Pearland - Riverwalk HOA new by-laws
RESTATED RESOLUTION REGARDING ENFORCEMENT
OF RESTRICTIVE COVENANTS
RIVERWALK HOMEOWNERS ASSOCIATION, INC.
A TEXAS NON-PROFIT CORPORATION
WHEREAS, the By-Laws governing Riverwalk Homeowner’s Association, Inc., ("the Association"), as well as the Association's Articles of Incorporation, the Declaration of Covenants, Conditions and Restrictions Governing Riverwalk Subdivision (the "Declaration"), Chapter 204 of the Texas Property Code, and the Texas Non-Profit Corporation Act, authorize the Association to exercise all powers reasonable and necessary for the governance and operation of the Association; and
WHEREAS, the Texas Property Code further authorizes the Association to regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision; and
WHEREAS, the Texas Property Code provides that the Association may implement written architectural control guidelines for its own use or record the guidelines in the real property records of Brazoria County, Texas, and modify the guidelines as the needs of the subdivision change; and
WHEREAS, Chapter 209 of the Texas Property Code requires that specific notice be provided to each property owner in connection with violations of the restrictions, by-laws or rules, prior to certain enforcement efforts by the Association; and
WHEREAS, the Association's Board of Directors has determined that the adoption of restated policies, procedures, rules and guidelines are necessary and desirable for the fair, efficient, consistent, uniform and cost-effective management of the Association, to ensure compliance with Chapter 209 of the Texas Property Code, and that such action would serve the best interest of the Association and its members; and
WHEREAS, the Association's Board of Directors has also determined that it is in the Association's best interest to adopt and otherwise continue certain policies, rules and procedures regarding the maintenance, upkeep and/or repair of properties located within the Riverwalk community and, in particular, the exterior condition, repair and maintenance of houses and lots within said community; and
NOW, THEREFORE, BE IT RESOLVED that the following restated policies, procedures, rules and guidelines regarding the exterior condition, repair and maintenance of houses and lots within the Riverwalk community are hereby adopted and in all respects ratified on behalf of the Association:
I. EXTERIOR PAINT GUIDELINES.
1. All properties within Riverwalk will be inspected as needed, calendar year, for the purpose of determining whether exterior painting is needed for each respective house.
2. Following the initial (February) inspection, the owner of each property determined to need painting shall receive written notification, wherein such owner will be requested to paint within sixty (60) days of the date of such request.
3. Following the sixty (60) day period described above, all properties shall be inspected for compliance with the Association's request. Those owners who have failed to comply shall receive (another) written notification, wherein such owners will be requested to paint within thirty (30) days of the date of such request.
4. Following the thirty (30) day period described above, those owners who have failed to comply shall receive a (final) written notification, wherein such owners will be requested to paint within thirty (30) days of the date of such request. Such final request shall be forwarded to the property owner by certified mail, return receipt requested, and by regular U.S. Mail. Within such final request, such non-complying owners shall be advised that failure to comply with the Association's request will result in such owner/property being referred to the Association's legal counsel for appropriate legal action, and the imposition of a fine against such owner/property, in the amount of Fifty and No/100 Dollars ($50.00) per month, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. Such notice shall also fully describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the owner; and inform the owner that said owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and, inform the owner that said owner may request a hearing before the Board of Directors or a Committee appointed by the Board of Directors on or before the 30th day after the date the owner receives the notice.
5. Following the thirty (30) day period described above, those owners who have failed to comply shall be referred to the Association's legal counsel for appropriate legal action, and a ($50.00) fine shall be imposed against such owner/property, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request.
II. LOT MAINTENANCE GUIDELINES.
1. Property owners are required to maintain their respective lots, including the improvements, trees, hedges, and plantings thereon, in a neat and attractive condition.
2. All properties will be inspected at least twice during each calendar month, at which time lot maintenance will be noted. Any item noted on two (2) or more inspections will result in written notification being forwarded to the property owner, whereby such owner will be requested to maintain the property (i.e. mow, edge, trim, remove weeds, etc.) within five (5) days.
3. Following the initial five (5) day period, in the event such lot maintenance problem is noted on the next regular inspection, those owners who have failed to comply shall receive (another) written notification, wherein such owners will be requested to correct the lawn maintenance problem within thirty (30) days of the date of such request, and wherein such owners shall be advised that failure to comply with the Association's request will result in such owners/property being referred to the Association's legal counsel for appropriate legal action, and the imposition of a fine against such owner/property, in the amount of Fifty and No/100 Dollars ($50.00) per month, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. Such notice shall also fully describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the owner; and inform the owner that said owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and, inform the owner that said owner may request a hearing before the Board of Directors or a Committee appointed by the Board of Directors on or before the 30th day after the date the owner receives the notice.
In the alternative, the Association reserves the right to contract with persons and/or entities for the purpose of correcting any lawn maintenance problem(s), with the cost of such work to be passed on to the respective property owner(s), as is specified under the terms and provisions of Article VII, Section 7.15 of the Declaration.
4. Following such thirty (30) day period described above, those owners who have failed to comply shall be referred to the Association's legal counsel for appropriate legal action, and a ($50.00) fine shall be imposed against such owner/property, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. As stated under the foregoing Paragraph 3, the Association reserves the right to hire independent contractor(s) to correct any lawn maintenance problem, as provided under Article VI, Section 6.17 of the Declaration.
III. STORAGE GUIDELINES.
1. Open storage or accumulation of trash, rubbish, garbage, manure, debris, personal property, personal items, equipment, materials, inoperable and/or inoperative automobiles, boats, trailers, camping units, buses, trucks, equipment, machinery, and other such items is strictly prohibited.
2. All properties will be inspected at least twice during each calendar month, at which time open storage of all such items will be noted. Any item noted on two (2) or more inspections will result in written notification being forwarded to the property owner, whereby such owner will be requested to remove such item(s) within three (3) days.
3. Following the initial three (3) day period, in the event such stored item is noted on the next regular inspection, those owners who have failed to comply (by removing the noted items from public view) shall receive (another) written notification, wherein such owners will be requested to remove such item(s) within thirty (30) days of the date of such request, and wherein such owners shall be advised that failure to comply with the Association's request will result in such owner/property being referred to the Association's legal counsel for appropriate legal action, and the imposition of a fine against such owner/property, in the amount of Fifty and No/100 Dollars ($50.00) per month, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. Such notice shall also fully describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the owner; and inform the owner that said owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and, inform the owner that said owner may request a hearing before the Board of Directors or a Committee appointed by the Board of Directors on or before the 30th day after the date the owner receives the notice.
4. Following such thirty (30) day period described above, those owners who have failed to comply shall be referred to the Association's legal counsel for appropriate legal action, and a ($50.00) fine shall be imposed against such owner/property, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request.
IV. FENCE GUIDELINES.
1. Fences located throughout the subdivision shall be maintained in reasonably neat and attractive condition, and in good repair. Fences shall not exceed eight feet (8') in height.
2. To the greatest extent possible, fences will be inspected at least one time during each calendar month, at which time needed fence repair/replacement will be noted. The owner of each property determined to need fence repair or replacement shall receive written notification, wherein such owner will be requested to repair or replace such fence within fourteen (14) days.
3. Following the initial fourteen (14) day period, in the event such fence repair/replacement is noted on the next regular inspection, those owners who have failed to comply shall receive (another) written notification, wherein such owners will be requested to repair/replace such fence within thirty (30) days of the date of such request, and wherein such owners shall be advised that failure to comply with the Association's request will result in such owners/property being referred to the Association's legal counsel for appropriate legal action, and the imposition of a fine against such owner/property, in the amount of Fifty and No/100 Dollars ($50.00) per month, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. Such notice shall also fully describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the owner; and inform the owner that said owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and, inform the owner that said owner may request a hearing before the Board of Directors or a Committee appointed by the Board of Directors on or before the 30th day after the date the owner receives the notice.
4. Following such thirty (30) day period described above, those owners who have failed to comply shall be referred to the Association's legal counsel for appropriate legal action, and a ($50.00) fine shall be imposed against such owner/property, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request.
V. DRIVEWAY AND SIDEWALK GUIDELINES.
1. Driveways that are cracked, broken and/or unlevel shall be repaired or replaced, and the same are the responsibility of the property owner. Grass shall not be allowed to grow upon driveways or sidewalks.
2. All properties will be inspected as needed each calendar year, for the purpose of determining whether repairs to driveways and/or sidewalks is needed for each respective house.
3. Following the initial inspection, owners of properties determined to need repairs shall receive written notification, wherein such owner(s) will be requested to repair such driveway and/or sidewalk within thirty (30) days of the date of such request.
4. Following the thirty (30) day period described above, those owners who have failed to comply shall receive (another) written notification, wherein such owners will be requested to complete such repairs within thirty (30) days of the date of such request, and wherein such owner(s) shall be advised that failure to comply with the Association's request will result in such owners/property being referred to the Association's legal counsel for appropriate legal action, and the imposition of a fine against such owner/property, in the amount of Fifty and No/100 Dollars ($50.00) per month, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request. Such notice shall also fully describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the owner; and inform the owner that said owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and, inform the owner that said owner may request a hearing before the Board of Directors or a Committee appointed by the Board of Directors on or before the 30th day after the date the owner receives the notice.
5. Following such thirty (30) day period described above, those owners who have failed to comply shall be referred to the Association's legal counsel for appropriate legal action, and a ($50.00) fine shall be imposed against such owner/property, with additional ($50.00) fines being assessed monthly, until such time that such owner has complied with the Association's request.
VI. GENERAL PROVISIONS.
1. In accordance with the Texas Property Code, after providing notice and an opportunity to be heard, all attorney's fees and other costs incurred in the enforcement of deed restrictions, policies, procedures, rules and regulations shall be the obligation of the owner(s) of the property where such deed restriction violation or infringement occurred, and the same shall be charged to the owner's assessment account and collected in a like manner.
2. The policies, procedures and guidelines set forth herein are intended to supplement, clarify and enhance the rules and regulations set forth within the Restrictive Covenants governing Riverwalk Homeowner’s Association, Inc. In the event of a discrepancy or conflict between the provisions of these guidelines and the Restrictive Covenants, the terms and provisions of the Restrictive Covenants shall take precedence.
3. Repairs to dwellings and improvements shall be of equal or better quality than original construction and of the same type material(s). Any and all additions, improvements and/or modifications to any residence and/or property must be submitted to the Architectural Control Committee for approval prior to commencement of such addition, improvement or modification, including any change of exterior color. The Architectural Control Committee and/or Board of Directors will make every reasonable effort to be fair and equitable to all property owners. Both the Committee and the Board shall consider every situation on a case-by-case basis, and shall not necessarily be bound by past decisions concerning any issue.
4. Failure to obtain approval from the Architectural Review Committee for home improvements will result in a $100.00 per month fine. This fine will continue until the restrictions are complied with and the improvement has been approved.
5. All inspections referenced herein may be conducted by the Association's managing agent and/or its employees, the Board of Directors, a Committee established by the Board of Directors for such purpose, or any combination of such groups.
6. An assessment of $75 to be collected at the time of closing and transfer of the sale of a home in Riverwalk Subdivision, plus the fee imposed by the Management Company.