DOC #2022008861 Pages 3 ACC DENIAL AND APPEAL HEARING POLICY, All terms used herein that are defined in Chapter 209 of the Texas Property Code shall have the meaning as defined in the statute.
Section 209.00505 of the Texas Property Code was added to provide a new Architectural Review Authority to review owner applications for improvements to their property in property owners’ associations. These new changes also outline procedures for notifying an owner of a denial of a submitted architectural application and permitting an appeal of a decision by the architectural review authority denying or requesting modifications of an application.
The: Association hereby adopts and imposes on the Association the following policies, rules, and regulations: eevee cman psig Hee = 1. A-written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery.
a. The denial notice will describe the basis for the denial in reasonable detail and describe E changes, if any, to the application or improvements required as.a condition to approval.
a b. The denial will inform.the owner that the owner may request a hearing with the boardon or before the 30th day after the date the disapproval notice was mailed or delivered to the owner.
Ee oS 2. An owner requesting a hearing appealing a denial will request a hearing in writing by mail, electronic mail or. hand delivery. Such request must be delivered to the Association's address or electronic mail address provided on the most recently filed management certificate.
3. The board will hoid a hearing no later than the 30th calendar day after the date the board recelves the owner's request for a hearing and shall notify the owner of the date, time, and place of the
3. The board will hoid a hearing no later than the 30th calendar day after the date the board recelves the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th calendar day before the date of the hearing.
‘ a. Only one hearing is required.
4. During a hearing, the board or the designated representative of the association.and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial and/or the requested changes of the owner's application.
Ret anes Lee / 5. The board or the owner may request a postponement of the hearing. If requested, a postponement shail be granted for a period of not more than 10 days.
a. Additional postponements may be granted by agreement of the parties.
6. All hearings will be held in private. The board will consider and vote upon the outcome of the hearing in an open meeting for which notice was provided to the members.
a. The association or the owner may make an audio recording of the meeting.
en 8. The Association or managing agent will provide the owner with a written notice with their decision regarding the matter of the hearing.
RAMEN AES UR CHE MCRAE Oe He NAB RRO, SAREE OE, 8 va thd Me aeepyteet ta The board as appropriate, may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority.
CERTIFICATION “J, the undersigned, being a Director of the Woodhaven Forest Homeowners Association, Inc., hereby certify that the foregoing was adopted by at least a majority of Woodhaven Forest Homeowners Association, Inc. board of directors, al an open and properly noticed meeting of the board, at which a quorum of the board wes present.”
Print namei ly
ast a majority of Woodhaven Forest Homeowners Association, Inc. board of directors, al an open and properly noticed meeting of the board, at which a quorum of the board wes present.”
Print namei ly ACKNOWLEDGEMENT.
STATE OF TEXAS § COUNTY OF Montgomery § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that he is the person who signed the foregoing document in his representative capacity and that the statements contained therein are true and correct.
Given under my hand and seal of office this oot _. day of Geptenloey , 2021:;, KRISTEN WILBANKS =F » Notary 104133188584 B j My Commission Expires §: duly 2, 2025 : Doc #: 2022008861 E-FILED FOR RECORD 01/24/2022 01:05PM VA COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS, COUNTY OF MONTGOMERY | hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
01/24/2022 County Clerk Montgomery County, Texas Pages 3