DOC# 02253 RESTATED AND AMENDED RESOLUTION OF THE BOARD OF DIRECTORS OF YAUPON COVE PROPERTY OWNERS’ ASSOCIATION, INC. (The Board) CONERNING FINES AND ENFORCEMENT POLICY AND ASSESSMENT LIEN FILING POLICY (FOLLOWING THE ENACTMENT IN 2023 OF HB614 AND HB886) The Yaupon Cove Property Owners Association, LLC (The Association), pursuant to Texas Property Code §209.0061, adopts the following fines and enforcement policy with respect to levying of fines by the Association: 1. The Association may assess fines for the following violation of deed restrictions; a. Failure to pay annual membership dues b. Violation of deed restrictions, covenants, and conditions concerning the use of real property in Yaupon Cove (the “Restrictions”) Such restrictions, covenants, and conditions run with the land of each parcel of land in Yaupon Cove and were filed in the real property record of Polk County on August 28, 2023 (updated) at Volume 3, Page 35, and Volume 5, Page 8, Plat and/or Map Records for Polk County, Texas.
c. The Texas Property Code requires that the notice resulting in a fine and all subsequent fine notices be sent via certified mail which constitutes legal notice to the owner. Each owner is required to keep The Association notified of a current valid mailing address (one at which the owner receives certified mail without being forwarded).
d. A charge of $12.00 for each certified letter mailed will be charged to the homeowner's account to which the violation is cited. The Association and other compliant homeowners should not be responsible for paying charges incurred because of another homeowner's lack of compliance with the Restrictions.
Page lof4 March 15, 2024 2. Schedule of Fines: Table 1. Standard Fine Schedule General Deed Restriction Violations (Not Fine Per Violation
another homeowner's lack of compliance with the Restrictions.
Page lof4 March 15, 2024 2. Schedule of Fines: Table 1. Standard Fine Schedule General Deed Restriction Violations (Not Fine Per Violation Covered in Table ? $ Frequenc Violation 30-Day Warning Letter Non-Remedy of 30-Day letter 15-Day Warning Letter Non Remedy of 45-Day Time, Continuous Notitieation lerer es rtified Month Violation : Mail Fee Table 2. Specific Fines Per Deed Restrictions Covenants General Deed Restriction Violations (Not Covered in Table 1) Fine Per Violation (S$) Action Architectural (no application or violation of approved application/permit (Sections 8, 9 & 10 of SFHS and MHS dated 8/2017) 45-Day Warning Letter $100.00 Vehicle Violations (Sections 22 & 39 of SFHS and MHS dated 8/2017) 45-Day Warning Letter $50.00 + $35.00 per Every 45-Day Warning Letter hour for | Separate YCPOA to | Occurrence remed Landscaping - Front Yard Appearance (Sections 16 & 21 of SFHS and MHS dated 8/2017) Pets (nuisance, off-leash, smell, etc.)
(Section 18a, b, c, d of SFHS and MHS dated 8/2017) 45-Day Warning Letter Motor-Home Travel Trailer Request non-submission (Section 40 of SFHS and MHS dated 8/2017) 45-Day Warning Letter Motor-Home Travel Trailer Request - Immediate upon used as Residential (Section 40 of discovery - 10 days to $100.00 Day SFHS and MHS dated 8/2017) remove Room Rentals & Outside Buildings (sheds, tents, etc.) - used as residential (Section 7 & 14 of SFHS and MHS dated 8/2017) 8. Rental Notification Form - nonsubmission (Section 7 of SFHS and MHS dated 8/2017) Immediate upon discovery - 10 days to vacate $100.00 Day 45-Day Warning Letter $100.00 Page 2o0f4 March 15, 2024 3. Levying Procedure
on Form - nonsubmission (Section 7 of SFHS and MHS dated 8/2017) Immediate upon discovery - 10 days to vacate $100.00 Day 45-Day Warning Letter $100.00 Page 2o0f4 March 15, 2024 3. Levying Procedure Property Owners notified of a violation and/or assessment of a fine may request a hearing before the 30" day after assessment of fines. Such a hearing must be held within thirty (30) days of the notice of violations. Property owners may present evidence contesting the violation and fine. The Board shall render a decision within seven days of the hearing.
Decisions of The Board are final. The Board reserves the right to assess a fine from its Schedule of Fines.
4. Assessment of Liens The Board reserves the right to file liens against property for nonpayment of fines and/or Association dues pursuant to Texas Property Code § 209.0094, before The Association files a lien, lien affidavit, or any other lien enforcement evidencing nonpayment of an assessment, fine, or other sum owed to The Association. The Association will provide three separate monthly notices to the property owner: a. First Notice (first class mail or e-mail) b. Second notice (Certified Mail Return Receipt (CMRR)) at least 30 days after first notice, c. Third notice (CMRR) of assessment lien 10 days after second notice sent.
The Board reserves the right to add to a property owner’s account a fine, the cost of filing a lien and releasing a lien. A charge of $12.00 for each certified letter mailed will be charged to the homeowner's account to which the violation is cited. The Board will place liens on properties holding a past due account. The Board will place liens based on the length of time an account has been delinquent and amount unpaid.
Page 30f4 March 15, 2024
. The Board will place liens on properties holding a past due account. The Board will place liens based on the length of time an account has been delinquent and amount unpaid.
Page 30f4 March 15, 2024 The Board reserves the right to adjust fines on a case-by-case basis. This allows for flexibility and consideration of any unique circumstances.
The above resolution was unanimously adopted on March 15, 2024, by the Board of Directors of The Association.
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Po. bax 75s OnOIMSKY Tx FI3S6O D ECO. STATE OF TEXAS » COUNTY OF POLK FILED FOR RECOR 7 NX isc : iE 2’ ei oe ‘Siena hereby bets that the instrument was FILED ; ‘ f g umber sequence on the date and at th ti Mar 4 9 2024 1 2 44 ‘04 EN Heelies i oes was oly RECORDED in the ici Rabe ease and Page of the d Ri ty : eapriltidy horon by _ named RECORDS OF Polk County, Texas Settae pete 7 Salar Hochy Mar 19, 2024 POLK COUNTY CLERK COUNTY CLERK POLK COUNTY, TEXAS Page 4o0f4 March 15, 2024