Connections

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or without a transfer of deed within five (5) years after completion of construction, any issued waiver will be rescinded, and all back assessments shall be due and payable immediately.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to remain current on all lots to which the owner/ builder is a party to ownership will result in the waiver being rescinded and all back assessments becoming due and payable immediately.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.

Now therefore, be it resolved that individual garage/ yard sales not falling under the qualifications of an estate sale or community wide yard sale, as defined herein, are prohibited.

The Board may permit community wide yard sale(s) to be held on an individual Owners’ property(ies) only during the date(s) and time(s) as designated and noticed by the Board. It is further resolved that any community wide yard sale so permitted may last no more than two days.

Upon application to the Association, estate sales, for the purposes of disposing of property due to death or a move, may be held upon approval by the Association’s administrative office. It is further resolved that any estate sale so permitted must last no more than two days and only signage approved by the Association will be allowed within the Subdivision.

Notwithstanding anything to the contrary hereinabove, the Association’s policy prohibiting garage sales shall otherwise remain in full force and effect.

Now therefore, be it resolved that the Association prohibits any fireworks other than those sponsored and provided by the Association and its affiliates.

Section 209.006 of the Texas Property Code refers to curable violations, uncurable violations, and violations which are considered a threat to public health or safety. The types of violations are addressed below.

1.      Curable Violations – By way of example and not in limitation, the Texas Property Code lists the following as examples of curable violations:

2.      Uncurable Violation – A violation that has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. By way of example and not in limitation, the Texas Property Code lists the following as examples of uncurable violations:

3.      Violation that is a Threat to Public Safety – Per the Texas Property Code, a violation that could materially affect the physical health or safety of an ordinary resident.

As provided in this Policy, there are two (2) enforcement procedures to be followed depending upon whether the violation is curable and does not pose a threat to public health or safety or whether the violation is uncurable and/or poses a threat to public health or safety.  If there is reasonable uncertainty as to whether a violation is curable or uncurable or a threat to public health or safety, the Board has the authority to make the determination and, therefore, to decide which enforcement procedure will be followed. Provided that, this Policy will not be construed to impose an obligation on the Board to pursue enforcement action with respect to a violation or alleged violation if the Board, in its reasonable good faith judgment, decides that enforcement action is not warranted or necessary.

If a violation is curable and does not pose a threat to public health or safety, the Owner will be given a reasonable period to cure the violation, as provided below. The time period given to an Owner may vary depending upon the violation and the difficulty involved or the effort required to cure the violation. The Board of Directors may, but is not obligated to, consider any special circumstance relating to the violation and the cost to cure the violation. The enforcement procedure for this type of violation is as follows:

1.      Courtesy Letter (Optional) – Upon verification of a violation, a courtesy letter may be sent to the Owner describing the violation and requesting that the Owner cure the violation within a stated time period. The Association is not required to send a courtesy letter.

2.      Violation Letter (Optional) – After the expiration of the time set forth in the courtesy letter, if a courtesy letter is sent, or as the initial notice, a violation letter may be sent to the Owner. Depending on the severity of the violation and/or the history of prior violations on the Owner’s Lot, the violation letter may be the first letter sent to the Owner. The Association is not required to send a violation letter. If sent, the violation letter will include:

3.      Demand Letter – Either upon initial verification of a violation, or after the expiration of the time period stated in the courtesy letter and/or violation letter, if sent, a demand letter may be sent to the Owner. The demand letter must be sent by certified mail or by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier. The demand letter must be sent to the Owner’s last known address as shown in the records of the Association, as well as by any other method that the Board determines will cause the demand letter to be received by the Owner. Depending on the severity of the violation and/or the history of prior violations on the Owner’s Lot, the demand letter may be the first letter sent (rather than a courtesy letter and/or a violation letter), as determined by the Board in its sole discretion.

4.      Content of the Demand Letter – The demand letter will include the following:

5.      Hearing Requested – If a hearing is properly requested by the Owner, the hearing will be held not later than the 30^th day after the date the Association receives the Owner’s written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10^th day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the “place” of the hearing for purposes of the notice.

6.      Hearing Packet – The Board shall include with the hearing notice, a hearing packet containing all documents, photographs, and communications relating to the matter which the Board intends to introduce at the hearing. If the Board fails to provide the hearing packet to the Owner at least ten (10) days before the hearing, the Owner is entitled to an automatic fifteen (15) day postponement of the hearing.

7.      Conducting the Hearing – During the hearing, a member of the Board or the Association’s designated representative shall first present the Association’s case against the Owner. An Owner, or an Owner’s designated representative is then entitled to present the Owner’s information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.

8.      Hearing Not Requested – If a hearing is not properly requested by the Owner, the violation must be cured within the time frame set forth in the demand letter.  Fines, suspension of the right to use the Common Areas, and other remedies available to the Association may be implemented after the expiration of the thirty (30) day time frame provided to the Owner to request a hearing.

9.      Remedies – The Owner is liable for, and the Association may collect reimbursement of, reasonable attorney’s fees and other reasonable costs incurred by the Association after the conclusion of a hearing, or, if a hearing is not requested, after the date by which the Owner must request a hearing.  Additionally, the Association may, but is not obligated to, exercise any self-help remedies set forth in the Declaration.  Further, the right to use the Common Areas may be suspended.

In addition to charging fines, as provided in Section 6, the Association reserves the right under the Governing Documents and under Texas law to file a suit for the recovery of damages and/or injunctive relief.

A notice of violation may also be recorded in the real property records if the violation is not cured within the specified time frame.

Upon initial verification of an uncurable violation and/or threat to public health or safety, a demand letter may be sent to the Owner. The demand letter must be sent by certified mail or by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier. The demand letter must be sent to the Owner’s last known address as shown in the Association’s records, as well as by any other method that the Board determines will cause the demand letter to be received by the Owner.

1.      Content of the Demand Letter – The demand letter will include the following:

2.      Hearing Requested – If a hearing is properly requested by the Owner, the hearing must be held not later than the 30^th day after the date the Association receives the Owner’s written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10^th day before the hearing. If a postponement of the hearing is requested by either the Association or the Owner, a postponement must be granted for a period of not more than ten (10) days. Any additional postponement may be granted by agreement of the parties. The hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic hearing shall be the “place” of the hearing for purposes of the notice.

3.      Hearing Packet – The Board shall include with the hearing notice, a hearing packet containing all documents, photographs, and communications relating to the matter which the Board intends to introduce at the hearing. If the Board fails to provide the hearing packet to the Owner at least ten (10) days before the hearing, the Owner is entitled to an automatic fifteen (15) day postponement of the hearing.

4.      Conducting the Hearing – During the hearing, a member of the Board or the Association’s designated representative shall first present the Association’s case against the Owner. An Owner or an Owner’s designated representative is then entitled to present the Owner’s information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.

5.      Remedies – Regardless of whether the Owner requests a hearing, fines, suspension of the right to use the Common Areas, and other remedies available to the Association may be implemented after mailing the demand letter. The Owner is liable for, and the Association may collect reimbursement of, reasonable attorneys’ fees and other reasonable costs incurred by the Association.  Additionally, the Association may, but is not obligated to, exercise any self-help remedies set forth in the Declaration. Further, the right to use the Common Areas may be suspended.

In addition to charging fines, the Association reserves the right under the Governing Documents and under Texas law, to file a suit for the recovery of damages and/or injunctive relief.

A notice of violation may also be recorded in the real property records should the violation not be cured within the specified time frame.

If an Owner has been given notice in accordance with Section 4.02 or Section 4.03 of this Policy in the preceding six (6) month period, notice is not required for the recurrence of the same or a similar violation. The Association may impose fines or suspend the Owner’s right to use the Common Areas without first sending another demand for compliance.

Subject to the notice provisions set forth in Section 3 or Section 4 of this Policy, as applicable, the Association may impose reasonable monetary fines against an Owner in accordance with the below schedule until the violation is cured if of a curable nature. Fines may be assessed for any violation of the Governing Documents, including but not limited to architectural violations, violations for using a lot in a prohibited manner, failure to take required action, and failure to maintain a lot or the structures thereon.

After notice as may be required by law, all violations will be subject to the following fine/suspension schedule, with the exception of ACC related violations as outlined below, unless specifically provided for in the RRC, Bylaws, or other dedicatory instruments. Should any conflict be found between this schedule and any other provision outlined in other dedicatory instruments, the more severe provision will apply provided it is in compliance with all state and federal statutes.

Pursuant to Section 209.0061 of the Texas Property Code, below is a schedule of fines for each general category of violation for which the Association may assess fines:

* Habitual offenders may be referred to the Board for further action as approved by the Board.

*ACC related violations occurring during an approved project, or any construction started without ACC approval will be subject to those charges and procedures outlined in the Complete ACC Policy Manual.

Fees assessed for Association action taken to cure or abate violations are charged in addition to any fines imposed as a result of said violation. Fees are assessed to cover the cost of Association action and are assessed on a per action basis.

1.      Mowing, Weedeating, or General Lawn Maintenance

2.      Debris and Trash Clean Up

3.      Dead Tree Removal

4.      Any other actions undertaken by the Association

Notwithstanding the foregoing and pursuant to Section 209.0061(c) of the Texas Property Code, the Board reserves the right to levy a fine from the schedule of fines that varies on a case-by-case basis. Specifically, the Board has sole and absolute discretion to set the amount of the fine (if any) as it reasonably relates to the violation of the Governing Documents, taking into account factors including, but not limited to, the severity of the violation and the number of Owners affected by the violation.  Any adjustment to this fine schedule by the Board shall not be construed as a waiver of the fine schedule or the Governing Documents. Any fine levied by the Association is the personal obligation of the Owner.

No more than three (3) lots may be consolidated. This condition applies only to the number of lots which may be consolidated but does not restrict the number of lots one may build upon.

All structures for lot consolidation must comply with the following policies and procedures set forth by the Property Owners Association Board of Trustees. In addition, this construction and all other construction on a lot shall comply with the Restrictions as set forth in the Consolidated Restated and Amended Reservation, Restrictions and Covenants for Westwood Shores, and all ACC and POA policies.

1.      NEW HOME CONSTRUCTION:

2.      ADDITIONS TO EXISTING HOMES: Must complement the existing home and cross the property lines of the adjoining lots to be consolidated as described below (excluding greenhouses and outdoor kitchens, please refer to ACC Policy Manual section 7.02-B).

All new construction requires ACC approval to begin work. Lot consolidation is a POA policy; lot consolidation affects POA finance and therefore requires POA approval.

1.      The plan is submitted to the ACC for approval of construction of the structure.

2.      The plan approved by the ACC is then submitted to the POA for “conditional” lot consolidation approval at the next POA Board meeting. Should the ACC have some questions about plan compliance with lot consolidation policy or wish to propose an exception (as may be done for a variance), the plan may be submitted to the POA with “conditional ACC approval.” After review, the POA Board will approve or deny the proposed plan for lot consolidation.

3.      Consolidation requires a separate application upon completion of construction as defined in the Complete ACC Policy Manual Section 4.02 (e).

4.      The consolidation application and completed structure are reviewed by Management. If the application and completed structure meet the above criteria, Management will grant approval for the deletion of Assessments the month following the consolidation approval and the Consolidated Lot will be subject to the Assessments of a Single Lot or Building Site. Any circumstances that do not meet the above criteria may be presented to the Board of Trustees for consideration as an appeal for deleting the additional Assessments.

5.      The Association reserves the right to unconsolidate any previously approved consolidation if the Owner alters the qualifying structure in any way from the original criteria through which consolidation was approved.

In accordance with the RRC’s Article 6, assessments are due on an annual basis. Upon request the POA currently allows payment on a monthly basis. A fee will be charged for any payment other than annual.

a.      Annual assessments shall be due and payable by the thirty-first day of January of each year.

b.     If paid monthly, assessments are due and payable on the first day of each month. Any assessments which are not paid by the last day of each month shall be assessed late charges.

Any account with an outstanding balance older than 30 days, regardless of the source of said balance with exception of previously accrued late fees (General Maintenance Assessments, Recreation Assessments, Townhome Assessments, fees, fines, sales, tax or any other legitimate duly authorized charge made to the Owner’s account) shall be deemed delinquent and be assessed a $25.00 late fee each month in which a balance meeting aforesaid criteria remains outstanding.

Calls may be made to Owner’s delinquent thirty (30) to ninety (90) days.

Once an account is delinquent 90 days, a certified demand letter may be sent via first class and certified mail specifying the total amount owed, any late fees accrued as of that date, and a breakdown of all outstanding amounts included in the total amount owed specifying assessments, sales tax, fees, fines, certified letter charges, and any other miscellaneous charges that may exist on the account. The letter will provide the Owner with notice of 45 days to dispute the validity of the entire or any portion of the debt, enter into an approved payment plan, or provide payment in full at the risk of being referred for further legal and/or collection action.

When an account reaches 120 days delinquency, a certified demand letter will be sent via first class and certified mail specifying the total amount owed, any late fees accrued as of that date, and a breakdown of all outstanding amounts included in the total amount owed specifying assessments, sales tax, fees, fines, certified letter charges, and any other miscellaneous charges that may exist on the account. The letter will demand payment in full within 45 days at the risk of being referred for further legal and/or collection action.

Upon expiration of said demand letter, if the account has not been brought current or the Owner has not entered into an approved payment plan, the account will be reviewed by the Association to determine the best course of action to further pursue said debt including but not limited to filing suit for personal judgment, referral to a collection agency or attorney, or filing of a letter of intent with Trinity County Appraisal District. The Association may determine other viable courses of action at its sole discretion based on the individual account and applicable state and federal laws at that time.

The Owner shall be responsible for all costs incurred as a result of collection actions taken due to delinquent assessments and shall be advised of such in every letter sent to said Owner.

WHEREAS, Chapter 209 of the Texas Property Code was amended, effective January 1, 2012, to add Section 209.0062, which requires the Association to adopt and record alternative payment schedule guidelines (“Payment Plans”) for assessments; and

WHEREAS, the Association, through its Board, is vested with discretionary authority concerning the rules and regulations contained herein; and

NOW THEREFORE, in order to comply with Texas Property Code Section 209.0062, the Association hereby adopts the following Payment Plan guidelines:

a.      All Owners are entitled to one approved Payment Plan to pay their annual assessments prior to being turned over to the Association attorney for collections.

b.     All Payment Plans require a down payment and monthly payments.

c.      All payment plans will be assessed a $5.00 administrative fee for each month of the payment plan.

d.     STANDARD PAYMENT PLAN: Upon request, all Owners are automatically approved for a Payment Plan consisting of 10% down, with the balance paid off in 12 monthly installments.

e.      ALTERNATIVE PAYMENT PLANS: Alternative Payment Plan proposals shall be submitted to and approved by the Association in writing; the Association is not obligated to approve alternative Payment Plan proposals; provided however, that no Alternative Payment Plan may extend for more than 18 months from the date of the Owner’s request for an Alternative Payment Plan.

f.       Once a payment plan has been approved and entered into, all Late Fees will be suspended from continued accrual based on the date of the agreed payment plan. However, the failure to make any sequential monthly payment will result in reinstatement of all Late Fees from the date of suspension onward.

g.     A Payment Plan must include sequential monthly payments. The total of all proposed payments under the Plan must equal the current balance plus the Payment Plan administrative fees.

h.     The Owner shall be required to pay future assessments by the due date in addition to the payments specified in the Payment Plan.

i.       All Payment Plans must be in writing on a form provided by the Association, or a form otherwise approved by the Association.

j.       If an Owner defaults on the Payment Plan the Payment Plan is terminated. Default of a Payment Plan includes:

k.     If an Owner defaults on a Payment Plan the Association is not obligated to make another Payment Plan with the Owner for the next two years after the date of default.

l.       No Payment Plan may last less than 3 months or more than 18 months.

m.   The Association may only charge the reasonable costs of administering the Payment Plan, while an Owner is current on their Payment Plan.