Monthly Board Meeting
June the 15th
Open Session Agenda:
Hearing of Visitors
Approval of Prior Minutes
Swimming Pool Report
RESOLUTION TO IMPLEMENT DEED RESTRICTION
WHEREAS the Board of Trustees of the Nassau Bay Homes Association, Inc. (the "Association") is charged, under the terms of the dedicatory instruments governing its community, with the responsibility of enforcing, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, rules, liens and charges now or hereinafter imposed by the provisions of the Declarations of Conditions, Covenants and Restrictions governing the community (the "Declaration"); and
WHEREAS from time to time homeowners violate the restrictions set forth within the Declaration and fail to respond to the demands from the board to place their properties in compliance with the restrictions imposed by the Declarations; and
WHEREAS the Association deems it to be in the best interest of the Association to adopt a uniform and systematic procedure for dealing with the deed restrictions in a timely manner, and further believes it to be in the best interest of the Association to refer deed restriction violations to an attorney for enforcement so as to ensure restriction compliance by homeowners in an effort to preserve and maintain real estate values throughout the community; and
WHEREAS there is need for policy to be established concerning the procedures to follow in enforcing deed restriction violations for the Nassau Bay Homes Association, Inc.;
NOW THEREFORE BE IT RESOLVED THAT THE FOLLOWING PROCEDURES BE ADOPTED TO COMPLY WITH THE TEXASPROPERTY CODE, CHAPTER 209 AND AMEND ALL PRIOR ENFORCEMENT PROCEDURES AND MAY BE AMENDED IN THE FUTURE BASED ON NEWLY ENACTED LAWS:
- When the Association, or a committee formulated by its board to address deed restriction enforcement, have collectively determined that a violation(s) exists with regard to a particular Section of the Association's Deed Restrictions, a letter/notice advising of same shall be sent to the lot owner and/or resident giving the owner and/or resident approximately fifteen (15) days from the date of the letter to cease and/or correct the violation(s).
- At the end of the fifteen (15) day period, the Association, its property manager agent, or its designated representative assigned the specific task, will then again inspect the premises to see if the violation(s) have been corrected. At this time, a second Designated representative will investigate the violation(s) and confirm the appropriateness of the actions being taken by the Association. If the violation(s) still exist, a second letter of violation will be sent to the owner and/or resident by certified mail, return receipt requested, describing the violation(s) that is the basis for the action and informing the owner of the option of either curing the violation(s) or submitting a written request for a hearing on or before the 30th day after the owner and/or resident received the notice.
- In the event that the violation is deemed a hazard or so egregious in nature as to require immediate action, the Association shall bypass the notice requirements and secure either a temporary restraining order or temporary injunction relief.
- If an owner and/or resident has previously been given notice and a reasonable opportunity to cure a similar violation(s) within the preceding six months then the owner and/or resident is entitled to neither an opportunity to cure the violation(s) nor the right to request a hearing.
- If the owner and/or resident is entitled to an opportunity to cure the violation(s), the owner and/or resident has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the Board of Trustees.
- The board 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 not more than 10 (ten) days. Additional postponements may be granted by the agreement of the parties. The owner or association may make an audio recording of the meeting.
- If the Board of Trustees rules in favor of the owner and/or resident then no further action shall be taken against the owner and/or resident and this incident will not be considered a violation.
- If the Board of Trustees rules against the owner and/or resident then the resident shall have ten (10) days form the date of the ruling to cease and/or correct the violation(s). At the end of the ten (10) day period, the premises will again be inspected to see if the violation(s) have been corrected. If not, the Committee Chairperson and/or Association Manager will notify the Board of Trustees of the status of the violation(s). After documented additional inspections by two Designated representatives, the Association will request an attorney's letter be sent to the lot owner.
- As soon as possible after the correction date set by the attorney, in his correspondence to the owner of the noncomplying owner, the property will be inspected again. If the violation(s) have not been corrected, the Association will determine whether further legal action is to be taken, including, but not limited to, seeking a permanent injunction against the owner of the lot not in compliance, or performing, in accordance with the rights afforded to the Association under the Declarations, all activities necessary to repair, maintain or restore a lot in violation and charging the owner of the lot all costs associated with the performance of such work including any incurred Attorney fees.
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all homeowners at their last known address.
The resolution was adopted by the Board of Trustees on 22nd day of August, 2002 and shall be effective on 1st day of September 2002.
NASSAU BAY HOMES ASSOCIATION, INC.
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