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Announcements
Monthly Board
Meeting
October 22,
2009
7:00pm
Open Session
Agenda:
·
Hearing of
Visitors
·
Approval of September 24,
2009 Minutes
·
Financial
Report
·
Swimming Pool
Report
·
Marina Report
·
President
·
Old
Business
o
Mil Tax Voting
Status
·
New Business
RESOLUTION TO
IMPLEMENT DEED RESTRICTION
ENFORCEMENT
PROCEDURES
WHEREAS
the Board of Trustees of the Nassau Bay Homes Association, Inc. (the
"Association") is charged, under the terms of the dedicatory
instruments governing its community, with the responsibility of
enforcing, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, rules, liens and charges now or
hereinafter imposed by the provisions of the Declarations of
Conditions, Covenants and Restrictions governing the community (the
"Declaration"); and
WHEREAS
from time to time homeowners violate the restrictions set forth
within the Declaration and fail to respond to the demands from the
board to place their properties in compliance with the restrictions
imposed by the Declarations; and
WHEREAS
the Association deems it to be in the best interest of the
Association to adopt a uniform and systematic procedure for dealing
with the deed restrictions in a timely manner, and further believes
it to be in the best interest of the Association to refer deed
restriction violations to an attorney for enforcement so as to
ensure restriction compliance by homeowners in an effort to preserve
and maintain real estate values throughout the community; and
WHEREAS
there is need for policy to be established concerning the procedures
to follow in enforcing deed restriction violations for the Nassau
Bay Homes Association, Inc.;
NOW THEREFORE
BE IT RESOLVED THAT THE FOLLOWING PROCEDURES BE ADOPTED TO COMPLY
WITH THE TEXASPROPERTY CODE, CHAPTER 209 AND AMEND ALL PRIOR
ENFORCEMENT PROCEDURES AND MAY BE AMENDED IN THE FUTURE BASED ON
NEWLY ENACTED LAWS:
- When
the Association, or a committee formulated by its board to address
deed restriction enforcement, have collectively determined that a
violation(s) exists with regard to a particular Section of the
Association's Deed Restrictions, a letter/notice advising of same
shall be sent to the lot owner and/or resident giving the owner
and/or resident approximately fifteen (15) days from the date of
the letter to cease and/or correct the violation(s).
- At
the end of the fifteen (15) day period, the Association, its
property manager agent, or its designated representative assigned
the specific task, will then again inspect the premises to see if
the violation(s) have been corrected. At this time, a second
Designated representative will investigate the violation(s) and
confirm the appropriateness of the actions being taken by the
Association. If the violation(s) still exist, a second
letter of violation will be sent to the owner and/or resident by
certified mail, return receipt requested, describing the
violation(s) that is the basis for the action and informing the
owner of the option of either curing the violation(s) or
submitting a written request for a hearing on or before the
30th day after the owner and/or resident received the
notice.
- In
the event that the violation is deemed a hazard or so egregious in
nature as to require immediate action, the Association shall
bypass the notice requirements and secure either a temporary
restraining order or temporary injunction relief.
- If
an owner and/or resident has previously been given notice and a
reasonable opportunity to cure a similar violation(s) within the
preceding six months then the owner and/or resident is entitled to
neither an opportunity to cure the violation(s) nor the right to
request a hearing.
- If
the owner and/or resident is entitled to an opportunity to cure
the violation(s), the owner and/or resident has the right to
submit a written request for a hearing to discuss and verify facts
and resolve the matter in issue before the Board of
Trustees.
- The
board shall hold a hearing not later than the 30th day
after the date the board receives the owner's request for a
hearing and shall notify the owner of the date, time, and place of
the hearing not later than the 10th day before the date
of the hearing. The board or the owner may request a
postponement, and, if requested, a postponement shall be granted
for a period not more than 10 (ten) days. Additional
postponements may be granted by the agreement of the parties. The
owner or association may make an audio recording of the
meeting.
- If
the Board of Trustees rules in favor of the owner and/or resident
then no further action shall be taken against the owner and/or
resident and this incident will not be considered a
violation.
- If
the Board of Trustees rules against the owner and/or resident then
the resident shall have ten (10) days form the date of the ruling
to cease and/or correct the violation(s). At the end of the
ten (10) day period, the premises will again be inspected to see
if the violation(s) have been corrected. If not, the
Committee Chairperson and/or Association Manager will notify the
Board of Trustees of the status of the violation(s). After
documented additional inspections by two Designated
representatives, the Association will request an attorney's letter
be sent to the lot owner.
- As
soon as possible after the correction date set by the attorney, in
his correspondence to the owner of the noncomplying owner, the
property will be inspected again. If the violation(s) have
not been corrected, the Association will determine whether further
legal action is to be taken, including, but not limited to,
seeking a permanent injunction against the owner of the lot not in
compliance, or performing, in accordance with the rights afforded
to the Association under the Declarations, all activities
necessary to repair, maintain or restore a lot in violation and
charging the owner of the lot all costs associated with the
performance of such work including any incurred Attorney
fees.
BE IT FURTHER
RESOLVED that a copy of this resolution shall be sent to
all homeowners at their last known address.
The resolution was
adopted by the Board of Trustees on 22nd day of August,
2002 and shall be effective on 1st day of September
2002.
NASSAU BAY HOMES ASSOCIATION,
INC.
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