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CERTIFICATE OF SECRETARY
of
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
regarding
COMMON AREA RULES
THE STATE OF TEXAS
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COUNTY OF MONTGOMERY
L Boout bo. Kieleber Secretary of Thousand Oaks Property Owners
Association, Inc. (“Association”), do hereby certify that in the open session of a properly noticed meeting of the Board of Directors (“Board”) of the Association, duly called and held on the
SOK, day of Se D temper , 2021, with at least a quorum of the Board members
being present and remaining throughout, and being duly authorized to transact business, the
following Common Area Rules were duly approved by at least a majority vote of the members of
the Board.
RECITALS:
1. Texas Property Code Section 204.010(a)(6) gives the Association, acting through the Board, the authority to regulate the use, maintenance, repair, replacement, modification, and appearance of the properties under the jurisdiction of the Association.
2. Article VII, Section 1(a) of the Association's Amended and Restated Bylaws of Thousand Oaks Property Owners Association, Inc. (“Bylaws”) authorizes the Board to adopt and publish rules and regulations governing the use of Common Area and facilities and the personal
conduct of Association members and their guests thereon, and to establish penalties for infractions thereof.
3. Bylaws Article II, Section 3 defines “Common Area” as all real property owned by the Association for the common use and enjoyment of the owners.
4. Each applicable Declaration of Covenants, Conditions and Restrictions for Thousand Oaks, Sections One (1) through For (4) (collectively the “Declaration”) defines “commons” as any property reserved for of dedicated to the common use of property owners. Each applicable Declaration identifies the private drives and roadways as part of the commons.
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5. The Board has determined it is in the best interest of the Association to establish certain rules regarding the use of the Common Areas and commons.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of the Association has adopted the following Common Area Rules.
COMMON AREA RULES
1. All capitalized terms used in these Common Area Rules (“Rules”) will have the same meanings as those set forth in the Declaration unless otherwise defined herein.
2. Each Owner is responsible for assuring that the Owner and the Owner's tenant(s), occupant(s), guest(s), and invitees comply with the terms and provisions of these Rules. In the event that an Owner, tenant, occupant, guest, or invitee of an Owner violates any term or provision of these Rules, the Association’s Board of Directors (“Board”) shall have the authority to impose a fine as described below upon the Owner of the applicable Lot.
3. “Lot” as used herein shall mean any of the numbered residential lots shown on the plat maps (including all amendments to or replats of same, if any) for Thousand Oaks, Sections (1) through Four (4).
4. “Association Gates” as used herein shall mean all gates on and across the Private Streets that are maintained by the Association and all equipment related to the operation of the gates.
5. “Private Streets” or “Private Street” as used herein shall mean the private roadways, private drives, and private rights-of-way as designated on the plat maps (including all amendments to or replats of same, if any) for Thousand Oaks, Sections (1) through Four (4) and shall include both the paved and unpaved portions of said areas. The drainage ditches located in said areas, if any, are part of the Private Streets.
6. Parking on the Private Streets is prohibited between the hours of 12:30 a.m. and 6:00 a.m.
7. Owner, residents, tenants, and guests are prohibited from turning on, turning off, pushing, and/or manually or otherwise opening or closing the Association Gates.
8. Owners, residents, tenants, and guests are prohibited from touching
or manipulating any controls or equipment related to the operation of the Association Gates.
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9. Owners, residents, tenants, and guests are prohibited from causing damage to any Common Area.
10. Each Owner is responsible to reimburse the Association for the actual cost of any maintenance or repair to the Common Area (including but not limited to the Association Gates) that arises from the actions of the Owner or the Owner's tenants, occupants, guests, and invitees (including the Owner's contractors). The Association shall give the notice required by law, if any, before an Owner is charged for damage to a Common Area.
11. ~—_s In addition to the Owner's obligation to reimburse the Association under Rule number 9, the Association may levy a fine against the responsible Owner for up to five hundred dollars and 00/100 ($500.00) per occurrence for any violation of these Rules (including the failure of an Owner to pay the cost described in Rule number 9}. The Association shall give the notice required by law, if any, before a fine is levied.
12. Parking, storing, or keeping a vehicle on any Private Street in violation of these Rules may result in the offending vehicle being towed at the owner/operator’s expense to a vehicle storage facility in accordance with Chapter 2308 of the Texas Occupations Code or its successor statute.
13. In addition to towing and/or fining as provided above, the Association may file a lawsuit against any party that violates these Rules seeking all legal remedies available to the Association. A lawsuit is a remedy in addition to, not in lieu of, towing and/or imposing a fine.
Thereby certify that I am the duly elected and acting Secretary of the Association and that these Common Area Rules were approved by at least 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.
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
Printed: Fobes+ us. Kidbaer Its: Secretary
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THE STATE OF TEXAS
mim uM
COUNTY OF Hareig
th BEFORE ME, the undersigned notary public, on this G day of Ocrber
2021, personally appeared Robert KieFaber ,as 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 s/he executed the same for the purpose
and in the capacily therein expressed.
Le
Comm, Expires 10-18-2023 Notary Public in and for the State of Texas Notary 1D 130405276
Notary Public, State of Texes
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Doc #: 2021140608
E-FILED FOR RECORD
10/08/2021 11:17AM
Math. Sub!
COUNTY CLERK
MONTGOMERY COUNTY. TEXAS
STATE OF TEXAS,
COUNTY OF MONTGOMERY
| hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein
by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
he) Mab unbl”
County Clerk Montgomery County, Texas.
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