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SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
The undersigned, being the Managing Agent for Thousand Oaks Property Owners Association, Inc. (the “Association”), a property owners’ association as defined in Section
202.001 of the Texas Property Code; hereby amends and suppiements that certain instrument entitled “Notice. of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” filed of record in the Official Public Records of Real Property of Montgomery County, Texas under County Clerk’s File No. 2013070125 (the “Notice”) was filed of record for the purpose of complying with Section 202.006 of the Texas Property Code.
Additional Dedicatory Instrument. In addition to the Dedicatory Instruments identified
in the Notice, the following documents are Dedicatory Instruments governing the Association.
Guidelines Relating to Rain Barrels and Rain Harvesting Systerns, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Ttems, and Xeriscape Landscaping fer Thousand Oaks Property Owners Association, Inc.
Payment Plan Policy for Thousand Oaks Property Owners Association, Ine.
True and correct copies of such Dedicatory Instruments are attached to this Supplemental Notice.
This Supplemental Notice is being recorded in the Official Public Records of Real
Property of Montgomery County, Texas for the purpose of complying with Section 202.006 of
_ the Texas, Property Code. I hereby certify that. the information set forth in this Supplemental.
Notice is true and correct and that the copies of the Dedicatory Instruments attached to this Supplemental Notice are true-and correct copies of the originals.
Executed on this [ qth day of Much. 2014,
THOUSAND Oaks PROPERTY OWNERS
Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page. of 2
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THE STATE OF TEXAS §
COUNTY OF HARRIS 5
CL ‘A Pore MF, the undersigned notary public, on this IGt day of
RAG = , 2014 personally appeared Pamela D. Bailey of CMC, Chaparral Management Company, inc. ; Managing Agent for Thousand Oaks Property Owners Association, Inc., known to me to be’ the person whose name is subscribed to the foregoing instrument, and acknowl edged to me that she executed the same. for the purpose and in the capacity therein expressed.
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GUIDELINES RELATING TO RAIN BARRELS AND RAIN HARVESTING SYSTEMS, SOLAR ENERGY DEVICES, STORM AND ENERGY EFFICIENT SHINGLES,
FLAGS, RELIGIOUS ITEMS, AND XERISCAPE LANDSCAPING
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
L Ads , Secretary of Thousand Oaks Property Owners Association, Inc. (the “Association”), do hereby certify that at a meeting of the Board of torsgof the Association (the “Board”) duly called and held on the Sher day of 7 binzk. , 2014, with at Jeast a quorum of the Board being present and remaining throughout, and being duly authorized to transact business, the following “Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, and Xeriscape Landscaping” was duly
approved by a majority vote of the members of the Board in attendance:
RECITALS:
4. Chapter 202 of the Texas Property Code was amended to add sections relating to rain barrels and rain harvesting systems, solar energy devices, storm and energy efficient shingles, flags, religious items, and xeriscape landscaping.
2, The Board of Directors of the Association desires to adopt guidelines relating to rain barrels and rain harvesting systems, solar energy devices, storm and energy efficient shingles, flags, religious items, and xeriscape landscaping consistent with the applicable provisions in Chapter 202 of the Texas Property Code.
GUIDELINES:
_...... Section 1. Definitions. Capitalized terms used in these Guidelines have the. following meanings:
1.4. ACC - The Architectural Control Committee for Thousand Oaks Property Owners Association, Inc.,.as identified in the Declaration.
1.2. Declaration - shall mean the following:
a. Documents:
(1) Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 1.
(2) Amendment to Declaration. of Covenants, Conditions and Restrictions of Thousand Oaks Section One.
(3) First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section I.
(4) Third Amendment to Déeciaration of Covenants, Conditions and Restrictions of Thousand Oaks Section One.
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(5) Declaration of Covenants, Conditions .and Restrictions of Thousand Oaks Estates Subdivision Section 2.
(6) First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Caks Estates Subdivision Section 2.
(7) Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2.
(8) Third Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 2.
(9) Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3.
(10) First Amendment to Declaration of Covenants, Conditions’ and Restrictions of Thousand Oaks Estates Subdivision Section 3.
(11) First Amendment to. Declaration of Covenants,
; Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3.
(12} Second Amendment to. Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3.
{13} Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 3.
(14). Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4.
(15) First Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4.
(16) Second Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section 4.
b. Recordi ng Information :
(4) Montgomery County Clerk’s File No. 99052262.
(2) Montgomery County Clerk’s File No, 99080280.
(3) Montgomery County Clerk’s File No, 2001-076019.
(4) Montgomery County Clerk’s File No. 2007-129655.
(5) Montgomery County Clerk’s File No. 2000-028457,
(6) Montgomery County Clerk’s File No. 2001-076020, (7} Montgomery County Clerk’s File No. 2002-099959,
(8) Montgomery County Clerk’s File No, 2007+129655.
(9) Montgomery County Clerk’s File No, 2002-014602.
(10) Montgomery County Clerk's File No. 2002-021994.
(11) Montgomery County Clerk’s File No. 2006-002485,
(12) Montgomery County Clerk's File No. 2002-099960.
(13) Montgomery County Clerk's. File No. 2007-129655,
(14) Montgomery County Clerk’s File No. 2006-021357.
(15) Montgomery County Clerk's File No; 2007-129655. (16} Montgomery County Clerk’s File No. 2008-111074.
1.3. Dedicatory Instrument (or dedicatory instrument) - Each document governing the establishment, maintenance or operation of the properties within
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Thousand Oaks, as more particularly defined in Section 202.001 ‘of the Texas Property Code.
1.4. Guidelines - These Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, and Xeriscape Landscaping for Thousand Oaks Property Owriers Association, Inc.
1.5. Thousand Oaks - shall mean the following:
(a) Thousand Oaks, Section One (1), a subdivision in Montgomery County, Texas, according to the map or plat thereof, recorded in Cabinet M, Sheets 67-70 of the Map Records of Montgomery County, Texas and all amendments to or replats of said maps or plats, if any.
(b) Thousand Oaks, Section Two (2), a subdivision in Montgomery County, Texas, according to the map or plat thereof, recorded in Cabinet N, Sheets 180-182 of the Map Records of Montgomery County, Texas and all amendments to or replats of said rnaps or plats, if any.
(c) Thousand Oaks, Section Three (3), a subdivision in Montgomery County, Texas, according to the map or plat thereof, recorded in Cabinet R, Sheets 96-98 of the Map Records of Montgomery County, Texas and all amendments to or repiats of said maps or plats, if any.
(d} Thousand Oaks, Section Four (4), a subdivision in Montgomery County, Texas, according to the map or plat thereof, recorded in Cabinet Z, Sheets 211-214 of the Map. Records of Montgomery County, Texas and all amendments to or replats of said maps or plats, If any.
Section 2. Rain rels_a ain Harvesting S $s. Section 202.007 of the Texas Property Code provides that a property owners’ association may not eriforce’a provision in a dedicatory. instrument that prohibits or restricts a property owner from installing rain barrels.or a rain harvesting system on the property owner's lot. However, Section 202.007 of the Texas Property Code further provides. that.a property owners’ association is not required to permit a rain barrel or rainwater harvesting system to. be installed on a lot in particular circumstances or restricted from regulating rain batrels and rain harvesting devices in specified manners.
The following Guidelines shall be applicable to rain barrels.and rain harvesting. systems in Thousand Oaks:
2.4. ACC Approval. In order to confirm the proposed rain barrel or rain harvesting device. is in. compliance with these Guldelinés, owners are encouraged to apply tothe ACC for prior approval. The Association may require an owner to remove a rain barrel or rain harvesting device that does not comply with requirements of these Guidelines.
2.2. Location. A rain barrel or rain harvesting system is not permitted on a lot between the front of the residential dwelling on the lot and an-adjacent street.
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2.3. Color and Display. A rain barrel.or rain harvesting system is not permitted:
a. unless the color of the rain barrel or rain harvesting system is consistent with the color scheme of the residential dwelling on the owner's lot; or
b.. if the rain barrel or rain harvesting system displays any language or other content that is not typically: displayed by the rain barrel or rain harvesting system as it is rnanufactured,
2.4. Regulations if Visible. If a rain barrel or rain harvesting system is located on the side of the residential dwelling on the lot-or at any. other location on the jot that is visible from a‘ street, another lot, or a common area, the rain barrel or rain harvesting system must comply with the following requlations:
a. Rain Barrel:
(B Size: A maximum height of forty-two (42) inches and a maximum capacity of fifty (50) gallons. di) Type: A rain barrel that has the appearance of an authentic barrel
and is either entirely round or has a flat back to fit flush against a wall. A rain barrel must have a manufactured top or cap to prevent or deter the breeding of mosquitoes.
{ili} Materials: Wood, metal, polyethylene or plastic resin designed to look like an authentic barrel in brown or other earthtone color.
(iv) Screening: The rain barrel must be screened with evergreen landscaping to minimize its visibility from a street, another lot, and common area, unless otherwise approved in writing by the ACC,
(v) Downspout: The downspout which provides water to the rain barrel: must be the same color and material as the gutters on the residential dwelling. Further, the downspout must be vertical and attached to the wall against which the rain barrel is located.
b. Rain Harvesting System: A rain harvesting system must collect and store the water underground. The portion of a rain harvesting system that is above-ground must appear to be a landscape or water feature. The above-ground portion of the rain harvesting system shall not extend above the surface of the ground by more than thirty-six (36) inches. The above-ground portion of the rain harvesting system must be screened with evergreen landscaping to minimize visibility from a street, another lot, and common area, unless otherwise approved in writing by the ACC.
Provided that, the regulations in this Section 2.4 shall be applicable only fo the extent that they do not prohibit the economic installation of the rain barrel or rain harvesting system on the let and there is a reasonably sufficient area on the lot in which to install the rain barrel or rain harvesting system,
Section 3. Solar Energy Devices. Section 202.010 of the Texas Property Code provides that a property owners’ association may not enforce a provision In a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device except as otherwise provided therein. As used in Section 202.010 of the Texas Property Code, “solar energy device” has the meaning assigned by Section 171.107 -of the Tax Code, which
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defines the term as “a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar generated power”. The term Includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating of cooling or in the production of power.
The fallowing Guidelines shall be applicable to solar energy devices in Thousand Oaks:
ACC Approval, The installation of a solar energy device requires the prior written approval of the ACC. Provided that, the ACC may not withhold approval if these Guidelines are met or exceeded, unless the ACC determines in writing that placement of the device as proposed constitutes a condition that substantially interferes. with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities, The written approval of the proposed placement of the device by all owners of property adjoining the lot in question constitutes prima facie evidence that substantial interference does-not exist.
Location. A solar energy device is not permitted anywhere on a lot except on the roof of the residential dwelling or other permitted structure. on the lot or ina fenced yard or patio within the lot.
Bevices Mounted on a Roof, A solar energy device mounted on the roof of the residential dwelling or other permitted structure on a lot:
@. shall notcextend higher than or beyond the roofline;
b. shall conform to the slope of the roof and have a top edge that is parallel to the roofline;
¢, shall have frames, support brackets and/or visible piping or wiring that are silver, bronze or black tone, as commonly available in the marketplace; and
d. shall be located on the roof as designated by the ACC unless an. alternate location increases the estimated annual energy production of the device by more than ten percent (10%) above the energy production of the device if located in the area designated by the ACC. For determining estimated
. annual energy production, the parties. shall-use a publicly available modeling tool provided by the National Renewable Energy Laboratory.
Visibility. A solar energy device jocated in a fenced yard or patio shall not: be taller than or extend above the fence enclosing the yard or patio.
Warranties. A solar energy device shall not be installed on a lot in a manner that voids. material warranties.
Limitations. A solar energy device is not permitted on a lot If, as adjudicated by a court, it threatens the public health or safety or violates a law.
Section 4. Storm _and Energy Efficient Shingles. Section 202.011 of the Texas
Property Code provides that.a property owners’ association may not. enforce a. provision in a dedicatory Instrument that prohibits or restricts a property owner from Installing shingles that:
a. are designed to:
(i) be wind and hail resistant;
(ii) provide heating and. cooling efficiencies greater than those provided by customary composition shingles; or
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property.
(ili) provide solar generation capabilities; and
b, when installed:
{) resemble the shingles used or otherwise authorized for use on property in the subdivision;
(ii) are more durable than and are of equal or superior quality to the shingles described below; and
(iii) match the aesthetics of the property surrounding the owner's
ACC Approval. In order to confirm the proposed shingles conform to the foregoing Guidelines, owners are encouraged to apply to the ACC for prior approval. The Association may require an Owner to remove shingles that do not comply with these Guidelines.
Regulations. When installed, storm and energy efficient shingles mtst resemble, be more durable than, and be of equal or superior quality to the types of shingles. otherwise required or authorized for use in Thousand Oaks. In addition, the storm or energy efficient shingles. must match the aesthetics of the lots surrounding the lot.in question.
Section 5. Flags. Section 202,011 of the Texas Property Code provides that a property owners’ association may not enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States armed forces, except as otherwise provided therein.
The following Guidelines shall be applicable to flagpoles and the three (3) types of flags listed in Section 202.011 of the Texas Property Code:
ACC Approval. A flagpole that does not comply with ail setbacks, above-ground flagpole stands and/or footings, and illumination under Section 5.6 must be approved by the ACC. Additionally, in order to confirm a proposed flagpole
” conforms to the following standards, owners aré encouraged to apply to the ACC
for prior approval. The Association may require an owner to remove flagpoles, flagpole footings, or flags that do not comply with these Guidelines.
Flag of the United States, The flag of the United. States must be displayed fn accordance with applicable provisions-of 4 U.S.C. Sections 5-10, which address,
among other things, the time and occasions for display, the position. and manner of display, and.respect for the flag.
lag of th f Texas. The flag of the State of Texas must be displayed in accordance with applicable provisions of Chapter 3100 of the Texas Government Code, which address, among other things; the orientation of the flag on a flagpole or flagstaff, the display of the flag with the flag. of the United States, and the display of the flag outdoors.
Elagpoles.
a. Not more than one. (1) freestanding flagpole. or flagpole attached to the
residential dwelling or garage (on a permanent or temporary basis) is permitted on a lot.
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5.5. Flags.
ce
fi
A freestanding flagpole shall not exceed twenty (20) feet in height, measured from the ground to the highest. point of the flagpole.
A flagpole attached to the residential dwelling or garage shall not exceed six (6) feet In length.
A flagpole, whether freestanding or attached to the residential dwelling or garage, must be constructed of permanent, long-lasting materials: with: a finish appropriate to materials used in the construction of the
flagpole and harmonious with the residential dwelling on the fot on which it is located.
A flagpole shail not be located in an easement or encroach into an easement.
A freestanding flagpole shall not. be located nearer to.a property line of the lot than the applicable setbacks as either shown on the recorded plat or as set forth in the Restrictions, Provided, however, on a case-by-case basis (depending on the size:and configuration of the Lot) a freestanding flagpole may be located in front of the front bullding setback line for a Lot, if approved in writing by the Board. Any above-ground stands and/or footings. must also be approved by the ACC in accordance with
Section 5,1.
A flagpole must be maintained in good condition; a deteriorated or structurally unsafe flagpole must be repaired, replaced or removed.
An owner iS prohibited from locating a flagpole on property owned. or maintained by the Association.
A. freestanding flagpole must be installed in accordance with the manufacturer’s guidelines and specifications.
If the footing and/or stand fora freestanding flagpole extends above the surface of the ground, the ACC may require the installation of landscaping to:screen the stand and/or footing from view.
“Only the three (3) types of flags addressed in this Section shall be
displayed on a freestanding flagpole. Other types of flags may be displayed on a wall-mounted flagpole as otherwise provided in architectural guidelines adopted by the Association or as otherwise permitted by the Association.
Not more than two. (2) of the permitted types of flags shall be displayed ona flagpole at any given tire.
The maximum dimensions of a displayed flag on a freestanding flagpole that is less than fifteen (15) feet in. height or on a flagpole attached to the residential dwelling or garage shail be three (3) feet by five (5) feet.
The maximum dimensions of a displayed flag on a freestanding flagpole that is fifteen (15) feet in height. or greater is four (4) feet by six (6) feet.
A displayed flag must be maintained in good condition; a deteriorated flag must be replaced or removed.
A flag must be displayed on a flagpole. A flag shali not be attached to the wall of the residential dwelling or other structure on a Jot or-a fence,
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or be displayed in.a window of the residential dwelling or other structure ona lot.
Illumination. Ilumination of a flag is permitted but the lighting must be in-ground and have a maximum of 150 watts. High intensity lighting such as mercury vapor, high pressure sodium, or metal halide is not permitted; The lighting ts required to be compatible with exterior lighting within the subdiviston and appropriate for a residential neighborhood. Lighting used to illuminate a flag shall be positioned in a manner so that the lighting is not directed toward an. adjacent lot or a street adjacent to the lot and does not otherwise unreasonably affect an adjacent lot.
Noise, An external halyard on a flagpole is required to be securely affixed to the flagpole so-that It is not moved by the wind and thereby permitted to clang against the flagpole.
Section 6 . Religious Items. Section 202.018 of the Texas Property Code provides that a property owners’ association may not enforce or adopt a restrictive covenant that prohibits. a property owner or resident from displaying or affixing on the entry. to the owner's or resident's dwelling one or more religious items, the display of which is motivated by the owner's or resident’s sincere. religious belief, except as. otherwise provided therein. Section 202.001(4) of the Texas Property Code defines “restrictive covenant” to mean any covenant, condition, or restriction contained in a dedicatory instrument.
The following Guidelines shali be applicable to the display of religious items in Thousand
Oaks:
ACC Approval. As authorized by the Restrictions and, therefore, allowed by
Section 202.018(c). of the Texas Property Code, any alteration to the entry door or door frame must first be approved by the ACC.
Location. Except as otherwise provided in this Section, a religious item is not permitted anywhere ona lot except on the entry door or door frame of the residential dwelling. A-religious Item shall not extend past the outer edge of the door frame.
Size. The religious item(s), individually or in combination with each other religious item displayed or affixed on the entry door or door frame, shall not have a total size of greater than twenty-five (25) square inches.
Content. A religious item shall not contain language, graphics, or any display that is patently offensive to persons of ordinary sensibilities.
Limitation. A religious item shall not be displayed or affixed on an entry door or door frame If it threatens the public health or safety or violates a law.
Color of Entry Door and Door Frame. An owner or resident is not permitted
to use a color for an entry door or door frame of the owner's or resident's residential dwelling or change the color of an entry door or door frame that is not authorized by the ACC.
Other. Notwithstanding the above provisions: (1) the ACC shail have the authority to allow a religious statue, such as by way of example and not in limitation, a statue of St. Francis. of Assisi, or other religious item In a landscape bed or other portion of a lot, and (il) these Guidelines shall not prohibit or apply
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to temporary seasonal decorations related to religious holidays as otherwise permitted in Thousand Oaks.
Section 7. Xeriscape Landscaping. Section 202.007 of the Texas Property Code provides that a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from using drought-resistant landscaping or water-conserving natural turf except as otherwise provided therein,
The following Guidelines shall be applicable to drought-resistant landscaping or water~ conserving natural turf on lots in Thousand Oaks:
Fide
72s
ACC Approval. The installation of drought-resistant landscaping and water-conserving natural turf requires the prior written approval of the ACC.
Criteria. A proposed installation. of drought-resistant landscaping and water-conserving natural turf shall be reviewed by the ACC to ensure, to the extent practicable, maximum aesthetic corapatibility with other landscaping in Thousand Oaks.
General Requirements, Full green lawns. (turf) are, as ‘a general rule, required in the front yard space and the space along the side of the residential dwelling on a lot not enclosed by a fence. If a deviation from the general requirement is allowed, non-turf areas must be decomposed granite, hardwood mulch, crushed limestone, flagstone, or loose’stone material as approved by the ACC. Concrete surfaces are limited to driveways and sidewalks. Non-turf materials may not be used in an area between a sidewalk and an adjacent street as the material is likely to wash out onto the street. The area within a particular lot that may be non-turf shall be determined by the ACC; the non-turf area may vary from lot to lot depending upon the size and configuration of the lot and the objective of preserving maximum aesthetic compatibility with other landscaping in the subdivision.
I hereby certify that I am the duly elected, qualified and acting President of the Association and that the foregoing Guidelines Relating to Rain Barrels and Rain Harvesting Systems, Solar Energy Devices, Storm and Energy Efficient Shingles, Flags, Religious Items, “and Xeriscape Landscaping was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective-upon recording in the Official Public Records of Real Property of Montgomery County, Texas.
TO CERTIFY which witness my hand this thedlol day ot Dh LEke , 2014.
THOUSAND OAKS PROPERTY OWNERS.
ASSOCIATION, INC.
ony fp By: Re Aili printed: SNAWA Cradie
Its: Secretary
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THE STATE OF TEXAS §
COUNTY OF __ §
BEFORE ME, the rsigned nage peel on thied/oé-day eek. , 2014 personally appeared fot , Secretary of Thousand. Oaks
Property Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the
purpose and in the capacity therein yp
Notéfy Public in and for ite State of Texas
GLORIALEE
MY COMMISSION EXPIRES
dune 20, 2016
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PAYMENT PLAN POLICY
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATIGN, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
I, wy Meet , Lea , Secretary of Thousand Oaks Property Owners Association, Inc. (the “Association”), do hereby certify that at a meeting of the of Directors of the Association (the “Board”) duly called and held on th day of
, 2014, with at least a quorum of the board members being present and remaining throughout, and being duly authorized to transact business, the following Payment Plan Policy was duly approved by a majority vote of the members of the Board:
RECITALS:
1, Chapter 209 of the Texas Property Code was amended to add Section
209.0062 to. require property owners’ associations to. adopt reasonable guidelines to establish an alternative payment schedule by which an Owner may. make partial payments for delinquent regular or special assessments or any other amount owed to the Association without accruing additional monetary penalties.
2. The new law relating to alternative payment schedules (i.¢., payment plans) became effective on January 1, 2012.
3, The Board of Directors of the Association desires to adopt a payment plan policy consistent with the provisions of Section 209.0062 of the Texas Property Code.
POLICY:
It is the policy of the Association td provide an. alternative payment schedule by
_ which an Owner may make payments to the Association for. delinquent regular or special.
assessments. or other amounts owed to the Association without accruing additional monetary penalties, as follows:
i. Applicability. This policy only applies to delinquent regular assessments, special assessments or other amounts owed the Association prior to the debt beirig turned over to a “collection agent” as that term is defined by Section 209.0064 of the Texas Property Code.
2. Term. The term for a payment plan offered by the Association shall be a minimum of three (3) months and a maximum of six (6) months. The Owner shall determine whether the payment plan shall be for the maximum term of six (6) months or a shorter term.
3. Payment Plan Agreement. The Owner shall be obligated to execute a
payment plan agreement (“Payment Plan Agreement”). which sets forth the total amount to be paid, the term of the payment plan, the due date for and amount of each payment, and the address to which paynients are to. be mailed or delivered,. A payment plan shall not be effective until the Owner executes the required Payment Plan Agreement.
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4, Sums Included in Plan. The payment plan shall include all delinquent regular and/or special assessments’ and other sums owed to the Association as of the effective date of the Payment Plan Agreement. The payment plan shall not include any assessments which have not become due and payable to the Association as of the effective date of the Payment Plan Agreement. The Payment Plan Agreement shall provide that any assessments or other valld charges that become due and payable to the Assoclation per the dedicatory instruments of the Association during the term of the payment plan must be paid ina timely manner.
5. Grace Period. There will be a grace period of three (3) business days from the due date for a payment, If a payment is not received at the address set forth in the Payment Plan Agreement. by the close of business on the third (3) business day following the date on which the payment is due, the Owner shall be deemed to be in default of the Payment Plan Agreement.
6. Administrative Costs and Interest. The Association shall add to the
delinquent assessments and other amounts owed to the Association to be paid in accordance with the: Payment Plan Agreement reasonable costs for administering the payment plan, as follows: for the preparation of the Payment Plan Agreement, a sum equal to $5.00 times the number of installments included in the payment plan; and $5.00 per instaliment for receiving, documenting and processing each payment. During the term of the payment plan, interest at the rate provided in the Declaration or by: law shall continue to accrue on delinquent assessments.
7. Monthly Penalties. During the term of the payment plan, the Association shall not impose any monetary penalties with respect to the delinquent, assessments and other charges included in the payment plan, except as provided in Section 6. Monetary penalties include late charges and fees otherwise charged by the management company and/or Association and added to the Owner’s account as a result of the account being delinquent, if any.
8. Default. If an Owner fails to make a payment to the Association by the end of the grace period applicable to the due date for that payment, the Owner shall be in default of the Payment Plan Agreement, at which. point the Payment Plan Agreement shall automatically become void. The Association may. notify the Owner that the Payment Plan Agreement is void as a result of the Owner's default, but notice to the Owner shall not-be. a. prerequisite for the Payment Plan Agreement to become void. If the Association receives a payment after the expiration of the grace period and before the Association. notifies the Owner that the Payment Plan Agreement is void, the Association may accept the payment and apply it to the Owner’s account. The acceptance of a payment made by an Owner after the Payment Plan Agreement has become void shall not reinstate the Payment Plan Agreement.
9. Owners Not Eligible for a Payment Plan. The Association is not required to enter into a payment plan with an Owner who failed to honor the terms of a previous payment plan during the two (2) years following the Owner's default under the previous payment plan.
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I hereby certify that I am the duly elected, qualified and acting Secretary of the Association. and that the foregoing Payment Plan Policy was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the
Association, to be effective upon recording in: the Official Public Records of Real Property of Montgomery County, Texas.
TO CERTIFY which witness. my hand this thedd abe day of Pluck. 2014.
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC,
By: Sal D, Printed: SAW VAL, Cace
Its: Secretary
THE STATE-OF TEXAS
Mminm
COUNTY OF
BEFORE ME, the,undersigngd nptary public, on this*6¥ day o Mitek , 2014 personally appear thes lle: , Secretary of Thousand Oaks Property Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged.to7y exectited the same for
GLORIA LEE
MY COMMISSION EXPIR!
ES ine 20, 2016
Payment Plan Policy for Thousand Oaks Property Owners Association, Inc. Page 3 of 3
Page 16 of 16 in the recorded document
E-FILED FOR RECORD
01/14/2015 9:29AM
Mab Sobel”
COUNTY CLERK
MONTGOMERY COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF MONTGOMERY
| hereby certify this instrument was e-FILED in
file number sequence on the date and at the time stamped herein by me and was duly e-RECORDED in
the Official Public Records of Montgomery County, Texas.
Via
County Clerk Montgomery County, Texas
Doc# 2015003583 Pages 16