ELECTRONICALLY RECORDED 2018149846 TRV 8 PGS STATE OF TEXAS § COUNTY OF TRAVIS § AMENDMENT TO RULES AND REGULATIONS OF WINNERS CIRCLE OWNERS ASSOCIATION, INC.
Document reference. Reference is hereby made to that certain Enabling Declaration and Master Deed for the Establishment of a Condominium Regime for Winners Circle Travis County, Texas, filed at Vol. 9249, Pg. 315, in the Real Property Records of Travis County, Texas (the “Declaration”).
WHEREAS the Declaration provides that owners of condominium units subject to the Declaration are automatically made members of the Winners Circle Owners’ Association (the “Association”); WHEREAS the Association, acting through its Board of Directors (the “Board”), is authorized to adopt and amend rules and regulations governing the use of the Units and Common Elements further described in the Declaration, pursuant to Article 5, Section 5.01 of the Declaration and Section 82.102(a) of the Texas Uniform Condominium Act, and WHEREAS, the Board has voted to amend the Rules and Regulations to supplement the previously-adopted rules, such previously-adopted rules also filed of record herewith; THEREFORE, the Rules and Regulations attached hereto as Exhibit “A” have been, and by these presents are adopted. Unless otherwise stated all defined terms are as defined in the Declaration.
) att AGREED TO and ADOPTED the day of Bo i at 20 es .
WINNERS CIRCLE OWNERS ASSOCIATION Acting by and through its Board of Directors Exhibit A: Amendment to Rules Exhibit B: Rules previously-adopted Acknowledgement STATE OF TEXAS § L This instrument was executed before me on the YS day of ( aa , 20)k sby_ D aura 4. M rth “a in the capacity stated abov ageeat!
7 "Fayys re) 9, 3/27 [2S TSAR NG SUBMETERING
L This instrument was executed before me on the YS day of ( aa , 20)k sby_ D aura 4. M rth “a in the capacity stated abov ageeat!
7 "Fayys re) 9, 3/27 [2S TSAR NG SUBMETERING In order to promote water conservation and more equitably share costs associated with residential water usage, the Board of Directors may at its discretion implement submetered billing for water and wastewater/sewer. Submetered billing is contemplated by Declaration §6.01, which provides that any utilities submetered and billed to a Unit by the Association are considered a Special Assessment under the Declaration.
The Board has approved submetered utility service for all Units in the Association.
Written notice to owners shall be provided at least 30 days in advance of any institution of submetered utility billing. The association may retain the services of an agent to bill and collect submetered utility billings and retain associated records including those required by law or other applicable governmental regulation, on the Association’s behalf.
To the maximum extent allowed by applicable law or other governmental regulation and the Declaration and other deed restrictions, late fees, administration fees, surcharges and other fees! associated with submetered billings may be assessed to Units. Payment shall be due within 30 days of the date of invoice and considered late if not paid within that time.
Any disputes related to the computation of a Unit’s bill or the accuracy of any submetering device will be between the owner and the Association. An owner may, within 30 days after written rejection by the Association’s billing agent of the owner’s complaint, request a hearing before the Board to contest the bill. Owners may upon
e Association. An owner may, within 30 days after written rejection by the Association’s billing agent of the owner’s complaint, request a hearing before the Board to contest the bill. Owners may upon request in accordance with applicable governmental regulation receive information from the Association to verify the submetered billings.
The Association is responsible for all costs of installation and maintenance of the submeters as well as repairs to water lines and loss of water due to leaks from a line located externally beyond the point that the line enters a Unit.
Unit owners are responsible at owner expense for promptly taking any action reasonably necessary to enable the Association to institute and carry out submetering as contemplated by this rule. This may include without limitation installation of low-flow fixtures in Units and allowing the Association to access Units for leak audits required by governmental regulation.
1 See Texas Administrative Code Title 16, Part 2, Chapter 24, Subchapter H. At the time of adoption of this rule, the maximum charge for late payment is a one-time penalty of 5%, which is what will be charged for late payments.
Should this maximum charge change, the Association’s charge will automatically change to reflect the maximum charge allowed by governmental regulation, as amended.
ExB WINNERS CIRCLE CONDOMINIUMS RULES AND REGULATIONS These rules and regulations (“Rules”) have been adopted by the Board of Directors of Winners Circle Owners Association, Inc., (the “Association’”) pursuant to Section 4.3(b) of the Bylaws of the Association (the “Bylaws”), and Section 5.01(g) of the Enabling Declaration and Master Deed for the Establishment of a Condemnation Regime for Winners Circle, Travis County, Texas, which is recorded in Volume
ion (the “Bylaws”), and Section 5.01(g) of the Enabling Declaration and Master Deed for the Establishment of a Condemnation Regime for Winners Circle, Travis County, Texas, which is recorded in Volume 9249, page 315 of the Official Records of Travis County, Texas (the “Declaration”.
Terms, which are defined in the Declaration, shall have the same meaning when used herein.
The Board of Directors of the Association reserves the right to amend or revoke these rules or to adopt rules and regulations, at any time hereafter as permitted in the Bylaws and the Declaration. These Rules shall be binding upon all Owners, as well as their respective family members, invitees, employees, agents, assignees and subtenants.
The following rules and regulations shall apply to all owners and tenants of a Condominium Unit: 1. ASSESSMENT COLLECTION 1.1 Monthly Assessments are due on the 1* of each month and late if received after the 15" of each month.
1.2 When a payment becomes late, a reminder letter will be sent to the Owner.
1.3 If the delinquency continues for 30 days, a demand letter will be sent to the Owner advising that the account will be turned over to the Association’s attorney for collection if non-payment continues for another 30 days.
1.4 After the delinquency extends for a total of 60 days, the account will be turned over to the Association’s attorney to send a demand letter to the Owner advising that a Notice of Lien will be filed if non-payment continues for another 30 days.
1.5 After a total of 90 days, a Notice of Lien will be filed and the Board will consider additional collection remedies.
2. LEASES, TENANTS, AND GENERAL RULES 2.1 Owners must receive prior written consent of the Board before placing any FOR
f Lien will be filed and the Board will consider additional collection remedies.
2. LEASES, TENANTS, AND GENERAL RULES 2.1 Owners must receive prior written consent of the Board before placing any FOR RENT or FOR SALE sign in front of any Unit or on any Common Elements.
Only one sign per unit will be allowed inside the property and that will be located in the front yard of the Unit for sale or lease.
2.2 In the case of a lease, a copy of the lease agreement must be given to the Board of Directors prior to the tenant moving in, The Winners Circle Sale/Lease Addendum will be attached to all lease agreements so the Board is assured the tenant is aware of Winner Circle and Davenport Ranch Rule and Regulations.
2.3 Leases must extend for a period of at least 11 months.
2.4 No places of business may be listed or conducted in the Condominium Unit or Common Elements.
3. DAMAGE TO CONDOMINIUM UNITS 3.1 The Owner of a Condominium Unit shall be responsible for the cost of repairing any damage to or destruction of the Common Elements or any Condominium Unit caused by the Owner or the Owner’s family members, invitees, employees, agents, tenants, or subtenants. Any damage to a Condominium Unit or the Common Elements shall be immediately reported, in writing, by the Owner to the Board of Directors. Parents must keep children out of trees and shrubbery or other landscaping elements.
4, PETS 4.1 No more than two pets shall be kept in a Unit without the approval of the Board.
4.2 Pets must be kept on leashes at all times when outside of a Condominium Unit.
4,3 The Owner of a Condominium Unit shall be responsible for cleaning up any solid waste, etc. after any pet kept in that Owner’s Condominium Unit.
4.4 Written notice of pet nuisances will be given to the Board. A verbal request to
Unit shall be responsible for cleaning up any solid waste, etc. after any pet kept in that Owner’s Condominium Unit.
4.4 Written notice of pet nuisances will be given to the Board. A verbal request to correct the nuisance will be made to the Owner. Uncorrected nuisances will result in a fine of $25.00.
5. VEHICLES 5.1 PARKING RIGHTS / ASSIGNED PARKING A. Parking of vehicles within the Winners Circle Condominium Project is limited to the Unit Owners of Winners Circle and their tenants and visitors. Parking of all other vehicles within the Project is prohibited.
B. No vehicle may be parked in such a manner or area that obstructs the safe, free flow of vehicular traffic or obstructs the movement of other vehicles into and out of Unit driveways, the Designated Parking Areas, or the lanes of traffic.
C. Garage parking spaces and driveways are Limited Common Elements and are assigned to a specific Unit for reserved use by the Unit Owner. It is a violation of these Parking Rules and Regulations for any person other than the Unit Owner to make use of the reserved parking spaces without the consent of the Unit Owner to which the parking space is assigned. See Enabling Declaration and Master Deed for Winners Circle, Article I, Section 1.14.
5.2 DESIGNATED PARKING AREAS A. There are four separate Designated Parking Areas in the Project - located around and adjacent to the center island. There are a total of 21 parking spaces in these areas as designated by painted stripes on the asphalt surface.
B. All Designated Parking Area spaces shall be available on a first come, first serve basis, subject to the Parking Rules and Regulations contained herein.
C. Vehicles must be parked within the designated spaces provided and in such a
ces shall be available on a first come, first serve basis, subject to the Parking Rules and Regulations contained herein.
C. Vehicles must be parked within the designated spaces provided and in such a manner as to not obstruct other parking spaces or impede access.
D. No Unit Owner (which includes cumulatively, the Owner and the Owner’s tenants and visitors) shall regularly park more than two vehicles in the Designated Parking Areas without the prior written consent of the Board of Directors. For purposes of this provision, a vehicle is regularly parked if it continues to park in the Designated Parking Areas for nine hours or more each day during a period that exceeds seven consecutive days.
E. The Board of Directors may, from time to time, determine that some or all of the parking spaces in the Designated Parking Areas should be temporarily vacated for purposes of maintenance, repair or replacement of the Common Elements. Notice of the parking spaces to be vacated will identify those spaces and describe the beginning date and the period of time the spaces are to remain vacant. Notice will be provided at least three days prior to date of vacation by posting signs in the Designated Parking Areas, attaching a conspicuous notice to the front windshield of all vehicles parked in the Designated Parking Areas on the date of notice, and mailing a notice to all Owners in the Project. All vehicles within the identified spaces must be removed prior to the specified date.
5.3 PROHIBITED PARKING A. No trailer, camper, boat, mobile home, recreational vehicle, commercial vehicle, truck (other than standard size pickup truck), inoperable or stored motor vehicle, or similar equipment shall be permitted to remain upon any area within the
recreational vehicle, commercial vehicle, truck (other than standard size pickup truck), inoperable or stored motor vehicle, or similar equipment shall be permitted to remain upon any area within the Project, other than temporarily (for purposes of loading and unloading of passengers or personal property). See Enabling Declaration and Master Deed for Winners Circle, Article VIL, Section 7.03.
B. No parking of any vehicle is allowed on any Common Element area not designated for parking, including, but not limited to landscaped areas and space in front of mailboxes.
5.4 NOTICE OF VIOLATION AND ENFORCEMENT A. Any vehicle that is parked in violation of these Parking Rules and Regulations shall be deemed to be parked without permission of Winners Circle Owners Association, Inc. and subject to enforcement as provided in this Section 5.4 and the Enabling Declaration and Master Deed for Winners Circle.
B. The Owner of any prohibited vehicle not in compliance with these rules shall be notified of the violation by attaching a conspicuous notice of the violation to the front windshield of the vehicle (if reasonably accessible) and mailing a notice to the Owner. The notice will identify the particular violation, state the amount of proposed fine, if any, and contain a deadline date or time by which the vehicle must be moved. The length of time to cure the violation may vary depending on the nature of the violation and the risk to safety and property damage. Ifa fine is proposed, the notice will also state that the Owner may, within 30 days after the date of notice, request a hearing before the Board of Directors to contest the fine.
C. A $50.00 fine may be assessed by the Board of Directors for each day an Owner
wner may, within 30 days after the date of notice, request a hearing before the Board of Directors to contest the fine.
C. A $50.00 fine may be assessed by the Board of Directors for each day an Owner remains in violation after the deadline described in the above notice.
D. The Board of Directors shall have the right to enforce these Parking Rules and Regulations by all means authorized by law and the Enabling Declaration and Master Deed for Winners Circle, including the imposition of fines, and a cause of action to recover damages, injunctive relief, and attorney fees. See Enabling Declaration and Master Deed for Winners Circle, Article II, Section 2.03; Article V, Section 5.01; and Article IX, Section 9.01.
6. GARBAGE AND ITEMS LEFT IN COMMON ELEMENTS 6.1 All containers for garbage and trash shall be stored in the garage of a Condominium Unit when not in use. Further, the containers shall be placed outside the garage no earlier than 7 p.m. of the evening before trash collection, and be replaced in the garage as soon as possible thereafter.
6.2 A $10.00 fine (per occurrence) will be assessed for any clothing, trash, sports or personal equipment left in the Limited Common Elements by an Owner or other person. If the item(s) is not removed, within one week of the issuance of the fine, additional fines will be issued on a weekly basis.
6.3 Exterior cooking equipment, when in use, must be 15 feet from all combustible objects. After heat source has been completely extinguished the equipment may be returned to its place of storage, however it may not be stored in driveways, front lawns or anywhere that might diminish property values.
7. LANDSCAPING AND ALTERATIONS 7.1 No Owner or other person may remove or plant trees or shrubs in Winners Circle
t be stored in driveways, front lawns or anywhere that might diminish property values.
7. LANDSCAPING AND ALTERATIONS 7.1 No Owner or other person may remove or plant trees or shrubs in Winners Circle without written approval of the Board of Directors.
7.2 No Owner or other person may construct any alterations, additions, improvements, or fixtures to the exterior of a Condominium Unit without prior written consent of the Board of Directors.
7.3. The maintenance and insurance of exterior improvements, such as decks or fences, which have been approved by the Board of Directors, is the responsibility of the individual Owner. These improvements do not affect the percentage of ownership. The Association is responsible for the perimeter fence only.
7.4 Prior to the Board approving any significant changes to the exterior elevation or landscaping of any Unit the Owner requesting such changes must attempt to obtain written consent from his affected neighbors and submit written consent with request for change to the Board of Directors. In the case consent is not given, the individual must notify the Board in writing of the non-consent. All decisions shall ultimately be at the sole discretion of the Board.
Adopted February 22, 1993 - Board of Directors Approved: March 2, 1993 - Homeowners Association Modified: June 29, 1993 — Board of Directors Modified: April 5, 1994 - Homeowners Association Revised: January 9, 1996 - Board of Directors Revised: October 21, 1996 - Board of Directors Revised: August 26, 1998 - Board of Directors Revised: September 8, 1999 - Board of Directors Revised: February 13,2010 — Board of Directors Revised: February 25, 2016 - Homeowners Association Adopted and Approved by the Board of Directors effective the 6th of January, 2016.
FILED AND RECORDED
Revised: February 13,2010 — Board of Directors Revised: February 25, 2016 - Homeowners Association Adopted and Approved by the Board of Directors effective the 6th of January, 2016.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS Mitte Lb tetettttowr” *) DANA DEBEAUVOIR, COUNTY CLERK TRAVIS COUNTY, TEXAS September 21 2018 09:31 AM FEE: $ 54.00 2018149846