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.
Riverwalk Homeowners Association, Inc.
c/o HDV Management Services
957 NASA Rd 1, PMB 237
Houston, TX 77058
281-538-9327 Office 281-538-9376 Fax
hdvmanagement@comcast.net E-mail
September 10, 2007
Dear Riverwalk Homeowner,
Riverwalk Homeowner’s Association, Inc. needs your help. We have found ourselves to be in serious financial difficulty due to some homeowner’s not paying their dues. At this time we do not have enough funds in our account to pay for just landscaping through the end of the year. We currently are owed over $6,000.00 in past due assessments. We have made many efforts to collect this money but have received little cooperation. We are now going to be forced to foreclose the lien on these homes, as is our right per our declarations.
In order to do this, however, we need to hire an attorney. Since our funds are so limited we have found it necessary to apply a special assessment to each home in the subdivision in the amount of $50.00. This money will be used to pay our bills through the end of the year as well as for the legal fees associated with foreclosing on the homes. All legal fees will be collected back from the delinquent owner. Attached to this letter you will find an invoice for the $50.00 assessment. We do not feel it is fair for the upstanding residents in our community to pay their annual dues and for others not to. It has come time that we must use legal means of collecting these debts.
In addition, we would like to address our current annual assessment rate of $140.00. This amount allows us only to pay the bills every year and nothing else. Our landscaping and maintenance of the retention areas currently uses up over seventy-five percent of our annual budget. We have no additional funds to put into a reserve account, which would certainly be helpful at this time. We have discontinued Yard of the Month, our annual National Night Out gathering in the park and the newsletter in order to cut down on expenses. We would like to propose to raise the annual assessment fee to $175.00 per year. This amount will allow us to put money into reserves for future emergency situations as well as keep our budget on track. We cannot raise the fees without a two-thirds majority vote of the membership. You can expect the members of your elected board of directors to be visiting you over the next few weeks to discuss the increase. We really need to do this if we are going to keep a working association.
On another note, we would like to take this opportunity to update you on a few other items:
Deed Restrictions – Again, due to lack of funds we have been unable to legally prosecute those homeowners in continual violation of the deed restrictions. Our management company is currently working on a Fining Resolution for the Board of Directors to formally adopt and file with the County Clerk’s Office. This will be an addendum to our by-laws and will be mailed out to all homeowners when complete. It will allow us to assess daily fines to those in violation in order to obtain compliance. We are doing this because we want to keep our community looking it’s best and our property values up!
Webpage – Board member Danny Frank has volunteered to donate a webpage to the association. It will be an area to post comments, concerns and inquiries as well as obtain valuable information. We will keep you posted as this comes along.
Directory – We would like to have a working directory of the membership. When you forward your special assessment fee, please take a moment to fill in the included information form with your Name, Address, Phone number, E-mail address and Occupation and return it with your payment. This will help us in keeping everyone updated on what’s going in the community as well as having information on hand in case of an emergency.
If you have any questions regarding the information provided in this letter, please contact Darlene Villarreal with HDV Management Services. We appreciate your help and cooperation in our strive to keep our association in place. Thank you!
Sincerely,
Your Riverwalk H.O.A. Board of Directors