Foxfire Homeowners Association. Governing Documents

Transcription

1 Foxfire Homeowners Association Governing Documents

2 FOXFIRE HOMEOWNERS ASSOCIATION COLLECTION AND PAYMENT PLAN GUIDELINES STATE OF TEXAS COUNTY OF BRAZOS WHEREAS, the property encumbered by these Collection Policy and Payment Plan Guidelines (the Guidelines ) is that property restricted by the Covenants, Deed Restrictions, and Bylaws for Foxfire Homeowners Association, recorded under Brazos County Clerk s File No ; and WHEREAS, pursuant to Chapter 209 of the Texas Property Code, the Board of Directors (the Board ) of the Association hereby adopts these Guidelines for the purposes of establishing a uniform and systematic procedure to collect annual dues, assessments, and other charges of the Association and identify the guidelines under which owners may request an alternative payment schedules for certain assessments; and WHEREAS, the Board has determined that it is in the best interest of the Association to establish these Guidelines. NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt this Collection Policy and Payment Plan Guidelines, which shall run with the land and be binding on all owners and lots within the subdivision. These Guidelines replace any previously recorded or implemented guidelines that address the subjects contained herein. I. COLLECTION POLICY 1. ANNUAL DUES PERIOD The annual dues will be for each calendar year (January 1-December 31). 2. NOTICE The Board will lead the residents in voting for any change of the amount of annual dues during the annual meeting. The notice of annual dues will be sent to every owner. An owner may not escape liability or be entitled to a deferral of interest, fines or collection costs with regard to delinquent assessments on the basis of such owner s failure to receive notice, if such notice was sent via regular mail or via to the most recent address of the owner according to the records of Association. Each owner shall have the obligation to notify the Association in writing of any change in or physical address, which shall become effective 10 days after written notice has been received. 3. DUE DATE AND LATE FEES All assessments are due on an annual basis between January 1 and March 1. If any assessment due the Association is not paid by the due date, it shall be become delinquent and addition of a late fee will be assessed. Charges disputed by an owner are considered delinquent until such time as they are paid in full. Payments received after the due date are considered delinquent and the entire amount due may be transferred to a Payment Plan as set forth in Section II of these Guidelines. 4. PAYMENTS RETURNED NON-SUFFICIENT FUNDS An owner will be assessed a service charge for any check that is returned or Automatic Clearing House (ACH) debit that is not paid for any reason, including but not limited to Non-Sufficient Funds (NSF) or stop payment order. The amount of the service charge assessed will be the customary amount charged. 5. PARTIAL AND CONDITIONED PAYMENT The acceptance by the Association of partial payment of delinquent assessments does not waive the Association s right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations. 6. REFERRAL OF ACCOUNT TO COLLECTIONS From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association s attorney or debt collector. Upon referral of the account to the Association s attorney or debt collector, the attorney or debt collector is authorized to take whatever action is necessary, in consultation with the Board, including but not limited to: sending demand letters, filing a lawsuit against the delinquent owner for a money judgment; filing a lien on the property,

3 and filing necessary claims. This Policy may be used only in connection with the Foxfire subdivision and the operation of the Foxfire Homeowners Association objections and motions in the bankruptcy court and monitoring the bankruptcy case in order to protect the Association s interests. The defaulting Owner is liable to the Association for the cost of the fees associated with the collection process. 7. DELINQUENCY NOTIFICATION The Association may send the following notification(s) to delinquent owners pursuant to Texas Property Code Section : a. PAST DUE NOTICE In the event that an assessment account balance remains unpaid past the due date, a Past Due Notice may be sent via and/or regular mail to each owner with a delinquent account setting forth all assessments and late fees due. The Past Due Notice will contain a statement that the entire remaining unpaid balance of the Assessment that is due and that the owner is entitled to a Payment Plan as set forth in Section II of these Guidelines. In the event an owner chooses to enter a Payment Plan, a monthly charge may be added to each delinquent Owner s account balance for administrative costs related to the Payment Plan and such additional administrative costs will continue until the entire balance is paid in full. b. FINAL NOTICE In the event the entire assessment is not paid in full or there is a default on the Payment Plan, where an assessment account balance remains unpaid sixty (60) days or later from the due date, a Final Notice may be sent via mail to each delinquent owner. The Final Notice will set forth the following information and the result of failure to pay, including an explanation of AMOUNTS DUE (All delinquent assessments, late fees and other amounts due). 8. BANKRUPTCIES Upon receipt of any notice of a bankruptcy of an owner, the account may be turned over to the Association s attorney so that the Association s interests may be protected. 9. REQUIRED ACTION Nothing contained herein, not otherwise required by the Declaration or by law, shall require the Association to take any of the specific actions contained herein. The Board of the Association shall have the right, but not the obligation, to evaluate each delinquency on a case-by-case basis as in its best judgment deems reasonable. II. PAYMENT PLAN Pursuant to Section of the Texas Property Code, the Association hereby establishes a Payment Plan schedule by which an owner may make partial payments to the Association for delinquent regular or special assessments, or any other amount owed to the Association without accruing additional monetary penalties. Monetary penalties do not include interest or reasonable costs associated with administering the Payment Plan. The Payment Plan shall be evidenced in writing by an agreement executed by both the owner and a Board Member. The plan shall specify the total amount of Delinquent Payments owed, the total amount of Payment Plan Administrative Charges, and the period of repayment. The Payment Plan Schedule is as follows: 1. The term for the Payment Plan is six (6) months; 2. A Payment Plan shall require twenty percent (20%) of the delinquent amount to be paid at the inception of the Payment Plan, with the balance being due and payable in five (5) equal payments due on the first day of each month; 3. Failure to pay the initial payment of twenty percent (20%) of the delinquent amount shall be considered a default of the Payment Plan;

4 4. Any payment made pursuant to a Payment Plan which is returned for insufficient funds and any payment which is received after the due date thereof, shall constitute a material breach of the Payment Plan, in which event the Payment Plan shall terminate, and all unpaid amounts subject to the Payment Plan shall immediately become due and payable in full; 5. An owner, upon written request, may request a longer period of time; 6. The Association is not required to honor the terms of a previous Payment Plan during the two (2) years following an owner s default under a previous Payment Plan; 7. If an owner requests a Payment Plan that will extend into the next assessment cycle, the owner will be required to pay future assessments by the due date in addition to the payments specified in the Payment Plan. This Policy may be used only in connection with the Foxfire subdivision and the operation of the Foxfire Homeowners Association. III. APPLICATION OF PAYMENTS 1. In accordance with the terms of Section of the Texas Property Code, except as provided in subsection 2 immediately below, a payment received by the Association shall be applied in the following order of priority: a. Any delinquent assessment; b. Any current assessment; c. Attorney s fees or third party collection costs incurred by the Association associated solely with assessments or other charge that can be the basis of foreclosure; d. Attorney s fees not subject to c above; e. Fines; f. Any other amount owed to the Association. 2. If/when an owner defaults on a Payment Plan, the remaining delinquent amount will become due in full and the Association may begin further collection action as set out above in Section I.7.b. Any payment(s) received by the Association after such default of a Payment Plan shall be applied in the following order of priority: a. Collection Costs; b. Attorney fees; c. Fees and expenses related to Collection; d. Late fees; e. Delinquent assessments; f. Current assessments; and g. Fines As to each category identified above, payment shall be applied to the most aged charge first. The acceptance of a partial payment on an owner s account does not constitute a waiver of the Association s right to collect the full outstanding balance due on said owner s account. This Policy may be used only in connection with the Foxfire subdivision and the operation of the Foxfire Homeowners Association This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

5 FOXFIRE HOMEOWNERS' ASSOCIATION. INC. RECORDS PRODUCTION, INSPECTION AND COPYING POLICY This Records Production, Inspection and Copying Policy (this "Policy") applies to the Foxfire Homeowners' Association, a Texas nonprofit corporation (the "Association"), and, with respect to the books and records of the Association, and Board of Directors (the "Board"). 1. Member Responsibility for Records Production and Copying Charges. Requests for access to or copies of Association records shall be submitted to the Association Secretary. Upon receipt of a proper request for information, by a proper party pursuant to Section (c) of the Texas Property Code (the "Code"), the Association shall make the records described by Section of the Code available for inspection within the time allotted therein, and shall otherwise comply with such provisions of Section of the Code, including the withholding of certain information described therein. A member of the Association who requests any items from the Association in accordance with the terms of Section of the Code shall be responsible for the costs, expenses and charges of the Association incurred in responding to such request in accordance with the terms of this Records Production and Copying Policy. The Association may, but shall not be required to, require advance payment of the estimated costs of compilation, production, and reproduction of the requested information. Reconciliation of any advance payment of estimated costs to actual costs shall be made in accordance with the procedures set forth in Section of the Code. 2. Personal Information. In accordance with the provisions of Section (k) of the Code, and except as otherwise authorized or required pursuant to Section {1) of the Code, the Association shall not release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner, an owner's personal financial information, including records of payment or nonpayment of amounts due to the Association, an owner's contact information, other than the owner's address, or information related to an employee of the Association, including personnel files. 3. Copy Charges. i. Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has recorded information is considered a page. ii. Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: 1. DVD: $3.00; 2. other electronic media: actual cost; 3. oversize paper copy: actual cost; 4. specialty paper: actual cost. 4. Labor Charges. The charge for labor costs incurred in processing a request for public information is $15 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information. 5. Remote Document Retrieval Charge. If the Association has a contract with a commercial records storage company, whereby the private company charges a fee to locate, retrieve, deliver, and return to storage the needed record(s), that fee will be charged, but no additional labor charge shall be factored in for time spent locating documents at the storage location by the private company's

6 personnel. If after delivery to the Association, the boxes must still be searched for records that are responsive to the request, a labor charge may be charged as provided above. 6. Miscellaneous Supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information. 7. Postal and Shipping Charges. The Association may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party. 8. Amendment of Policy. This policy may be amended from time to time by the Board. 9. Implementation of Policy. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

7 FOXFIRE HOMEOWNERS' ASSOCIATION, INC. DOCUMENT RETENTION AND DESTRUCTION POLICY SECTION 1 Introduction 1.1 Scope This Document Retention and Destruction Policy (this "Policy") applies to the Foxfire Homeowners' Association, a Texas nonprofit corporation (the "Association"), and, with respect to the books and records of the Association, and Board of Directors (the "Board"). Documents maintained by the Association's legal counsel are not subject to this Policy. 1.2 Purpose This Policy is created to establish guidelines for identifying, retaining, storing, protecting and disposing of the Association's books, records and other documents and to ensure that the Association adheres to legal and business requirements in an efficient and cost-effective manner. For purposes of this Policy, the term "Documents" means any documentary material which is generated or received by the Association in connection with transacting its business or is related to the Association's legal obligations. Documents include, among others, writings, drawings, graphs, charts, photographs, tape, disc, audio recordings, microforms, and other electronic documents from which information can be obtained or translated such as electronic mail, flash drive, hard disks and CD ROM. 1.3 Policy A. It is the Association's policy to maintain complete and accurate originals or copies of Documents described in Section 2 below, as well as working records required for the Association s activities. Documents are to be retained for the period of their immediate use, unless longer retention is required for historical reference, contractual or legal requirements, or for other purposes as set forth in this Policy. B. Documents that are no longer required, or have satisfied their recommended period of retention, are to be destroyed in an appropriate manner. C. The Treasurer and the Secretary of the Association are responsible for ensuring that Documents are identified, retained, stored, protected and subsequently disposed of, in accordance with this Policy. The Treasurer is responsible for Documents listed in Sections 2.1 and 2.2. The Secretary is responsible for items in Section 2.3 and 2.4. D. Unless otherwise directed by legal counsel, Documents may be scanned and stored electronically. The Secretary and Treasurer shall each make two (2) backup copies of the Documents for which they are responsible on at least a quarterly basis. The Secretary and Treasurer shall exchange one of those copies so that both officers have a complete backup of Association electronic Documents. Physical copies of Documents shall not be destroyed if scanned until after the quarterly backup copies have been made and exchanged. E. Electronic storage, if backup copies are maintained as specified here, will meet the requirements of this Policy, and print or other formats are not required to be maintained. If remote storage services are used for Association Documents, only services that follow industry standard backup practices should be selected. 1.4 Board Members The Association does not require Board members to maintain any Documents that were generated by the Association. However, if a Board member receives Documents relating to the Association, which were not generated by the Association, or not received through the Association, Board members must send such Documents to the Secretary to be maintained in the Association's records. When a Board member

8 ceases to be a Board member, such Board member shall turn over to the Secretary of the Association, all Documents and files relating to the business of the Association, which are not otherwise in the Association's records. 1.5 Architectural Control Committee Members The elected Chair of the Architectural Control Committee (the ACC ) is responsible for retaining records of the requests from homeowners, additional related Documents, and the subsequent decisions as working records of the ACC. The Chair is responsible for transmitting to the Secretary the Documents listed in Section 2.4 for retention in accordance with this Policy. Following confirmation of receipt and retention of the transmitted Documents by the Secretary, the ACC Chair may purge the ACC files. It is the intent of this Policy that the Board has responsibility for the retention of ACC records for the Association. 1.6 Annual Purge of Files The Secretary and Treasurer shall conduct an annual purge of files. The annual purge of files is to be conducted by the outgoing officer shortly following the annual meeting in January, and will transfer the remaining files to the newly elected Secretary and Treasurer. The newly elected Secretary and Treasurer shall be responsible for only Documents retained in accordance with Policy. 1.7 Miscellaneous Copies of any Document may be destroyed, provided that an original or copy is maintained in the Association's records or is otherwise not required to be maintained pursuant to this Policy. 1.8 Onset of Litigation At the onset of litigation, or if it is reasonably foreseeable that litigation may be imminent, all Documents potentially relevant to the dispute must be preserved. At the direction of legal counsel, the Board will inform any other person who may be in possession of Documents potentially relevant to the litigation that those Documents must not be destroyed. At the conclusion of the litigation, as determined by legal counsel, the "hold" period will cease and the retention time periods otherwise provided in this Policy will apply. SECTION 2 Document Retention Periods Set forth below is a chart detailing the required retention periods for Documents. Documents are grouped into three functional categories as set forth below. For purposes of this Policy, the term "" means that the retention period for that Document is for the life of the Association. 1. Accounting Records Retention Period Accounts Payable Account Receivable Expense Records Financial Statements (Annual} Tax Returns Account Records of Association Members 7 yrs 7 yrs 7 yrs 7 yrs 7 yrs 5 yrs or duration of period homeowner s account is in arrears, whichever is longer

9 2. Bank Records Retention Period Bank Reconciliations Bank Statements Cancelled Checks Electronic Payment Records 7 Yrs 7 Yrs 7 Yrs 7 Yrs 3. Governing Documents and Corporate Records Retention Period Articles of Incorporation/Certificate of Formation, Bylaws, Declaration and other Restrictive Covenants, including any amendments Rules and Regulations Policies and Guidelines Record of Actions of Board or Members taken by Written Ballot or Written Consent in Lieu of a Meeting Member and Board Meeting Minutes Contracts with term of more than one year Correspondence from Legal Counsel Committee Minutes 4 Yrs. 7 Yrs 4. Architectural Control Committee Records Retention Period Requests by Homeowners for approval of actions, with associated plans Documentation of decisions made on Homeowner requests Documentation of decisions to grandfather deed restriction violations at the time of deed restriction amendments AMENDMENT OF POLICY. This policy may be amended from time to time by the Board. AMENDED AND RESTATED This Document Retention and Destruction Policy supersedes and replaces any prior Document Retention and Destruction Policy or informal practice. IMPLEMENTATION OF POLICY This Policy will be implemented as of the date of adoption by the Board. Prior to that adoption, the Document Retention and Destruction practices did not follow this policy. As a result, some documents listed here for permanent retention may not be available. The Board shall take maximum care to capture and retain Documents as listed in Section 2. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

10 FOXFIRE HOMEOWNERS' ASSOCIATION, INC. MEETING NOTIFICATION POLICY This Meeting Notification Policy (this "Policy") applies to the Foxfire Homeowners' Association, a Texas nonprofit corporation (the "Association") and the Board of Directors (the "Board"). 1. Pursuant to Section of the Texas Property Code (the "Code"), meetings of the Foxfire Homeowners' Association, a Texas nonprofit corporation (the "Association"), and, Board of Directors (the "Board") in which a quorum is present, shall be open to all Association members, except as allowed for closed executive session in Section (c). 2. Unless otherwise stated as part of the meeting notification, Board meetings will be held in a facility accessible to homeowners. When electronic or telephonic meetings are held (as allowed in Section (c-2)), homeowners will be allowed to listen into the meeting and hear all Board members present. 3. Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be: a. mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or b. posted on the Association s website at least 72 hours before the start of the meeting and sending notice by to each owner who has registered an address with the association. 4. It is a homeowner's duty to keep an updated address registered with the Foxfire Homeowners Association. The Treasurer maintains the updated database of homeowner addresses, and any updates should be sent to him/her. 5. Except as provided in Section (h), the Board may take action outside of a meeting, including voting by electronic or telephonic means, without prior notice to owners, if each board member is given a reasonable opportunity to express the board member's opinion to all other board members and to vote. Any action taken without notice to owners must be summarized orally, including an explanation of any known actual or estimated expenditures approved at the meeting, and documented in the minutes of the next regular or special board meeting. 6. The Board shall keep a record in the form of minutes of each regular and special meeting of the Board and Association. Such minutes will be made available to homeowners on the Association s website. This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

11 FOXFIRE HOMEOWNERS' ASSOCIATION, INC. VOTE RECOUNT POLICY Consistent with Texas Property Code entitled Recount of Votes, Foxfire Homeowners' Association, a Texas nonprofit corporation (the "Association"), with its Board of Directors (the "Board"), establishes this Vote Recount Policy (the Policy ) regarding the payment of the cost of performing recounts of certain elections and votes. Any Association member(s) may, not later than the 15th day after the date of the meeting at which the election or the vote tally was held and the results announced, require a recount of the votes. A demand for a recount must specify the vote to be recounted, be submitted in writing and delivered to the Association Secretary at his/her home address. The member may use the United States Postal Service or delivered in person, but the member should obtain a signed receipt indicating the date of delivery. The demand for a vote recount will initiate the following timeline and set of actions. 1. The Association shall estimate the costs for performance of the proposed recount by a person qualified to tabulate votes pursuant to Texas Property Code (c); and 2. Send an invoice for the costs estimated under Number 1 above to the requesting member(s) not later than the twentieth (20th) day after the date the Association receives the demand for a recount. 3. If the Association receives payment in full of the invoice sent pursuant to Number 2 above prior to the thirtieth (30th) day after the invoice is sent to the requesting member(s), the recount shall proceed. If the payment is not received by the 30 th day, the recount demand is considered to be withdrawn. 4. When the recount is initiated, the Association shall: a. At the expense of the requesting member(s), retain for the purposes of performing the proposed recount, a qualified person to tabulate votes pursuant to Texas Property Code (c); b. Complete the recount and provide the requesting member(s) with notice of the results of the recount on or before the thirtieth (30th) day after the date of receipt of payment in full of the invoice described in Number 2 above. 5. In the event the recount changes the results of the election, the Association shall reimburse the requesting owner for the cost of the recount not later than the thirtieth (30th) day after the results of the recount are provided. "Changes the results of the elections" as used here means that there is a material change in the results of the vote, not merely that the votes were counted incorrectly. 6. In the event that the recount does not materially change the results of the elections, and the estimated costs of the recount were different from the actual costs, the Association shall send a final invoice to the requesting member(s) on or before the thirtieth (30th) business day after the date the results of the recount are provided. If the final invoice includes additional amounts owed by the owner, any additional amounts not paid to the association before the thirtieth (30th) business day after the date the invoice is sent to the owner may be added to the owner's account as an assessment. If the amount paid by the owner to the association for the recount exceed the final invoice amount, the owner shall be paid the difference at the time the final invoice is sent to the requesting owner. 7. If the recount changes the outcome of votes, the Association will announce the fact that a recount was requested, and the changed vote outcome resulting from that recount to the Association membership. 8. Any action taken by the Board in the period between the initial election vote tally and the completion of the recount is not affected by any recount.

12 This Policy is supplementary and is in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association. This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

13 FOXFIRE HOMEOWNERS ASSOCIATION POLICY REGARDING INSTALLATION AND USE OF STANDBY GENERATORS The purpose of this policy is to set forth certain requirements with which owners and residents must comply concerning installation and use of standby electric generators on any property owned or exclusively controlled by an owner or resident. To install a standby electrical generator in compliance with these regulations, an owner must receive written approval from the Architectural Control Committee ( ACC ), or the Board of Directors ( Board ) if an ACC decision is appealed, prior to installing any standby electrical generator system. Accordingly, prior to installation, an owner must submit plans and specifications to and receive the written approval of the ACC. The plans and specifications must show the proposed location relative to all structures, sidewalks or driveways on the lot, color, material, shielding devices, size and type of such a system or device (and all parts thereof). The plans must also identify whether the device or any part thereof will be visible from any street or neighboring lots. Pursuant to Section of the Texas Property Code, the following rules are established by the Board: No installation or operation of a standby electrical generator without the approval of the Architectural Control Committee (ACC), or the Board of Directors if an ACC decision is appealed. Install and operate standby electrical generators in accordance with the manufacturer's specifications and meet all applicable health, safety, electrical, and building codes. Use a licensed contractor(s) to install all electrical, plumbing, and fuel line connections and meet all applicable health, safety, electrical, and building codes. Install all natural gas, diesel fuel, biodiesel fuel, and/or hydrogen fuel line connections in accordance with applicable governmental health, safety, electrical, and building codes. Install all liquefied petroleum gas fuel line connections in accordance with the rules and standards promulgated and adopted by the Railroad Commission of Texas and other applicable governmental health, safety, electrical, and building codes. Install and maintain all non-integral standby electrical generator fuel tanks in compliance with applicable municipal zoning ordinances and governmental health, safety, electrical, and building codes. Maintain in good condition the standby electrical generator and its electrical lines and fuel lines. Repair, replace or remove any deteriorated or unsafe component of a standby electrical generator, including electrical and fuel lines. Not locate the standby electrical generator in the front yard of a residence or in a side yard of a residence if it is facing a street, without ACC approval. Screening of the standby generator may or may not be required depending on the property layout relative to the street or neighbors, and the appearance of the generator and any associated fuel tanks or other accessories. The ACC is authorized to determine the need for and type of screening. When performing periodic testing of the standby electrical generator it must be done between 9:00 a.m. and 8:00 p.m. Not use the standby electrical generator to generate all or substantially all of the electric power to a residence except when the utility-generated electrical power to the residence is not available or is intermittent due to causes other than nonpayment for utility service to the residence. Not locate the standby electrical generator in proximity to a neighbor's residence such that when in operation it would constitute a nuisance by a reasonable person. To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.

14 This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

15 FOXFIRE HOMEOWNERS ASSOCIATION POLICY REGARDING INSTALLATION AND USE OF RAINWATER HARVESTING SYSTEMS The purpose of this policy is to set forth certain requirements with which owners and residents must comply concerning installation and use of rain barrels and rainwater harvesting systems and any related appurtenances (collectively, "Rainwater Systems") on any property owned or exclusively controlled by an owner or resident. To install a Rainwater System in compliance with these regulations, an owner must receive written approval from the Architectural Control Committee ( ACC ), or the Board of Directors ( Board ) if an ACC decision is appealed, prior to installing any rain barrel or rainwater harvesting system. Accordingly, prior to installation, an owner must submit plans and specifications to and receive the written approval of the Architectural Control Committee (ACC) or the Board of Directors if an ACC decision is appealed. The plans and specifications must show the proposed location relative to all structures, sidewalks or driveways on the lot, color, material, shielding devices, size and type of such a system or device (and all parts thereof). The plans must also identify whether the device or any part thereof will be visible from any street, other lot or common area. Pursuant to Section (d) of the Texas Property Code, the following guidelines are established by the Board: No installation or operation of Rainwater Systems without the approval of the Architectural Control Committee (ACC), or the Board of Directors if an ACC decision is appealed Rainwater Systems may need to be properly screened as to obscure view of the same from adjoining property and the street, and such screening, if necessary, shall be approved in advance by the ACC. No Rainwater Systems may be located between the front of the property owner's home and an adjoining or adjacent street without the approval of the ACC. Any Rainwater Systems must be of a color that is consistent with the color of the home or surrounding vegetation. Any Rainwater Systems must not contain language or other content that is not typically displayed by such a barrel or system as it is manufactured. Rainwater Systems should be designed and constructed in a manner to prevent mosquitoes from hatching and/or releasing mosquitoes into the neighborhood. To the extent guidelines contradict with any previous guidelines, rules, covenants, or restrictions, guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association. This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

16 FOXFIRE HOMEOWNERS ASSOCIATION POLICY REGARDING INSTALLATION OF SOLAR ENERGY DEVICES The purpose of this policy is to set forth certain requirements with which owners and residents must comply concerning installation of Solar energy device (herein, "Device" or "Devices" on any property owned or exclusively controlled by an owner or resident. Pursuant to Texas Property Code Sections and Section of the Texas Property Code and of the Texas Tax Code, the following guidelines are adopted by the Board. This policy addresses Devices installed to provide electrical power to a home or other buildings on the property in place of or offsetting electrical power from the grid. It is not intended to apply to solar devices such as outdoor accent or landscape lights. All such Devices must receive approval from the Architectural Control Committee ( ACC ), or the Board of Directors ( Board ) if a negative opinion is appealed. No such Devices may be installed on an owner's property other than on the roof of the home, or the roof of another structure owned by the owner which is allowed under a dedicatory instrument, or in a fenced yard or patio owned and maintained by the owner. If a Device is mounted on the roof of the home, it may not extend higher than or beyond the roofline. If a Device is mounted on the roof of the home, it must be in the location designated by the Association unless the alternate location increases the estimated annual energy production of the device as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10% above the energy production of the Device if located in the area designated by the Association. The Device must conform to the slope of the roof and have a top edge that is parallel to the roofline. The frames, support brackets, and visible piping or wiring must be in a silver, black, or bronze tone commonly available in the marketplace. If the Device is located in a fenced yard or patio, the Device may not be taller than the fence line. To install a Solar Energy Device in compliance with these regulations, an owner must receive written approval from the Architectural Control Committee, or the Board of Directors if an ACC decision is appealed, prior to installing any Solar Energy Devices. Accordingly, prior to installation, an owner must submit plans and specifications to and receive the written approval of the Architectural Control Committee. The plans and specifications must show the proposed location, color, material, shielding devices, size and type of such a system or device (and all parts thereof). To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules} and guidelines in effect for the Association. This policy may be amended from time to time by the Board. This Policy will be implemented as of the date of adoption by the Board. Policy adopted by the Foxfire Homeowners Association Board of Directors on.

17 STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, on this day personally appeared, the Secretary of the Foxfire Homeowners Association, Inc. known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes herein expressed and in the capacity herein stated, and as the act and deed of said corporation. Given under my hand and seal this the day of, Notary Public State of Texas