Connections

In order to maintain clean roads and perform necessary maintenance, pothole repair, road resurfacing and allow access for emergency vehicles, etc. parking on the roadways is not allowed. As defined in the RRC’s Section 2.02, The streets, roads and lanes shown on the Plats are dedicated to the restricted use of the public . . . Lanes are for the principal purpose of providing ingress and egress from the Lots which abut them: accordingly no cars or other vehicles shall be permitted to be parked or to stand nor shall other obstructions of any kind be permitted in such lanes. Also, as defined in RRC’s Section 4.01 (d), all dwellings must provide off-street parking for a minimum of two (2) vehicles.

Approved temporary parking: Visitors and Contractors are allowed.

In accordance with RRC’s Section 4.09, all lots must be kept in a well-maintained, sanitary and attractive condition. These conditions will be determined by the POA Board of Trustees.

Discretion is based on standards set by the Community.

Examples: the use of tarps to cover roofs or items stored on a lot should be temporary, color to blend with the surroundings and are prohibited for permanent use. Emergency repairs are excluded for a period of 30 days. No littering (includes disposal of cigarette butts), no dumping of lawn debris, shrubs, trees or any other trash on roads, in parks, greenbelts, lots, etc. is allowed.

a.      Sign a release acknowledging that should said spec home become occupied by the owner/builder or without a transfer of deed within five (5) years after completion of construction, any issued waiver will be rescinded, and all back assessments shall be due and payable immediately.

b.     Be current and permanently remain current on all assessments, charges, fines, or fees commensurate with property ownership on all lots to which the owner/ builder is a party to ownership. Failure to remain current on all lots to which the owner/ builder is a party to ownership will result in the waiver being rescinded and all back assessments becoming due and payable immediately.

c.      Have no outstanding deed restriction violations on any lot to which the owner/ builder is a party to ownership.

d.     Have approval for all plans pertaining to the spec home from the ACC.

e.      Be a foreclosed or delinquent lot at time of purchase.

f.       Not have more than 4 approved spec home projects at one time.

NOW THEREFORE, in order to comply with Texas Property Code Section 209.005(m), the Association hereby adopts the following Records Retention Policy:

The Association shall maintain its records as follows:

 Records not listed above are not subject to retention. Upon expiration of the retention date, the applicable records may be destroyed.

NOW THEREFORE, in order to comply with Texas Property Code Section 209.005, the Association hereby adopts the following Records Production Policy:

1.      Copies of Association Records will be available to all Owners upon their proper request and at their own expense. A proper request:

2.      Owners may request to inspect the Records OR may request copies of specific Records.

3.      If the Owner makes a request to inspect the Records, then the Association will respond within 10 business days of receipt of the request, providing the dates and times the Records will be made available and the location of the Records. The Association and the Owner shall arrange for a mutually agreeable time to conduct the inspection, and the Owner shall pay all labor costs associated with location and compilation of requested Records prior to commencement of said inspection. The Association shall provide the Owner with copies of specific documents requested during the inspection upon the Owner paying the Association the cost thereof.

4.      If the Owner makes a request for copies of specific Records, the Association shall, within 10 business days of receipt of the Owner’s request, send a response letter advising on the date that the requested copies will be made available (must be available within 15 business days of the response letter) and the cost the Owner must pay before the requested copies will be provided. Upon the Owner paying the cost of producing the requested copies, the Association shall provide the requested copies to the Owner.

5.      The Association hereby adopts a schedule of cost to reflect the cost dictated by Texas Administrative Code, Section 70.3 to be reviewed periodically for consistency with Texas Administrative Code, Section 70.3 and posted in the administrative office and available online.

6.      If the estimated cost provided to the Owner is more or less than the actual cost of producing the documents, the Association shall, within 30 days after providing the records, submit to the Owner either an invoice for additional amounts owed or a refund of the overages paid by the Owner.

7.      Unless authorized in writing or by court order, the Association will not provide copies of any records that contain the personal information of an Owner, including restriction violations, delinquent assessments, financial information, and contact information other than the Owner’s address.

No lot shall be used except for Single-Family RESIDENTIAL PURPOSES.  The term “residential purposes” as used herein shall be held and construed to exclude hospitals, clinics, nursing homes, licensed daycares, duplex houses, apartment houses, boarding houses, hotels, churches and all other commercial uses as all such uses of said property are hereby expressly prohibited.

It is permitted for Owners to lease a residence in the Subdivision, so long as tenants are leasing the entire land and improvements comprising the home site.  “Leasing” for purposes of these Consolidated Restrictions is defined as occupancy of a dwelling by any person other than the Owner, for which the Owner receives any consideration or benefit...All leases must be in writing and shall contain such terms as the Board may prescribe from time to time.

a.      Definitions

b.     Renting or Leasing

c.      Term of Lease.  A Lease shall not permit rental of the Building Site and/or Single-Family Residence for any period less than one hundred eighty (180) consecutive and guaranteed days. 

d.     Single Family Residence.  Any Building Site and/or Single-Family Residence that is leased shall be leased only in its entirety; separate beds, rooms, floors, or other areas and structures, including but not limited to a garage, outbuilding, accessory building, or other similar structure, within a Building Site and/or Single-Family Residence may not be separately leased. Subleasing is prohibited.

e.      Criminal Background Check. An Owner shall have the sole and absolute responsibility to conduct a criminal background check on the Tenant and any occupants aged eighteen (18) or older who intend to reside in the Single-Family Residence under a Lease within forty-eight (48) hours prior to the commencement, renewal or month-to-month extension of a Lease.  An Owner shall perform a background check on each Tenant and occupant utilizing the name, date of birth, and social security number of the individual(s).  The Board, in its sole discretion, may request production of the criminal background check at any time.

f.       Copy of the Lease.  All Leases shall be written; no oral Leases shall be permitted.  Owners shall complete a “Tenant Information Form” providing information about the tenants.  The “Tenant Information Form” will be made available by the Association’s managing agent. 

g.     Tenants Bound.  All provisions of the Dedicatory Instruments (as same is defined in the Texas Property Code) applicable to the Property and Owners, shall also apply to all Tenants, which shall include the single family occupying the Building Site and/or Single-Family Residence, their guests and invitees.  Every Owner shall cause all Tenants to comply with the Dedicatory Instruments, and every Owner shall be responsible for all violations, losses, or damages caused by a Tenant, notwithstanding the fact that such Tenant is jointly and severally liable and may be sanctioned for any violation.  In addition to all other remedies available to the Association in the event of a violation by a Tenant, the Association may require that the Tenant be removed from and not be allowed to return to the subdivision and/or that any lease, agreement or permission given allowing the Tenant to be present be terminated. 

h.     Building Sites and/or Single-Family Residences occupied by an immediate family member of the Owner shall be excluded from application of this section.  Immediate family members are parents, siblings, or children of an Owner.

i.       Rules and Regulations. The Board of Directors has the authority to adopt reasonable rules and regulations related to leasing.

Once a Tenant Information Form has been completed and received by the Association managing agent, the Tenant will be provided with decals authorizing vehicular access for those automobiles owned by the Tenant at the administrative offices of the Association. 

Decals will be affixed to the vehicle directly by the administrative staff and will only be provided for those vehicles registered and/or insured to the Tenant. 

The approved decals will be replaced as determined by the Board each year.  If any application criteria listed above fails to be maintained, a new decal will not be issued.

Use of E Tag will be in accord with procedures announced for Tenants.

In accord with POA Policy 1.01 (f) a Tenant Information Form must be on file for the use of the facilities without the Owner present.  To allow the Tenant to use the amenities as a guest of the Owner, the Owner shall sign a release of amenities form giving his rights to use the amenities to the Tenants and provide the POA administrative office with a list of Tenants listed on the lease to be approved to use of the Amenities prior to any such use of the amenities by any Tenant. The Owner is responsible for the conduct and adherence to the rules of their Tenants.    

Tenants are not allowed to use MVR facilities and amenities unless approved by MVR.

Those Owners failing Section 7.01 will be considered in violation of RRC and subject to penalties accordingly.                                                                                

Those Tenants without proper decals for access will be charged $10.00 per weekly hang tag issued, after the first two weeks of residency.  This fee is non-refundable and non-prorated.  The charge will be placed on the Owner’s account.