/Courtesy Notice: Serit via regular mail; no Certified Mail Fee 2nd Violation: No Fine; Owner pays the Non-Refundable Certified Mail Fee 3rd Violation: Owner pays $25 Fi*e plus the Non-Refundable Certified Mail Fee 4th Violation: Owner pays $50 Fine plus the Non-Refundable Certified Mail Fee 5th Violation: $75 Fine plus the Non-Refundable Certified Mail Fee 6th Violation and thereafter: $100iFine plus the Non-Refundable Certified Mail Fee

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50 Fine plus the Non-Refundable Certified Mail Fee 5th Violation: $75 Fine plus the Non-Refundable Certified Mail Fee 6th Violation and thereafter: $100iFine plus the Non-Refundable Certified Mail Fee Uncurable violations are subject to immediate fines, fees, and enforcement action.

Certified mail fees for valid violations are non-refundable as they are a hard cost to the Association. See "Exhibit A" attached hereto for table of Fine Schedule.

The Association reserves its right to seek injunctive relief and damages at any time at its sole discretion. In the event an attorney is retained to enforce compliance or the collection of any money due to the association, Owner will be responsible for the payment of attorney's fees and/or costs of collection after the expiration of 30 days of the date you receive the initial notice if no hearing has been requested, or immediately after any such hearing provided the Board does not waive the fine(s).

This resolution was passed by a unanimous vote of the Board of Directors of the Association at a duly called and noticed meeting for that purpose on the date set forth below to be effective upon recording in the Official Public Records of Williamson County.

3 2023005275 Page 4 of 6 CERTIFICATE OF ADOPTION IN WITNESS WHEREOF, the undersigned has executed this Certificate as President of the Board on behalf of the Association to be effective upon the recording of this document in the Official Public Records of Williamson County, Texas.

Name: Pl lfl'lC-T S-/11. JC,. ----------~---Title: President STATE OF TEXAS § COUNTY OF WILLIAMSON §

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---Title: President STATE OF TEXAS § COUNTY OF WILLIAMSON § Owners Association, Inc., a Texas non-profit corporation, on behalf of said non-profit corporation.

JANEY MILLER Notary ID #2216177 My Commission Explr~, March 1. 2026 AFTER RECORDING, PLEASE RETURN TO: Adam Pugh CAGLE PUGH, LTD. LLP 4301 Westbank Drive, Ste. A-150 Austin, Texas 78746 4 2023005275 Page 5 of 6 Exhibit A Violation Type Fine Schedule First Curable Violation 1st Violation/Courtesy Notice $0 After the I st notice, additional notices are sent after each cure period if the violation has not been Subsequent Notices sent for same Violation resolved. category shall incur a non-refundable certified mailing charge.

Cure Periods for common violations is 15 days.

Repeat Curable Violation 1st Violation/Courtesy Notice Sent regular mail 2nd Notice After the I st notice, additional notices are sent after each cure period if the violation has nbt been 3rd Notice resolved, unless otherwise specified by the I Association. 4th Notice Uncurable Violation 5th Notice 6th Notice I st Notice $0 + cost of certified letter $25 + cost of certified letter $50 + cost of certified letter $75 + cost of certified letter $100 + cost of certified letter certified letter There is no cure period for this type of violation. * Amount of fine to be determined by the Board of Directors on a case-by-case basis.

5 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2023005275 Pages: 6 Fee: $42.00 LMUELLER Nancy E. Rister, County Clerk Williamson County,Texas 2023005275 Page 6 of 6