Texas Property Code 209 Hearing, Bid Solicitation, Display of Religious Items and Security Measures Policies, filed Jan 28, 2022 (Easy-Read)

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DOC #2022011148 Pages 23

SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS

for

THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.

THE STATE OF TEXAS §

COUNTY OF MONTGOMERY §

The undersigned, being the authorized representative for Thousand Oaks Property Owners Association, Inc. (the “ Association”), a property owner's association as defined in Section 202.001 of the Texas Property Code, hereby supplements the “Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” and “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” recorded in the Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File Nos. 2013070125, 2015003583, 2016108308, 2017025558, 2018073446, 2019006234, 2019007627, 2020020080, 2021089077, 2021128436 and 2021152075 ('Notice"), which 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:

¢ Texas Property Code Chapter 209 Hearing Policy for Thousand Oaks Property Owners Association, Inc.

Bid Solicitation Policy for Thousand Oaks Property Owners Association,

Inc.

Display of Religious Items Policy for Thousand Oaks Property Owners

Association, Inc.

Security Measures Policy for Thousand Oaks Property Owners

Association, Inc.

True and correct copies of such Dedicatory Instruments are attached to this Supplemental Notice.

Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 1 of 2

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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 Notice are true and correct copies of the originals.

Executed on this 28 day of January, 2022.

THOUSAND OAKS PROPERTY OWNERS

ASSOCIATION, INC.

m Ge

Cliff Davis, authorized representative

THE STATE OF TEXAS §

COUNTY OF HARRIS §

BEFORE ME, the undersigned notary public, on this 28 day of January, 2022 personally appeared Cliff Davis, authorized representative 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 executed the same for the purpose and in the

capacity therein expressed. Con Ken

Notary ID #124018437 NeGey Public in and for the Stdiaomfexhe

My Commission Expires October 31, 2025

Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 2 of 2

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TEXAS PROPERTY CODE CHAPTER 209 HEARING POLICY

for

THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.

THE STATE OF TEXAS §

COUNTY OF MONTGOMERY §

L Cole tw. Kielabe Secretary of Thousand Oaks Property Owners Association, Inc., certify that ata meeting of the Board of Directors of the Association duly noticed, and

held on the 2G day of __ Saw a4 : 2022, with at least a

quorum of the Board members being present and remaining throughout, and being duly

authorized to transact business, the following Texas Property Code Chapter 209 Hearing

Policy was approved by not less thana majority of the Board members in attendance. eo.

RECITALS:

1. The property encumbered by this Texas Property Code Chapter 209 Hearing Policy (“Policy”) is all property under the jurisdiction of the Thousand Oaks Property Owners Association, Inc. (“Association”) per the Association’s Dedicatory Instruments [as that term is defined by Texas Property Code Section 209.002(4)] and any other property which may subsequently be annexed thereto and made subject to the authority of the Association.

2. Section 209.007 of the Texas Property Code (“Code”) sets forth notice requirements to provide an Owner with an opportunity to cure a violation or delinquency, including providing the Owner with an opportunity to request a hearing with the Board.

3. The Board of Directors (“Board”) of the Association desires to adopt a procedure for conducting a hearing that is consistent with Sections 209.006 and 209.007 of the Code and applicable provisions in the Dedicatory Instruments.

4. This Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association. :

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BOARD HEARING PARAMETERS

In the event that an Owner requests a Board Hearing pursuant to the Texas Property Code and/or Association’s Dedicatory Instruments, the following parameters will govern the Board Hearing:

L Definitions

A. “ACC” means the Association’s “architectural review authority” (ie., the “Architectural Control Committee”) as contemplated by Section 209.00505 of the Code.

B. “ACC Notice” means the notice of ACC denial sent to the Owner by the Association pursuant to Section III(A) of this Policy.

C. “Board Hearing” means any hearing before the Board pursuant to this Policy.

D. “Code” means the Texas Property Code.

E. “Commons” means any property owned or controlled by the Association for the use and benefit of the Owners,” _

F. “Dedicatory Instrument” has the meaning as defined by Section 209.002(4) of the Code.

G. “Hearing Notice” means the notice of hearing sent to the Owner by the Association pursuant to Section II(B) of this Policy.

H. “Hearing Packet” means the packet provided to the Owner by the Association pursuant to Section IV(B) of this Policy.

I. “Owner” means the record owner(s) of any lot or tract (whether residential or commercial) under the jurisdiction of the Association.

IL Rules Applicable to All Hearings

A. The Board Hearing shall be held no later than the thirtieth (30%) day after the date the Board receives the Owner’s request for a Board Hearing. The Board or the Owner may request a postponement and, if requested, a postponement shall be granted for a period of not more than ten (10) days. Notwithstanding the foregoing, the Board Hearing may be scheduled outside of these parameters by agreement of the parties.

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B. The Board shall provide a Hearing Notice setting forth the date, time, and place of the Board Hearing, to the Owner not later than ten (10) days before the date of the Board Hearing. The Board Hearing may be held by virtual or telephonic means, in which case the access information for the virtual or telephonic Board Hearing shall be the “place” of the Board Hearing for purposes of the Notice.

C. Owners are expected to provide copies of any documentary evidence the Owner . intends to introduce at the Board Hearing to the Board no later than five (5) days before the Board Hearing. ‘

D. The Board is not required to deliberate or reach a determination during the Board Hearing. Rather, all information gleaned from the Board Hearing may be taken under advisement by the Board. The Association or its managing agent may inform the Owner of the Board’s decision in writing within thirty (30) days of the date of the hearing. If there is no written communication from the Association or the managing agent within this timeframe, the violation will remain standing.

E. The Board may set a time limit for the Board Hearing (to be determined at the Board’s sole and absolute discretion) by considering factors including, but not limited to, the complexity of the issues and the number of exhibits. The Board may communicate the time limitation in any manner to the Owner and will make every effort to communicate the timé limitation to the Owner in advance of the date of the hearing. The time limitation will be strictly adhered to and is intended to strike a balance between: (i) allowing the Association ample time to present its case; (ii) allowing the Owner ample time to present the Owner's response; (iii) the Board’s finite amount of time available to consider such issues.

F. All parties participating in the Board Hearing are expected to treat each other professionally and respectfully. The Board reserves the right to terminate a Board Hearing if the Board, in its sole and absolute discretion, determines the Board Hearing has become unproductive and/or contentious. The Board, in its sole and absolute discretion, reserves the right to reconvene any Board Hearing that is terminated pursuant to this Section II(F).

G. Either party may make an audio recording of the Board Hearing.

H. This Policy does not apply to instances where the Association files a suit seeking a temporary restraining order, or temporary injunctive relief, or files a suit that includes foreclosure as a cause of action. Further, this Policy does not apply to a temporary suspension of a person’s right to use Commons that is the result of a violation that occurred in a Commons and involved a significant and immediate tisk of harm to others in the community. The temporary suspension is effective until the Board makes a final determination on the suspension action after following the procedures prescribed by this Policy.

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I. Owners are entitled to one hearing unless the Board, in its sole and absolute discretion, agrees to allow additional hearings.

J. Inaccordance with Section 209.007(e) of the Code, an Owner or the Board may use alternative dispute resolution services.

II.

Additional Rules Applicable to Hearings in Connection with Denial of an ACC Application

A. In accordance with Section 209.00505(d) of the Code, a decision by the ACC denying an application or request by an Owner for the construction of improvements in the subdivision may be appealed to the Board. An ACC Notice of the denial must be provided to the Owner by certified mail, hand delivery, or electronic delivery. The ACC Notice must:

a. describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and

b. inform the Owner that the Owner may request a hearing on or before the thirtieth (30%) day after, the date the notice was mailed to the Owner.

B. During the Board Hearing, the Board (or a designated representative of the Association) and the Owner (or the Owner's designated representative) will each be provided the opportunity to verify facts and discuss the resolution of the denial of the Owner's application or request for the construction of improvements, and the changes, if any, requested by the ACC in the notice provided to the Owner under Section 209.004(d) of the Code.

C. Following the Board Hearing, the Board may affirm, modify, or reverse, in whole or in part, any decision of the ACC as consistent with the Association’s Dedicatory Instruments.

Iv. Additional Rules Applicable to Other Hearings

A. Subject to the exceptions set forth in Section II(H) of this Policy, this Section IV shall apply to Board Hearings in connection with:

a. the levying of fines for violations of the Dedicatory Instruments;

b. suspension of an Owner's right to use the Commons;

c. the filing of a lawsuit against an Owner other than a suit to collect regular or special assessments or foreclosure under the Association’s lien;

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d. charging an Owner for property damage; or

e. reporting of any delinquency of an Owner to a credit reporting service.

B. The Board shall include with the Notice, a Hearing Packet containing all documents, photographs, and communications relating to the matter which the Board intends to introduce at the Board Hearing.

C. Ifthe Board fails to provide the Hearing Packet to the Owner at least ten (10) days before the Board Hearing, the Owner is entitled to an automatic fifteen (15) day postponement of the Board Hearing.

D. During the Board Hearing, a member of the Board or the Association’s designated representative shall first present the Association’s case against the Owner, An Owner, or an Owner's designated representative is then entitled to present the Owner's information and issues relevant to the dispute. The Board may ask questions of the Owner or designated representative.

I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Texas Property Code Chapter 209 Hearing 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.

“dS OWNERS ASSOCIATION, INC. By: | a J

Printed: Bobsert w. Kisfober Its: Secretary

[The remainder of this page left blank intentionally.]

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THE STATE OF TEXAS

COUNTY orf V\ mutoe ni ~ Qa

BEFORE ME, the undersigned notary public, on this Cay of ese 2022,. personally appeared 5 OD Loe cal ie? be Y 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 capacity therein expressed.

CHANTEL BAKER \

Notary 1D #132423439 CO

ission Expi a My ont 2028 Notary Public in and for the State of Texas

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BID SOLICITATION POLICY

for

THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS §

COUNTY OF MONTGOMERY

L Kohert WwW. Ki debe

Secretary of Thousand Oaks Property Owners

Association, Inc., do hereby certify that at a meeting of the Board of Directors of the Association

duly called and held on the 2 day of Sen vewey , 2022, with at

least a quorum of the Board members being present and remaining throughout, and being duly

authorized to transact business, the following Bid Solicitation Policy was duly approved by at - @

least a majority vote of the members of the Board:

RECITALS:

1. The property encumbered by this Bid Solicitation Policy (“Policy”) is the property under the jurisdiction of the Thousand Oaks Property Owners Association, Inc. (“Association”) per the Association’s Dedicatory Instruments [as that term is defined by Texas Property Code

Section 209.002(4)] and any other property which may subsequently be annexed thereto and made subject to the authority of the Association.

2. Texas Property Code Section 209.0052(c) was added to provide an association the right to establish a procedure to solicit bids or proposals for services that will be in an amount in excess of $50,000.00.

3. The Board of Directors (“Board”) of the Association desires to adopt this Policy to establish a systematic procedure for soliciting bids or proposals from contractors who the Association may desire to contract with for Services (as defined below).

4. This Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.

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POLICY:

For purposes of this Policy, “Services” include, by way of illustration and not limitation, pool maintenance and management services, fitness center management services, gate system management services, access system maintenance services, lighting and light inspection services, janitorial services, landscaping services, pest control services, accounting and legal services and any other service which the Association may deem to be necessary to or desirable for the administration and maintenance of the Association.

1 Applicability. This Policy shall only apply to contracts for Services to be performed by third-party service providers (hereinafter referred to as “Contractors”) in exchange for payment by the Association of an amount greater than fifty-thousand dollars ($50,000.00) over the term of the contract. This Policy shall not apply to any contract for the performance of Services in exchange for payment by the Association of an amount less than or equal to fifty-thousand dollars ($50,000.00) over the term of the contract, regardless of whether such contract automatically renews resulting in total payment by the Association of an amount greater than fifty-thousand dollars ($50,000.00). Bid Solicitation. In the event the Association proposes to contract for Services that are subject to this Policy, the Board shall solicit bids or proposals using the bid process established below.

2. Bid Process. an

a. Solicitation. The Board shall notify potential bidders of an opportunity to submit a bid for Services. Such notification may consist of an invitation to bid, a request for proposals, the submission of a master services agreement, or such other method that the Board, in its sole discretion, may deem appropriate for the solicitation of the Services sought (the “Solicitation”).

The Board shall obtain multiple bids for the Services sought, provided there are multiple Contractors who offer the Services available. Notwithstanding the foregoing, the Board shall detérmine, in its sole discretion, the number of bids to seek for the Services. If there is only one qualified bidder for the Services sought, there shall be no requirement to solicit multiple bids.

The Board may implement deadlines by which Contractors must respond to a Solicitation for a bid, which deadlines, if implemented, will be stated in the Solicitation. The Board has the right, but not the obligation, to remove from consideration any Contractor who fails to respond to the Solicitation by the deadline, if implemented.

b. Evaluation. The Board shall determine the method and criteria by which each bid received will be evaluated. In conducting its evaluation, the Board may rely on factors such as, by way of illustration and not limitation, the scope of services, pricing and payment terms, insurance available to the Contractor, Contractor warranties and indemnification obligations, references obtained and past experiences with the Contractor. The Board shall have the sole discretion to determine which bid to select, and the Board shall not be obligated to select the lowest bid if the Board determines that a

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higher bid will better meet the needs of the Association.

c Selection and Notification. The Board shall notify the Contractor whose bid was successful of its selection within a reasonable time period after the date of the Board’s decision, which time period shall be determined in the sole discretion of the Board. Such notification may be sent by certified mail, via email, or by any other method that the Board determines that the notification may be received by the selected Contractor. The Board may, but is not obligated to, notify Contractors whose bids were not selected

of the rejection of their bid.

d. Frequency of Solicitation, Regarding Services subject to this Policy that are an ongoing need in the community (by way of illustration, landscaping services), at least three (3) months prior to the expiration of the term of a contract for such Services, the Association shall follow the bid process set forth in this Policy. The Board, in its sole discretion, may determine which Services constitute an ongoing need within the community. Notwithstanding any language to the contrary in this Policy, the Association is not required to solicit bids for contracts that renew automatically or that renew on a

month-to-month basis per the express terms of the contract.

e. Board Discretion. Notwithstanding anything contained in this Policy to the contrary, the Board has the authority to suspend the Solicitation requirements herein

for any particular contract for Services as it deems necessary in its sole discretion.

Thereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Bid Solicitation Policy was approved by a 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.

By: | \ Printed: ~ bet Ww. Ki edede- ; Its: Secretary [The remainder of this page left blank intentionally.] Bid Solicitation Policy for Thousand Oaks Property Owners Association, Inc. Page 3 of 4

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THE STATE OF TEXAS §

county of AT eck ove ye § ~ Q BEFORE ME, the undersigned notary public, on this® g day oft nrewee ,

, e . S 2022, personally appeared coms LO: K L Ofabomas 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 capacity therein expressed. QO Sroneg hat . Notary Public in and for the State of Texas

CHANTEL BAKER

ny Commission Expires auril 1, 2024

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DISPLAY OF RELIGIOUS ITEMS POLICY

for

THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS

cn mn

COUNTY OF MONTGOMERY

L (Gobet w. Kiefaber , Secretary of Thousand Oaks Property Owners

Association, Inc., do hereby certify that in the open session of a properly noticed meeting of the Board of Directors of the Association, duly called and held on the 26 day of

Danse 2022, with at least a quorum of the Board members being

present and remaining throughout, and being duly authorized to transact business, the following

Display of Religious Items Policy was duly approved by at least a majority vote of the members oe of the Board present at the meeting.

RECITALS:

1. The property encumbered by this Display of Religious Items Policy (“Policy”) is all property under the jurisdiction of the Thousand Oaks Property Owners Association, Inc. (“Association”) per the Association's Dedicatory Instruments [as that term is defined by Texas Property Code Section 209.002(4)] and any other property which may subsequently be annexed thereto and made subject to the authority of the Association.

2. Section 202.018 of the Texas Property Code (“Code”) gives owners and residents certain statutory rights to install religious items subject to the right of the Association to adopt certain rules and regulations regulating the religious items and placement.

3. The Board of Directors (“Board”) of the Association desires to adopt a display of religious items policy consistent with the provisions of Section 202.018 of the Code.

4, This Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein including, but not limited to, Section 6 of the 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. attached to the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc. recorded in the Official Public

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Records of Real Property of Montgomery County, Texas under Clerk’s File No. 2015003583.

POLICY:

Owners and residents are generally permitted to display or affix one or more religious items on the owner's or resident's property or dwelling, the display of which is motivated by the owner's or resident's sincere religious belief.

ACC Application Required. Before‘ a religious display contemplated by the Code is displayed or affixed on an owner's or resident's property, an Architectural Control Committee (“ACC”) application must be submitted to the Association and approved in writing in accordance with Association’s Dedicatory Instruments. The following information must be included with the application:

a. Type and description of religious display;

b. Site plan indicating the location of the proposed religious display with respect to any applicable building line, right-of-way, setback or easement on the owner's or resident's property.

Notwithstanding the foregoing, the following displays shall not require ACC approval. All other religious displays shall require ACC approval as set forth above.

a. One or more religious items displayed or affixed on the entry of an owner's or resident’s dwelling, not exceeding twenty-five (25) square inches, shall not require ACC approval.

b. Seasonal holiday decorations which are temporary and commonly associated with a seasonal holiday may be displayed no more than sixty (60) days before and (30) days after the seasonal holiday in question. The Board has the sole discretion to determine what constitutes a seasonal holiday decoration.

The display or affixing of a religious item on the owner's or resident's property or dwelling is prohibited under the following circumstances:

1. The item threatens the public health or safety; 2. The item violates a law other than a law prohibiting the display of religious speech;

3. The item contains language, graphics or any display that is patently offensive to a passerby for reasons other than its religious content;

4. The item is installed on property:

a. owned or maintained by the Association; or

b. owned in common by members of the Association.

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5. The item violates any building line, right-of-way, setback or easement that applies to the religious item pursuant to a law or the Association’s dedicatory instruments; or

6. The item is attached to a traffic control device, streetlamp, fire hydrant or utility sign, pole or fixture.

Any installation not in compliance with this Policy will be considered a violation of the dedicatory instruments governing the subdivision.

I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Display of Religious Items Policy was approved by not less than a majority vote of the Board 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.

__>

As Secretary of the Association - %

— By: 7

Printed: Kole + ww. Kiedeaber

THE STATE OF TEXAS §

COUNTY oF WN \euchoprstnny §

BEFORE ME, the undersigned notary public, on this ZU. day of Out 2022, personally appeared aaee Lo. 4 H e-Palnerm , 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 capacity therein expressed.

CHANTEL BAKER Q) Ot f) bok AA.

Notary ID #132423439 Notary Public in and for the State of Texas

j My Commission Expires April 1, 2024

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SECURITY MEASURES POLICY

for

THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.

STATE OF TEXAS

am mH

COUNTY OF MONTGOMERY §

L Robert w. Vidaber Secretary of Thousand Oaks Property Owners Association, Inc., do hereby certify that in the open session of a properly noticed meeting of the Board of Directors of the Association, duly called and held on the Ze day of

Sanu ay

2022, with at least a quorum of the Board members being

present and remaining throughout, and being duly authorized to transact business, the following

Security Measures Policy was duly approved by at least a majority vote of the members of the

Board present at the meeting.

RECITALS

1. The Board of Directors (“Board”) of the Thousand Oaks Property Owners Association, Inc. (“Association”) has determined that, in order to provide guidance regarding security measures authorized by Texas Property Code Section 202.023, it is appropriate for the Association to adopt a Security Measures Policy (“Policy”) for the properties under the jurisdiction of the Association.

2. The property encumbered by this Security Measures Policy is that property restricted by the Declaration of Covenants, Conditions and Restrictions for Thousand Oaks Estates Subdivision Section 1, the Declaration of Covenants, Conditions and Restrictions for Thousand Oaks Estates Subdivision Section 2, the Declaration of Covenants, Conditions and Restrictions for Thousand Oaks Estates Subdivision Section 3, and the Declaration of Covenants, Conditions and Restrictions for Thousand Oaks Estates Subdivision Section 4 (hereinafter collective referred to as the “Declaration”) recorded in the Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File Nos. 99052262, 2000-028457, 2002-014602, and 2002-021357 as same have been or may be amended and/or supplemented from time to time, and any other property which has been or may be annexed thereto and made subject to the aitthority of the Association.

3. Texas Property Code Section 204,010(a)(6) provides that a property owners’ association, acting through its Board may regulate “the use, maintenance, repair, replacement, modification and appearance of the subdivision.”

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4, Any reference made herein to approval by the Architectural Control Committee (“Committee”) means prior written approval by the Association’s Committee.

6. All capitalized terms ‘in this Policy, if any, shall have the same meanings as that ascribed to them in the Declaration.

7. This Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.

SECURITY MEASURES POLICY

1. Committee Application Required. Before any security measure contemplated by

Section 202.023 of the Texas Property Code (“Code”) is constructed or otherwise erected or installed on a Tract, an application must be submitted to the Association and approved in writing by the Committee. The following information must be included with the application:

a. Type of security measure;

b. Location of proposed security measure;

c. General purpose of proposed security measure; and

d. Proposed construction plans and/or site plan.

2. Other Applicable Regitirémeénts. Owners are encouraged to be aware of the following issues when seeking approval for and installing a security measure:

a. The location of property lines for the Tract. Each Owner should consider obtaining a survey before installing a security measure;

b. Easements in the area in which the security measure is to be installed;

c. Underground utilities in the area in which the security measure is to be installed.

d. Applicable governmental rules, regulations, and ordinances.

The Association and/or the Committee is not obligated to and will not review an Owner’s security measure application for the above-referenced issues. Owners should be aware that a security measure may have to be removed if a person or entity with superior rights to the location of a security measure objects to the placement of the security measure.

3. Type of Security Measure Fencing, The Code authorizes the Association to regulate the type of security measure fencing that an Owner may install on a Tract.

a. Security measure fencing must be located on the perimeter of a Tract (i.e., the perimeter property lines of the Tract), however, it is prohibited for security measure fencing to: (i) be installed across sidewalks; and/or; (ii) to enclose sidewalks. If a sidewalk is located within the perimeter of a Tract that abuts a street, the security measure fencing shall not be located on side of the sidewalk that is closest to the street. Fencing that is not located on the perimeter of a Tract is not security measure fencing and must comply with

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the terms and provisions of the Declaration and all other applicable Association governing documents. :

The following types of security measure fencing are approvable:

(i)

(iii)

(iv)

(v)

All security measure fencing (including gates) forward of the front exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 shall be metal fencing (either steel, wrought iron, or aluminum) measuring no more than six feet (6’) in height. The Committee shall have the discretion to approve any other type of metal security measure fencing, however, the following types of metal fencing are prohibited and will not be approved: (1) stamped metal fencing (including gates); (2) metal panel fencing (including gates); and (3) solid metal fencing (including gates). It is the intent of this Policy that all security measure fencing and gates located forward of the front exterior wall of the residential dwelling ona Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 have the appearance of what is commonly called “wrought iron fencing.”

All security measure fencing on a Tract in a location other than forward of the frorit exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks

Section 1 shall be wood fencing (with vertical slats smooth side facing out), vinyl fencing, or such other material(s) as required by or authorized by the Declaration and approved at the discretion of the Comunittee (subject to an appeal to the Board of Directors in the event of a Committee denial).

The fence and the gate of all metal security measure fencing located

«forward of the front exterior wall of the residential dwelling on a

Tract or on a commercial Tract located on Reserve E, Thousand Oaks

Section 1 must be made of the same materials.

Metal security measure fencing located forward of the front exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 shall consist of straight horizontal metal rails and straight vertical metal pickets and/or posts, All security measure fencing framing shall be on the inside of the security measure fencing.

Decorative elements and embellishments (whether part of the fence construction or are add-on decorative elements / embellishments) of any type are prohibited on security measure fencing (including gates). This prohibition includes, but is not limited to, prohibiting finials (of any shape or design), fleur de lis, points, spears (of any

Security Measures Policy for Thousand Oaks Property Owners Association, Inc,

Page 19 of 23 in the recorded document

(vi)

(vii)

(viii)

{ix)

(x)

(xi)

shape or design), and gate toppers of any type. Stamped metal security measure fencing (including gates) is prohibited. Metal panel fencing is prohibited.

The color of all metal security measure fencing (including gates) located forward of the front exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 shall be black.

Metal Security measure fencing pickets shall be 3/4", 4” on center with 1-1/4” top and bottom rails unless otherwise approved by the Committee (subject to an appeal to the Board of Directors in the event of a Committee denial).

Any driveway or pedestrian gates on security measure fencing located forward of the front exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 must slide open or open inward and related fence motors/ equipment must be kept screened from view with evergreen shrubs or in such other manner approved in writing by the Committee. a

When metal security measure fencing meets a wood or vinyl fence, the security measure fencing may not be attached to the wood or vinyl fence. The security measure fencing shall be terminated with a three-inch (3”) metal post (either steel, wrought iron, or aluminum) adjacent to the wood post/wood fencing or in such other manner approved at the discretion of the Committee (subject to an appeal to the Board of Directors in the event of a Committee denial).

. Chain link, brick, concrete, barbed wire, razor wire, brick, poured

fences, electrified fencing of any type, and masonry security measure fencing in any location ona Tract is expressly prohibited and will not be approved by the Committee. Notwithstanding any language to the contrary in this Policy, masonry perimeter or vinyl fencing may, unless otherwise provided by the Declaration, be approved if located ona Tract in a location other than forward of the front exterior wall of the residential dwelling on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1 at the discretion of the Committee (subject to an appeal to the Board of Directors in the event of a Committee denial). Security measure fencing made of dirt mounds and/or berms is prohibited.

No vines or vegetation shall be allowed to grow on security measure fencing forward of the front exterior wall of the residential dwelling

Security Measures Policy for Thousand Oaks Property Owners Association, Inc.

Page 20 of 23 in the recorded document

on a Tract or on a commercial Tract located on Reserve E, Thousand Oaks Section 1.

(xii) All. security measure fencing must be installed per the manufacturer's specifications and all electric gates must be installed by a licensed electrician or other qualified professional in accordance with all applicable codes and applicable governmental regulations.

(xiii) Placement of security measure fencing and/or security measures of any type must comply with city, county, and/or state ordinances and regulations, if any.

(xiv) All security measure fencing must be maintained in a neat and attractive appearance as required by this Policy and/or the Declaration. This includes, but is not limited to: (1) repair or replacement of fence pickets and posts when necessary (including bent or damaged metal fencing); (2) painting all metal security measure fencing when necessary; and (3), repair, replacement, or removal of secutity measure fencing that has been damaged by wind, flood, fire, accident, or any other cause.

- ee

c. Ifthe proposed security measure fencing is located on one or more shared Tract lines with adjacent Tract(s) (collectively the “Affected Tracts”), all Owners of record of the Affected Tracts must sign the application evidencing their consent to the security measure fencing before the requesting Owner (“Requesting

Owner”) submits the application to the Committee. In the event that the Affected

Tract Owner(s) refuse to sign the application as required by this section, the Association shall have no obligation to participate in the resolution of any resulting dispute in accordance with this Policy.

4. Burglar Bars, Security Screens, and Front Door Entryway Enclosures. The color of all burglar bars, security screens, and front door entryway enclosure shall be black. Notwithstanding the foregoing, the Committee shall have the discretion to approve another color for burglar bars, security screens and front door entry enclosure if, in the discretion of the Committee (subject to an appeal to the Board of Directors in the event of a Committee denial), the proposed color of the burglar bars, security screens, and front door entryway enclosures complements: (a) the exterior color of the dwelling on a Tract; or (b) the commercial structure located on Reserve E, Thousand Oaks, Section 1. All burglar bars and front door entry enclosures must be comprised of straight horizontal cross-rails and straight vertical pickets. Decorative elements and embellishments (whether part of the original construction of the burglar bar or security screen or are add-on decorative elements/embellishments) of any type are prohibited on burglar bars, security screens, and front door entryway enclosures.

5. Location. A security measure may be installed only on an Owner's Tract, and may not be located on, nor encroach on, another Tract, street right-of-way, Association Commons, or any

Security Measures Policy for Thousand Oaks Property Owners Association, Inc. Page 5 of 7

Page 21 of 23 in the recorded document

other property owned or maintained by the Association. No security measure fencing shall be installed in any manner that would prevent someone from accessing property that they have a right to use/ access,

6. If any term or provision of this Policy is found to violate any law, then this Policy will be interpreted to be as restrictive as possible to preserve as much of the intent of this Policy as allowed by law.

7. Disputes; Disclaimer; Indemnity. Security measures, including but not limited to, security cameras and security lights, should, to the extent possible, not be installed in a manner that the security measure is aimed/ directed at an adjacent Tract that results in an invasion of privacy or cause a nuisance to a neighboring Owner, resident, or tenant. In the event of a dispute between Owners, residents, and/or tenants regarding security measure fencing, or a dispute between Owners, residents, and/or tenants regarding the aim or direction of a security camera or security light: (a) the Association shall have no obligation to participate in the resolution of the dispute; and (b) the dispute shall be resolved solely by and between the affected Owners, residents, and/or tenants.

Each Owner and occupant (including tenants) of a Tract under the jurisdiction of the Association acknowledges and understands that the Association, including its directors, officers, managers, agents, employees and the Committee, are not insurers and that each Owner and occupant (including tenants) of any dwelling, structure, and/or Tract that has a security measure contemplated by Texas Property Code Section 202.023 that has been or will be installed pursuant to this Policy assumes all risks for loss or damage to persons, to dwellings and improvements (including commercial structures) and to the contents of dwellings and improvements (including commercial structures), and further acknowledges that the Association, including its directors, officers, managers, agents, employees and the Committee have made no representations or warranties nor has any owner or occupant (including tenants) relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any security measure that may be approved by the Association and/or Committee pursuant to this Policy.

OWNERS OF TRACTS WITHIN THE ASSOCIATION HEREBY AGREE TO

INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE

ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS,

EMPLOYEES AND COMMITTEE MEMBERS COMPRISING THE COMMITTEE

(COLLECTIVELY REFERRED TO AS THE “INDEMNIFIED PARTIES”) FROM AND

AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT

BY AN OWNER OR OCCUPANT) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO

A SECURITY MEASURE GOVERNED BY THIS POLICY. THIS COVENANT TO

INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT

LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN

PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF

WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR

CONTRIBUTORY CAUSE OF ANY CLAIM.

Security Measures Policy for Thousand Oaks Property Owners Association, Inc. Page 6 of 7

Page 22 of 23 in the recorded document

Any installation not in compliance with this Policy will be considered a violation of the dedicatory instruments governing the Tracts under the jurisdiction of the Association.

Thereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Security Measures Policy was approved by not less than a majority vote of the Board 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,

Its: Secretary

Printed: obet W. Kielabol

THE STATE OF TEXAS §

COUNTY oF lodgers § . ‘@) 0 BEFORE ME, the undersigned notary public, on this CU day o Onn!

2022, personally appeared ober’ UL. tKi2 faloer 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 capacity therein expressed.

CHANTEL BAKER

Notary ID #132423439 : My Commission Expires

Notary Public in and for the State of Texas

April 1, 2024

Security Measures Policy for Thousand Oaks Property Owners Association, Inc. Page 7 of 7

Page 23 of 23 in the recorded document

Doc #: 2022011148

E-FILED FOR RECORD

01/28/2022 10:47AM

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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