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Resolution - Street Parking

SUPPLEMENT TO GOVERNING DOCUMENTS FOR 

WOOD MEADOW COMMUNITY IMPROVEMENT ASSOCIATION

DOCUMENTS GOVERNING THE FOLLOWING SUBDIVISIONS:

WOOD MEADOW, SECTION TWO

FILED OF RECORD IN COMPLIANCE WITH SECTION 202.006 OF THE TEXAS PROPERTY CODE AS PART OF THE DEDICATORY INSTRUMENT GOVERNING THE ABOVE-DESCRIBED SUBDIVISION

WOOD MEADOW COMMUNITY IMPROVEMENT ASSOCIATION
RESOLUTION REGARDING ENFORCEMENT OF RESTRICTIVE COVENANTS
 
       
        WHEREAS, the By-Laws governing Wood Meadow Community Improvement Association, Inc., ("the Association"), as well as Chapter 204 of the Texas Property Code and the Texas Non-Profit Corporation Act, authorize the Association to exercise all powers reasonable and necessary for the governance and operation of the Association; and

        WHEREAS, the Texas Property Code further authorizes the Association to regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision; and

        WHEREAS, Chapter 209 od the Texas Property Code requires that specific notice be provided to each property owner in connection with violations of the restrictions, by-laws or rules, prior to certain enforcement efforts by the Association; and

        WHEREAS, the Association's Board of Directors has determined that the adoption of certain policies, procedures, rules and guidelines are necessary and desirable for the fair, efficient, consistent, uniform and cost-effective management of the Association, and that such action would serve the best interest of the Association and its members; and

        WHEREAS, the Association's Board of Directors has also determined that it is in the Association's best interest to adopt certain policies, rules and procedures regarding the storage, parking and condition of vehicles located within the Wood Meadow community and, in particular, the towing of vehicles, after proper notice, in violation of the Parking Rules and Regulations enumerated below.

NOW, THEREFORE, BE IT RESOLVED that the following policies, procedures, rules and guidelines regarding the storage, parking and condition of vehicles within the Wood Meadow community are hereby adopted and in all respects ratified on behalf of the Association and its members:
Rule I - Road Worthiness: Vehicle Condition

 All motor vehicles parked within the community must be operable and in good running condition, unless stored within a garage or other approved enclosure, completely concealed from public view. All motor vehicles must be equipped with a valid license tag and current state inspection sticker, and shall in all respects be "street legal" and otherwise fully equipped for legal operation upon the streets and highways in this state.

Rule II - Grass or sidewalks

 Residents and guests are prohibited from parking and/or operating any motorized vehicle on the grass and/or sidewalk areas within the community, including but in no way limited to the grass/lawn areas of residential Lots, common areas, parks and greenbelt areas.

Rule III - Storage/Street Parking

 No truck, trailer, boat, automobile or other vehicle, whether operable or inoperable, shall be stored, parked, or kept on any lot, including the driveway, or in the street in front of the Lot, unless such vehicle is in day-to-day use off premises and such parking is only temporary. If a vehicle is stored, parked, or kept in the street in front of the Lot for a period of (5) days or more, without being moved, such vehicle will be considered abandoned.

DUE PROCESS

Level 1 Offense

Failure to abide by one or more of the above-stated parking rules shall constitute a Level 1 Offense. This shall result in a written reprimand, issued for a parking rules/regulation infraction. The offense is logged and kept as part of a continuing file by the Association's managing agent.

Level 2 Offense

A second inspection for compliance shall be made after a five (5) day grace period. If the violation still exists a parking sticker will be placed on the vehicle advising the owner of the infraction. In addition, a written notification may be sent to the vehicle owner (or purported owner) at this time.
Level 3 Offense

A third inspection for compliance shall be made after three (3) days. Should the owner continue to be in non-compliance, the matter shall be referred to the Association's attorney for appropriate legal action. At that time, a final notice will be forwarded, via certified mail, return receipt requested, and by regular U.S. Mail, instructing the owner to correct the existing deed restriction and/or parking violation. The owner will be given an additional five (5) day period, within which to comply.
Final Disposition

Failure to correct a violation within (5) days of the final notice will result in the vehicle being towed, or otherwise removed form the premises, without further notification, and at the owner's expense. In the alternative, the Association may bring an action at law or in equity (file a lawsuit) against the owner of the vehicle and/or owner of the property, seeking appropriate legal/equitable remedies, including but not limited to the issuance of a permanent injunction (a Court Order requiring the owner to comply with the deed restrictions and/or Parking Rules), civil damages not to exceed $200.00 per day, cost of Court, legal fees and expenses incurred by the Association. All of such actions(s) shall be taken at the owner's expense. Should the owner fail to reimburse the Association after notice of the amount of expenses incurred in connection with such violations(s), the collection of such expenses will be referred to the Association's attorney for appropriate legal action. The owner will receive one (1) letter from the attorney, requesting payment of the amount due within twenty (20) days; if full payment/reimbursement is not timely received, a lawsuit will be filed on behalf of the Association for collection of said amounts(s).

Adopted on this 3rd day of August, 2009

WOOD MEADOW COMMUNITY IMPROVEMENT ASSOCIATION, INC.

*Following are signatures of the Resolution

Cecelia J. Ganje
President

Tina Thomas
Secretary

Robert J. Burkhart
Vice President

David Hall
Board Member

** See the attached document for the AFFIDAVIT section