First Supplement to the Notice
of Filing of Dedicatory Instruments
Witnesseth
I. Exempted Actions/Remedies
II. Generally
III. Violation
IV. Optional Courtesy Notice
V. Notice of Violation
VI. Owner's Right to Request a Hearing
VII. Referral to Legal Counsel
VIII. Categories of Violations and Schedule of Fines
A. Schedule of Fines
FIRST SUPPLEMENT TO THE NOTICE OF FILING
OF DEDICATORY INSTRUMENTS FOR EDGEWATER AT CEDAR CREEK LAKE
[Covenant Enforcement Policy and Fining Schedule]
WHEREAS, the Association is the property owners’ association created to manage or regulate the planned unit development subject to the Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek Lake, recorded on or about June 12, 2017, as Document No. 2017-0013241 of the Real Property Records of Kaufman County, Texas (the “Declaration”); and
WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the development is located; and
WHEREAS, the Association previously recorded a Notice of Filing of Dedicatory Instruments for Edgewater at Cedar Creek Lake on or about September 22, 2021, as Instrument No. 2021-0038876 of the Real Property Records of Kaufman County, Texas (the “Notice”); and
WHEREAS, the Association desires to supplement the Notice with the dedicatory instrument attached hereto as Exhibit “A” pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is a true and correct copy of the original and is hereby filed of record in the Real Property Records of Kaufman County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this First Supplement to be executed by its duly authorized agent as of the date first above written.
EDGEWATER AT CEDAR CREEK LAKE HOMEOWNER’S ASSOCIATION, INC.
COVENANT ENFORCEMENT POLICY AND FINING SCHEDULE
(Section 209.0061 of the Texas Property Code Compliant)
WHEREAS, Edgewater at Cedar Creek Lake Homeowner’s Association, Inc. (the “Association”) is authorized to enforce the covenants, conditions and restrictions contained in the Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek Lake (the “Declaration”), the Bylaws of Edgewater at Cedar Creek Lake Homeowner’s Association, Inc. (the “Bylaws”), any guidelines, any policies, and any rules and regulations adopted by the Board pursuant to the Declaration (collectively, the “Restrictions”); and
WHEREAS, pursuant to Article 5, Section 5.15(A) of the Declaration, before levying a fine, the Association will give the Owner a written violation notice by certified mail, return receipt requested, and an opportunity to be heard; and
WHEREAS, pursuant to Article 9 of the Bylaws, the Association shall have the power to impose sanctions for any violation of the Restrictions; and
WHEREAS, in order to comply with Sections 209.006, 209.0061, and 209.007 of the Texas Residential Property Owners Protection Act (the “Act”) the Board of Directors of the Association desires to adopt the following policies and procedures for the enforcement of the restrictive covenants set forth in the Restrictions and for the levying of fines against violating owners.
NOW, THEREFORE, IT IS RESOLVED that the following procedures and practices are established for the enforcement of the Restrictions and for the elimination of violations of the Restrictions and the same are to be known as the “Covenant Enforcement Policy and Fining Schedule” (to be referred to herein as the “Enforcement Policy”).
This Enforcement Policy and the procedures herein do not apply if the Association files suit seeking a temporary restraining order or temporary injunctive relief, files suit to recover money damages, is seeking to recover unpaid assessments and/or is pursuing judicial or non-judicial foreclosure, is pursuing a self-help remedy, in the event the Association temporarily suspends an Owner’s right to use the Common Area based upon a violation that occurred on the Common Area and involved a significant and immediate risk of harm to others in the community, or a counterclaim of the Association in a lawsuit brought against the Association by a property owner.
The steps and procedures contained in this Enforcement Policy serve as a general outline of the procedures to follow for enforcement of the covenants, conditions, restrictions and rules contained in the Restrictions; provided, however, that this Enforcement Policy does not apply to collection of assessments and related costs and charges. The Association is not bound to follow the exact procedures in every enforcement matter except as required by the Restrictions or the Act. The procedures in this Enforcement Policy are not intended to constitute a prerequisite or condition precedent to the Association’s ability to pursue a remedy to enforce against any violation or to obtain any legal relief or remedy except as required by the Act.
The definitions contained in the Association’s Restrictions are hereby incorporated herein by reference. For purposes of this Enforcement Policy, “Lot” shall have the same meaning as “Lot” as defined in Article I, Section 1.1 of the Declaration.
Any condition, conduct, use, activity, or improvement which does not comply with the provisions of the Restrictions shall constitute a “Violation” under this Policy for all purposes. A Violation is considered a threat to public health or safety if the Violation could materially affect the physical health or safety of an ordinary resident. A Violation is considered uncurable if the Violation has occurred but is not a continuous action or condition capable of being remedied by affirmative action. The following are examples of acts considered uncurable for purposes of this Policy:
a. an act constituting a threat to health or safety;
b. a noise violation that is not ongoing;
c. property damage, including the removal or alteration of landscape; and
d. holding a garage sale or other event prohibited by the Restrictions.
The non-repetition of a one-time Violation or other Violation that is not ongoing is not considered an adequate remedy to the Association with respect to the enforcement of such Violation.
Upon discovery of a Violation, the Board or its delegate may, but is not obligated to, forward to the Owner of the Lot in question written notice via regular first-class mail, email, or via postcard of the discovery of a Violation(s) (the “Courtesy Notice”). The Courtesy Notice will give the Owner a deadline for correction or cure. The Board or its delegate may proceed immediately to the notice below and is not required to send this Courtesy Notice.
If the Violation is not corrected or eliminated within the time period specified in the Courtesy Notice, or if the Board or its delegate deem it appropriate to proceed without the Courtesy Notice, the Association will send the Owner of the Lot in question a written notice of the Violation(s) by verified mail at the Owner’s last known address as shown on the Association’s records as well as to any other address the Owner has used or provided to the Association or for which the Association believes to be connected to the Owner (the “Notice of Violation”). A Notice of Violation is not required if the alleged violator received a Notice of Violation relating to a similar Violation within six (6) months of the current Violation and was given a reasonable opportunity to cure the prior Violation. In such event, the Board may impose sanctions as authorized by the Restrictions and/or this Enforcement Policy without notice to the Owner other than the Notice of Sanction/Fine described below. A Notice of Violation is also not required if the Act does not require it. The Notice of Violation, if required, will provide, as applicable, the following:
1. Describe the Violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Association from the Owner;
2. Inform the Owner that the Owner:
a. is entitled to a reasonable period to cure the Violation and avoid the fine or suspension if the Violation is of a curable nature and does not pose a threat to public health or safety,
b. may request a hearing under Section 209.007 on or before the 30th day after the date the Notice of Violation was mailed to the Owner; and
c. may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.),if the owner is serving on active military duty.
3. Specify the date by which the Owner must cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety; and
4. Notify the Owner that if a curable Violation is not corrected or eliminated within the time period specified in the Notice of Violation, or if the conduct which constitutes a Violation is committed again, or if a written request for a hearing is not made on or before the 30th day after the date of the Notice of Violation, that the sanctions or actions delineated in the Notice of Violation may be imposed or taken and that any attorney’s fees and costs will be charged to the Owner.
VI
Owner’s Right to Request a Hearing
If the Owner is entitled to an opportunity to cure the violation, the Owner 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. However, Owners do not have a right to request a hearing if (i) the Owner is not entitled to an opportunity to cure the violation; (ii) if 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; or (iii) the Association temporarily suspends a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision.
If the Owner is entitled to a hearing and timely requests such hearing, the Association will hold the hearing not later than the 30th day after the date the board receives the Owner’s written 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 owner may request a postponement, and if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
The Owner or the Association may make an audio recording of the meeting.
Not later than ten (10) days before the Association holds a hearing hereunder, the Association shall provide to an Owner a packet containing all documents, photographs, and communications relating to the matter the Association intends to introduce at the hearing. If the Association does not provide a packet within the ten-day period, the Owner is entitled to an automatic 15-day postponement of the hearing.
During the hearing, a Board member or the Association’s designated representative shall first present the Association’s case against the Owner. The Owner or the Owner’s designated representative is entitled to present the Owner’s information and issues relevant to the appeal or dispute.
Where a Violation is determined or deemed determined to exist and where the Board deems it to be in the best interests of the Association to refer the Violation to legal counsel for appropriate action, the Board may do so at any time. Such legal action may include, without limitation, sending demand letters to the violating Owner, filing a notice of violation or non-compliance against the Lot in the real property records, seeking injunctive relief against the Owner to correct or otherwise abate the Violation, and/or filing suit to collect fines and/or costs incurred to cure Violations or repair property damage. Attorney’s fees and all costs incurred by the Association in enforcing the Restrictions and administering this Enforcement Policy shall become the personal obligation of the Owner. Fines may be levied as Individual Assessments pursuant to Article V, Section 5.3 of the Declaration and are secured by the Association’s assessment lien as further provided in Article V of the Declaration.
VIII
Categories of Violations and Schedule of Fines
The Board of Directors has established a list of the general categories of restrictive covenants for which the Association may assess fines for violation of the covenants and the schedule of fines for each such category. These categories and schedules are attached hereto as Exhibit A.
Schedule of Fines
The Board reserves the right to vary from this fine schedule on a case-by-case basis depending on the nature and severity of any Violation. An Owner’s conduct may violate more than one provision of the Association’s governing documents in which case the Association may levy a fine for each category of Violation. Initial Fines, 2nd Fines and Additional Fines may double for repeat offenders of the same or similar Violation.
Subject to the provisions of this Enforcement Policy and/or the Restrictions, the general categories of Violations and the schedule of fines for those Violations shall be as follows:
CATEGORY OF VIOLATION |
TYPE |
INITIAL FINE |
2ND AND ADDITIONAL FINES |
Single-Family/Business Use |
Curable |
Up to $500 |
Up to $1000 per month |
Nuisance/Noxious/Offensive Conduct |
Uncurable |
Up to $500 (one-time) |
|
Nuisance/Noxious/Offensive Conduct |
Curable |
Up to $500 |
Up to $1000 per month |
Architectural Violations |
|
|
|
Failure to Submit Plans |
Uncurable |
Up to $500 (one-time) |
|
Failure to Construct Per Approved Plans |
Curable |
Up to $500 |
Up to $500 per month |
Failure to Construct Per Approved Plans |
Curable |
Up to $10,000 (one-time) |
N/A |
Parking & Vehicle-Related Violations |
Curable |
Up to $500 |
Up to $1000 per month |
Parking & Vehicle-Related Violations |
Uncurable |
Up to $500 (one-time) |
N/A |
Pet & Animal (Livestock) Violations |
Curable |
Up to $500 |
Up to $1000 per month |
Pet & Animal (Livestock) Violations |
Uncurable |
Up to $500 (one-time) |
N/A |
Maintenance, Construction, Landscaping & Drainage Violations |
Curable |
Up to $500 |
Up to $1000 per month |
Maintenance, Construction, Landscaping & Drainage Violations |
Uncurable |
Up to $500 (one-time) |
N/A |
Rules & Regulations Violations |
Curable |
Up to $500 |
Up to $1000 per month |
Rules & Regulations Violations |
Uncurable |
Up to $500 (one-time) |
N/A |
All Other Violations |
Curable |
$100 |
$250(2nd); $500 (3rd+) |
All Other Violations |
Uncurable |
$100(one-time) |
|
