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.

a.      Any and all boats used in Lake Livingston waters shall meet all requirements set forth by the State of Texas.

b.     All boating shall be conducted by rules of etiquette as well as laws, statutes and regulations of the State of Texas as well as any other regulatory authority governing boats and boating.

c.      All boats shall maintain no wake speed in the marina area. No fast-moving craft will be tolerated; this includes reckless docking and/or embarkment.

d.     No water skiing is permitted in the marina area.

e.      No craft shall be left unattended while the motor is running unless the craft is securely anchored or tied.

f.       Neither fueling nor exchanging of fuel from one container to another shall be permitted in the stalls.

g.     No firearms shall be loaded, unloaded or carried loaded in the marina area.

h.     Any repairs, etc. shall be confined to a specific stall area so as to not constitute a hazard to other craft or persons in the immediate area.

i.       No swimming is to be permitted in the marina area. No hunting is to be permitted, nor is the discharge of firearms to be permitted in the marina area.

j.       Fees for storage of boats and boat rentals are posted at the POA Administrative offices.

k.     Only renters of boat slips and their guests are allowed on the docks.

c.      All boaters shall follow safety regulations as prescribed by state statutes and Association rules.

d.     Members using boats shall be held fully responsible for any and all damages that are incurred by the misuse of the boats and shall reimburse the Association for any and all damages to Common Areas that might be caused there from.

e.      It is recommended that fishing and boating activities should terminate immediately upon the approach of an electrical storm and all boats should be cleared from the inland lakes. Members are responsible for monitoring weather conditions while on the lakes.

f.       Repeated violations may result in loss of boating privileges.

g.     Fishing or boating in the inland lakes shall be restricted to Members and guests only and are subject to Association membership card or proof of residency check.

h.     No trot line or throw lines will be allowed.

i.      The inland lakes may be patrolled to ensure adherence to all rules.

j.      No swimming will be permitted in the inland lakes unless approved by management.

k.     No water skiing of any type will be allowed.

l.      No firearms will be permitted on or around the inland lakes at any time.

m.   Individuals using the inland lakes will do so at their own risk. The Association, its Board and officers, its manager, employees, agents and/or its attorneys do not assume liability for accident or injury.

Trustee Ron Auvenshine reported the committee will be working on several ideas to help “reimagine” areas of Westwood Shores. Maintenance issues that were reported were structures that need repainting, entrance curbs needing paint, clearing of ditches to continue, and better lighting in the front mailbox area.

Trustee Ron Auvenshine shared the committee has added an adjunct member and will see how that position will work. Discussed having a Community wide event in the fall for removal of debris and general cleanup of the neighborhood. Maintenance issues the committee noticed were sent to the Maintenance and Recreation supervisors. One noted area that needs to be improved is weed eating. The committee noted the positive actions with property owners by the staff along with the improvements that are being made.

Monthly

There was no Maintenance Committee meeting for the month of April.

Annual

While not responsible for financial decisions, the committee remained mindful of budget constraints when offering areas of maintenance need. While moving forward, the committee will continue to be proactive in their support and communication in order to benefit the entire community.

The Board appreciates the collaborative work between this committee, the department managers and the broader community. Maintenance in our community certainly requires a team effort. As Volunteers, we are all called to be partners in stewardship – ensuring that our community remains safe, attractive and functional for everyone.

I along with our Board want to thank the six volunteer members of this committee that served. To each of you, serving as a volunteer and your commitment to make Westwood Shores a better place to live, makes a difference.

Jo Matthew

POA Board Liaison

Trustee Liaison Jo Matthew reported that the Maintenance Committee will being tracking the number of times the same item is reported. The committee discussed their role as additional eyes within the community to help make it the best it can be.

No Maintenance Committee was held.

Trustee Jo Mathew reported that the Maintenance Committee is working hard to identify areas of maintenance and prevent small problems from becoming larger. Some of the issues are replacing the lighting throughout the Clubhouse, Townhome yardwork, and identifying ditches that are filled with debris. The Committee also identified areas of noted improvement such as the cleaning of the mailbox areas and new lighting, mowing throughout the community, some ditches have been cleaned, the pier at the Marina has been rebuilt, boat stalls have been cleaned, and removal of debris around the POA Office.

No Maintenance Committee meeting for October.

Trustee Liaison Jo Matthew presented the Maintenance Committee Report. She stated that the Committee discussed how the maintenance department works and the Board transitioning to programs that will make things more transparent. Issues found by members were reviewed and reported to the appropriate department manager.

Trustee Ron Auvenshine reported that the communications committee is now established and is functioning. The strategic planning committee has been working on the second committee, Marketing, and is finishing up on the structure of that committee.

Trustee Ron Auvenshine spoke about the launch of the second survey which covers communication. They are allowing one more week to respond, so if you did not receive your survey, contact the POA Office. The survey summary will be shared with the community in July.

Monthly

Trustee Ron Auvenshine reported that the Strategic Planning Committee continues to meet. He stated a survey would be sent out in the next couple of weeks and requested everyone take the time to answer the survey.

Annual

Moving Forward

From the original survey and focus groups, it became obvious to the Strategic Planning Committee that there was a need for better communication both within Westwood Shores and beyond. In addition, we needed to market our community not only to our property owners but to prospective property owners. And thirdly, we needed financial advice to help us know the best way to fund the needed projects like paving our roads. We are now in the process of creating three committees to focus on each of these needs. These committees will be “special advisory committees” to the Strategic Planning Committee who will then make recommendations to the BOT. These committees will only be advisory in nature. They will not be able to make decisions on their own. All decisions will continue to be made by the BOT.

Due to the special nature of the three committees, an application and interview process will be required for each committee position. We will be looking for property owners within our community who have specific skillsets and experience in these areas. Information regarding the application process for these committees will soon follow. If you possess special skills and wish to serve, please fill out the application when they are announced.

Additional Survey

Within the next several weeks the Strategic Planning Committee will email a second survey to all property owners of Westwood Shores. Please be on the lookout for that email. We will be announcing its release through several postings. It is our hope that this new survey will increase the number of property owners who take the time to complete the survey. We need to hear from everyone. The initial survey has proven that “Your Opinions Count”.

Email Addresses

One positive result of the first survey was to bring our email addresses up to date. If you have changed your email address, or feel you are still not receiving emails, please notify the POA office as quickly as possible so that you can begin to receive all the important information concerning our upcoming survey.

Trustee Ron Auvenshine reported that the Committee continues to meet. He stated the structure of the Communications Committee is being developed as well as the Financial Advisory Committee.

Trustee Ron Auvenshine reported that the Committee has completed the status summary of the Committee and has published this summary. He stated the structure of the Communications Committee is being developed as well as a process for selecting a chair for this committee and the Financial Advisory Committee. Questions for the next survey are being developed with the goal being to increase the number of responses and garner new information.

Trustee Ron Auvenshine reported that the Committee has continued to work on proposals for forming standing Committees for Communication, Marketing, and Financial Advisory. With the previous approval of the Communications Committee the Strategic planning committee has been working on an application form for those interested in serving on the Communications Committee. The Strategic Planning Committee is also working on writing questions for a second “follow-up” survey in order to obtain more information from the property owners concerning the future direction of the community, and how the Board can better serve them.

Trustee Ron Auvenshine reported that the Committee has worked on a proposal for forming standing Committees for Communication, Marketing, and Financial Advisory. New surveys will be coming soon to help clarify communication needs.

Trustee Ron Auvenshine reported that the Committee has resumed meeting to work up the information needed to present to the Board on the possible creation of three new committees that study Communications, Marketing, and Financial Advisory.