Connections

Extracted directly from Documents and Governing Policies files

Article 30

UNACCEPTABLE BEHAVIOR
According to RR&C section 4.05 Offensive Activity Prohibited, no noxious or offensive activity of any sort shall be permitted. Article 27 of the POA Policy Manual states that rules are in effect to protect the privileges of the property owners on all common property. To further amplify these policies, the following is in effect.
Section 30.01 Definitions
Unacceptable behavior is defined as rule violations, harassment, abuse, and/ or aggressive behavior. Harassment is defined as words, gestures, or actions which tend to annoy, alarm, or abuse another person. Harassment includes repeated unwanted communications, threats, slurs, or behavior that would make a reasonable person feel intimidated or demeaned. 
Abuse is defined as insulting, hurtful or offensive wrongs or acts. Abuse includes verbal insults, use of profanity toward others, yelling in a threatening manner, or physical acts such as throwing objects.
Aggressive behavior is any action meant to hurt, control, or intimidate someone whether through words or actions to include physical touching. Aggressive behavior includes physical intimidatior e.g., stepping aggressively into someone's personal space), making physical threats, or unwanted
physical contact such as pushing or grabbing.
Association rule violations not dealing with deed restrictions are defined as unacceptable behavior. Examples include ignoring posted amenity hours, vandalizing common property, or repeated violations of facility use rules unrelated to deed restrictions. Property owners, tenants, and their guests shall not engage in any abusive or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other property
owners, tenants, guests, management, its agents, its employees, or vendors. Property owners shall follow Association rules and regulations.

Section 30.02 Actions Against Violators for Minor Violations
1. 2. A minor violation is a violation that did not involve aggressive behavior.
Violators may face the following penalties:
a. Written warning;
b. Verbal warning;
c. Ejection from the common areas;
d. Suspension of amenities.
3. In cases of first offense minor rule violations, a verbal warning shall be issued to the property owner, tenant, or guest. The Association management will be notified in writing of the incident. No further action will be taken.
4. In cases of repeated minor rule violations, a written warning shall be issued by the Community Manager stating that future violations shall result in suspension of amenities.
5. Association management shall create a written record of the incident, for every minor violation. This record must include the date and time of the violation, a description of the conduct, the name of the reporting party (if applicable), and the action taken by management or the Board. These records shall be maintained in the Association's files to ensure consistent enforcement and to defend against claims of selective or arbitrary enforcement.

Section 30.03 Actions Against Violators for Major Violations
1. A major violation is one in which aggressive behavior was exhibited or one in which excessive minor rule violations have occurred.
2. In cases of major rule violations where aggressive behavior was exhibited, the Association may suspend access to amenities immediately and/ or ejection from the common areas.
3. The following steps will be taken:
a. Statements shall be requested from all parties involved.
b. Statements shall be requested from all witnesses to the incident.
c. Upon receipt of all statements, the POA BOT shall hold a meeting within five (5) days based on the ability of the POA BOT to get a quorum to decide what action should be taken.
d. If the property owner is found to be at fault and suspension of amenities is
determined by the POA BOT as the proper action, the property owner violator shall be immediately notified in writing, hand delivered, if possible. Additionally, the property owner shall be notified by regular mail and by registered mail. Each written communication with the violator shall contain the date, description of the violation, and specific rule violated. The letter shall state that the behavior is unacceptable, shall state the start and end date of the penalty, if applicable, and shall provide information about the property owner's right to appeal. If immediate suspension of amenities and/ or ejection occurred, the POA BOT shall document why immediate action was taken.
In cases where a major violation has reached an excessive level as determined by the POA BOT, the POA BOT may report the event to law enforcement.
Except in urgent safety circumstances requiring immediate action, the Association shall comply with the notice and hearing requirements of Texas Property Code Chapter 209 before imposing penalties, including suspension of amenities or ejection from common areas. If immediate action is required to protect the safety or well-being of the community, the Association shall document in writing the reasons for such action and provide written notice
to the affected party as soon as reasonably possible, along with information on their right to request a hearing with the POA BOT.

Section 30.04 Appeals
If the property owner who received a penalty wishes to request an appeal, the property owner must request the appeal in writing to the POA Office within three (3) business days. All appeals shall include a scheduled hearing, with written notice of the date, time, and location provided to the property owner at least 10 days in advance as described in Article 4 of the POA
Policy Manual.

SIXTH EDITION

[Adopted 11/25/2024][Edited by CC Chair Sharon Carlisle 8/24/26]