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The responsibility for enforcing the provisions in the CC&R document and the rules provided for by this document rests with the Board of Directors of the Association. Enforcement action may result from the normal activities of the Management Company, a resident complaint or an Architectural Control Committee request. In each case, the first action of the Board shall be to direct the Management Company to send a letter and an email to the Owner/Resident informing them of the observed violation and asking them to correct it. If the violation is not corrected in the specified time, the Association shall direct the Management Company to send a Certified Letter to the Owner/Resident. The letter will cite the specific provision in the CC&R’s or rules which is being violated, what needs to be done to cure the violation, how long the Owner/Resident has to cure the violation and the amount of the fine or other penalty which could be imposed if the violation continues. All notices will meet the requirements of Title 11, Texas Property Code, Chapter 209 (TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT). If the Owner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to before the Board of Directors of the Association. The Association shall hold a hearing not later than the 30th day after the date the Board receives the Owner's request for a hearing and shall notify the Owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. The Board or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties. The Owner or the Association may make an audio recording of the meeting. Not later than 10 days before the Board holds a hearing, the Association shall provide to the owner a packet containing all documents, photographs, and communications relating to the matter which the Association intends to introduce at the hearing (the “Evidence Packet”), if any. If the Board intends to produce any documents, photographs, and communications during the hearing, and does not send an Evidence Packet to the owner in a timely manner, the owner is entitled to an automatic 15-day postponement of the hearing. At the commencement of the hearing, a member of the Board or the Association’s designated representative shall present the Association’s case against the owner. Following the presentation by the Board, the owner or the owner’s designated representative is entitled to present the owner’s information and issues relevant to the appeal or dispute.
NOTE: The information contained in this booklet is provided for the convenience of our Owners. Please refer to the actual Declaration of Covenants, Conditions and Restrictions and Bylaws documents for a complete treatment of the subject. Any questions or requests for clarification or exceptions to the rules should be referred to the Board of Directors.
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