BY LAWS
Waterleaf Falls Neighborhood HOA

1. Violation Notices.
   i. Courtesy Warning Letter (curable violations only). Upon becoming aware of a deed restriction violation that is curable and at the sole option of the Board or management professional, the Association may send a Courtesy Warning Letter requesting that the owner cure that violation by a date certain to avoid fines or other enforcement action.

2. ii. 209 Violation Notice. If a violation is not cured in response to any Courtesy Warning Letter or if a Courtesy Warning Letter is not sent, the Board, in addition to all other available remedies, may: 

3. A. Levy a fine;

4. B. Suspend the owner's right to use common area, if allowed under the governing documents; and/or

5. C. Charge the owner for damage to common area.

6. Any such action shall be initiated by sending a 209 Violation Notice to the owner in accordance with Texas Property Code Ch. 209 and Declaration $7.2. The 209 Violation Notice shall:

7. A. Be in writing and sent certified mail to the most current owner address shown on the Association's records;

8. B. Describe the violation or property damage at issue;

9. C. State the amount of any property damage charge or fine that may be levied against the owner;

10. D. State a reasonable, specific date by which the owner may cure the violation and avoid any fine levied in the 209 Violation Notice;

11. E. Inform the owner that he has a right to request a Board hearing to discuss enforcement action on or before the 30th day after the notice was mailed to the owner; the

12. F. Inform the owner that he will be responsible for attorney fees and costs incurred in relation to the violation if the violation continues after a specific date; such fees and costs may be assessed to the owner's account after a hearing is held or, if a hearing is not requested, after the deadline for requesting a hearing has passed;

13. G. Inform the owner that he may have special rights or relief related to enforcement under federal law, including the Servicemembers Civil Relief Act; and 

14. H. Otherwise comply with Section 209 of the Texas Property Code and state law.

15. Subsequent Violation Notices for continuing or repeat violations. If an owner has been sent a 209 Violation Notice for a particular violation and the same violation continues or a similar violation is committed within six months of the 209 Violation Notice, the Association may levy additional fines either with or without notice to the owner. If it desires to send notice of additional fines, the Association shall do so by means of a Subsequent Violation Notice. A Subsequent Violation Notice may be of any form and sent in any manner, as by law such notices are not required to comply with Section 209 of the Texas Property Code, including the requirements set forth in Section 2(ii) above.

16. Standard Fine Schedule. Below is the Standard Fine Schedule for deed restriction violations. The Board may vary from this schedule on a case-by-case basis (i.e, set lower than indicated below, provide additional courtesy notices, etc.), so long as that decision is based upon the circumstances surrounding that particular violation. Each day of a violation is considered a separate violation, and all fines levied constitute a lien on the lot (see Declaration $7.2).

i. Curable Violations (such as lawn maintenance; action may be taken to remedy the violation). A. Courtesy Warning Notice: No fine.

B. 209 Violation Notice: $25.00 fine (daily or one-time); and/or Suspension of common area usage rights, if allowed under the governing documents.

C. Subsequent Violation Notices: $50.00 fine (daily or one-time);

ii. Uncurable Violations (such as noise violations; the violation is not able to be cured).

A. 209 Violation Notice: $50.00 fine (daily or one-time); or Property damage assessment.

B. Subsequent Violation Notices: $50.00 (daily or one-time).

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WHEREAS, all properties within the Subdivision are subject to the provisions of the Master Declaration of Covenants, Conditions and Restrictions for Waterleaf Subdivision recorded in Document 03026210 of the Official Public Records of Hays County, Texas; and WHEREAS, pursuant to Article 6.17 of the

Declaration provides in part:

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General Maintenance of Lots. ...each Owner shall maintain and care for the Home, all improvements and all trees, foliage, plants and lawns on the Lot and shall otherwise keep the Lot and all improvements thereon in good condition and repair and in conformity with the general character and quality of properties within the immediate area, such maintenance and repair to include but not be limited to:... (iv) regular mowing end edging of lawn and grass areas.... WHEREAS, Article 6.17 further provides: Upon failure of any Owner to maintain a Lot owned by him in the manner prescribed herein, the Declarant or the Association, or either of them, at its option and discretion...but only after ten days written notice to such Owner to comply herewith, may enter upon such Owner's Lot and undertake to maintain and care for such lot to the condition required hereunder and the Owner thereof shall be obligated, when presented with an itemized statement, to reimburse said Declarant and/or Association for the cost of such work within ten days after of presentment of such statement.

WHEREAS, the Board wishes to provide a uniform procedure for the notice to Owners and Occupants of the Board's intent to authorize entry onto a Lot for the purposes specified in Article 6.17 and the subsequent entry onto the Lot.

NOW THEREFORE BE IT RESOLVED THАТ:

(1) In order to provide for the timely and efficient implementation of the right to enter onto a Lot for the purpose of accomplishing required maintenance as provided by 6.17 of the Declaration, the Association Manager is hereby authorized to send a Notice Letter to an Owner and Occupant in every situation where the Owner and Occupant have failed to respond to a prior notice of violation concerning the required maintenance;

(2) The Notice Letter shall (1) be sent by both regular and certified mail, return receipt requested, (2) shall specify the required maintenance and (3) shall advise the Owner/Occupant that the Association will undertake to perform the required maintenance at the Owner/Occupant's cost unless the maintenance is performed within 10 days of the Owner/Occupant's receipt of the Letter. The letter shall advise the Owner that the Association will continue to perform such maintenance as needed, in the event of the Owner's continuing failure to perform such maintenance, and that the Owner will be responsible for the costs of such work. For the purpose of this provision the Owner /Occupant shall be presumed to have received the letter upon the date of actual receipt of the letter or five days from the date that the letter was duly postmarked and mailed, whichever is shorter.

(3) If the Owner/Occupant has failed to perform the required maintenance within the time period for compliance, the Association Manager, without the need for further authorization from the Board, shall cause entry to be made onto the Lot in question for the purpose of performing the required maintenance at the earliest reasonably possible date.

(4) Thereafter, the Association Manger shall send an invoice for the cost of such entry to the Owner and, as applicable, the Occupants of the Lot. If the Owner/Occupant fails to pay the invoiced amount within ten (10) days after receipt of the notice, the Association Manager shall treat the debt as an obligation of the Owner and may proceed to collect the same in any manner provided by the Declaration and applicable law.

(5) The Association Manager shall periodically provide the Board of Directors with a list of those Owners/Occupants who have failed in their respective obligations to properly maintain their Lot or Lots in the manner required and shall advise the Board when entry upon such Lot pursuant to Article 4.6.5 and this Resolution was required.