Fines and Enforcement Policy — Brookside II HOA

FINES & ENFORCEMENT POLICY

The policy was approved by the Brookside II Homeowners Association Board of Directors on July 2nd, 2024.

The Declarations of Covenants. Conditions, and Restrictions (CC&Rs) of the Brookside II Homeowners Association allow the Association to enforce restrictions and institute a policy regarding fines.

The Brookside II HOA Board is writing to describe a law change taking effect in Texas starting in 2024. Please see the summary below of Texas House Bill No. 614, Section 209.0061.

By action of the Brookside II HOA Board of Directors with an affirmative vote on 7-2-2024 and

in accordance with Texas House Bill No. 614, Section 209.0061 (effective January 1, 2024),

the following Fine Schedule for violations of HOA Covenants, Conditions, and Restrictions (CC&Rs) by

HOA members.

Covenants, Conditions, and Restrictions Fine Schedule

Property owners with CC&R violations will receive a courtesy letter from The HOA reminding them

of the HOA Restrictions and Covenants along with a description of their violation(s). In addition,

property owners will be asked to rectify the specific CC&R violation(s) by a specified date.

Property owners who do not rectify violations, per the specific date on the courtesy letter, will receive

a second certified letter requesting rectification of their violation(s). The certified letter will provide

the following information:

• Property owners will be instructed to rectify CC&R violation(s) by XX days of the date of the

certified letter.

• For each CC&R violation not rectified per the instructions on the certified letter, a fine will be

Levied against the property for outstanding violation(s).

• An explanation of HOA property owner rights to request a hearing with the HOA Board of

Directors.

Property owners who fail to correct their property CC&R violation(s) will receive a third and final letter

from the HOA starting the lien process in accordance with House Bill 886.

Fine Schedule

PROPERTY/LOT IMPROVEMENTS

· FAILURE TO GAIN APPROVAL FROM THE ARCHITECTURAL CONTROL COMMITTEE FOR ANY

o Initial Fine: Minimum of $150.00 with 14 days to cure the violation. An additional fine of $150.00 per month for every month of non-compliance after notice has been given.

· FAILURE TO FOLLOW ARCHITECTURAL CONTROL COMMITTEE-APPROVED PLANS FOR A PROJECT

o Initial Fine: Minimum of $150.00 with 14 days to cure the violation. An additional fine of $150.00 per month for every month of non-compliance after notice has been given.

· IMPEDED OR ALTERED NATURAL SURFACE WATER FLOW

o Initial Fine: Minimum of $150.00 with 14 days to cure the violation. An additional fine of $150.00 per month for every month of non-compliance after notice has been given.

· DAMAGE TO COMMON AREAS

o INITIAL FINE: Minimum of $150.00 with 7 days to cure the violation. An additional fine of $150.00 per month for every month of non-compliance after notice has been given.

· VIOLATION(S) DUE TO LACK OF EXTERIOR MAINTENANCE

o Initial Fine: Minimum of $150.00 with 14 days to cure the violation. An additional fine of $150.00 per month for every month of non-compliance after notice has been given.

· VIOLATION(S) DUE TO SANITATION AND/OR UNSIGHTLY OBJECTS

o Initial Fine: Minimum of $150.00 with 2 days to cure the violation. An additional fine of $150.00 per week for every week of non-compliance after notice has been given.

· VIOLATION(S) DUE TO LANDSCAPING VIOLATION:

o Initial Fine: Minimum of $100.00 with 5 days to cure the violation. An additional fine of $100.00 per week for every week of non-compliance after notice has been given.

· VIOLATION(S) DUE TO EXTENDED STREET PARKING OR UNAUTHORIZED RECREATIONAL VEHICLE:

o Initial Fine: Minimum of $100.00 with 1 day to cure the violation. An additional fine of $25.00 per day for every day of non-compliance after notice has been given.

· VIOLATION(S) DUE TO NUISANCES (OBNOXIOUS OR OFFENSIVE ACTIVITY)

o Initial Fine: Minimum of $100.00 with 1 day to cure the violation. An additional fine of $150.00 per day for every day of non-compliance after notice has been given.

· VIOLATION(S) RELATED TO BILLBOARDS AND SIGNS

o Initial Fine: Minimum of $100.00 with 1 day to cure the violation. An additional fine of $100.00 per week for every week of non-compliance after notice has been given.

· VIOLATION(S) RELATED TO ANIMALS

o Initial Fine: Minimum of $250.00 with 7 days to cure the violation. An additional fine of $250.00 per week for every week of non-compliance after notice has been given.

· Any other violation of the Restrictions and Covenants not specifically herein shall have a minimum initial fine of $25.00 with a corresponding weekly fine, set by the Board of Directors, until the violation is cured.

All CC&Rs can be found on our website under “Governing Documents”:

https://www.brooksidephaseiihoa.com/