The Peninsula on Lake Granbury

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Amendment to the Home Owners Association (HOA) Bylaws -The Peninsula on Lake Granbury

Amendment 1.  Term of office for ARC members  Approved at the September 12, 2007 meeting of the Board of Directors and duly recorded in the minutes.

Clause 7.2 shall be amended to include sub clause 7.2 (a) Term of office for members of the ARC.  ARC members shall be appointed by majority vote of the HOA Board of Directors for a period of 3 years.  Terms shall be staggered so as to have one new member each year.  Members may be reappointed to a second consecutive term but may not serve more than two terms in a row.  Members may resign or be asked by the board to resign.  In this case the new member appointed by the board shall finish off the term of the previous ARC member and his/her term will begin at the end of the previous members completed term.  Terms shall begin on January 1st.

Amendment 2. Records Retention  Policy for the Peninsula on Lake Granbury. Approved at the November 19, 2011 meeting of the Board of Directors and duly recorded in the minutes.

Pursuant to Texas Property Code 209.005, the policy is to keep the following records for the indicated period of time:

Category - Time (in years)

Financial - 7 years
Account records of current owners - 5 years
Contract for terms of one year or more - 4 years (after contract expires)
Minutes of owner meetings and board meetings - 7 years
Tax returns and audits - 7 years
Governing documents - permanently

The records are to be kept by the president of the HOA and/or the property manager.

Amendment 3. Alternative Payment Plan for the Peninsula on Lake Granbury. Approved at the the November 9, 2011 meeting of the Board of Directors and duly recorded in the minutes.

As provided by the Texas Property Code Section 209.0062, the Board of Directors has adopted the following as its "Alternate Payment Plan" policy for delinquent regular or special assessments:

1. Prior to the date that a regular or special assessment becomes delinquent, an eligible property may request in writing that such assessment be paid in accordance with the Association's "Alternate Payment Plan" as provided herein.  To be eligible a property owner must not have failed to honor the terms of a previous payment plan within the last 2 years.

2. Under the Association's "Alternate Payment Plan", a property owner who timely requests treatment under the Association's "Alternate Payment Plan" shall be allowed to pay the regular or special assessments that would otherwise be delinquent, without additional monetary penalty over a period of three (3) months by making 3 equal payments of one-third (1/3) of the total amount becoming due on the first day of the first month after the assessment was originally due and on the first day of each month thereafter until paid in full. Failure to timely request payment under the "Alternate Payment Plan" waves a property owner's option for such treatment. A property owner's failure to timely pay any amount due under the "Alternate Payment Plan" after request to take advantage of the "Alternate Payment Plan" treatment is a breach of the "Alternate Payment Plan" and forfeits any further rights thereunder.

Amendment 4. Article 1.1 Compliance with State Law. Approved at the the November 9, 2011 meeting of the Board of Directors and duly recorded in the minutes.

The Granbury Peninsula Homeowners Association, Inc. is committed to complying with all provisions of federal and state laws applicable to it as a Texas non-profit corporation and a property owners association, as that term is defined in Texas Property Code Section 209.002(7). In the event that any provision of the Association's governing documents (including, but not limited to Restrictions, Bylaws or rules) conflict with applicable law, the association shall follow applicable law.

Amendent 5. Article 5.22 Amendment which Supersedes previous Article 5.22 Hearing Procedure. Approved at the the July 11, 2012 meeting of the Board of Directors and duly recorded in the minutes.

Hearing Procedure.  The Board shall, from time to time and at times, have the right to prescribe the procedures for the conduct of a hearing and other ‘due process’ matters.  Until and unless further amended, modified, revised, clarified or repealed and replaced by the Board, the following provisions shall be applicable.  The Board shall not impose a fine, suspend voting, initiate a legal proceeding (unless extraordinary circumstances exist) or infringe upon any other rights of a Member for violations of rules unless and until the following procedure is followed:

     (a) Delegation.  The Board has delegated the enforcement of the rules to the Covenants Committee.  This delegation shall continue until revised, amended or repealed by the Board.

     (b) Vote.  The Covenants Committee shall review the alleged violation and by majority vote recorded in the meeting minutes find that a violation exists.

     (c) Notice.  Written notice shall be provided to the owner by certified mail, return receipt requested.  The notice must describe the violation or property damage that is the basis of the action, fine or charge proposed.  The owner must be informed of the amount of due the Association, and inform the owner that the owner:

          a.  is entitled to a reasonable time period, not less that five (5) days, during which the violation must be abated in order to avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation with the preceding six months.

          b.  may request a hearing before the Covenants Committee.  The request must be in writing and received by the Committee or mailed certified, return receipt requested on or before the 30th day after the date the owner receives the notice.

          c.  if the owner requests a hearing before the Covenants Committee, the owner may appeal the Covenants Committee’s hearing findings to the Board of Directors by written notice to the Board.

     (d)  Hearing.  If the owner requests a hearing, the Committee will afford the owner a reasonable opportunity to be heard and present evidence.

          a.  The hearing before the Covenants Committee shall be held during the next monthly meeting of the Covenants Committee or at a time mutually agreed by the Committee and the owner.  The owner shall be given at least ten (10) days written notice of the time and place of the hearing.

          b.  After accepting the  statements and evidence presented by the owner and making any relevant inquires of the owner, the Covenants Committee with meet in executive session to make its determination.   The minutes of the meeting shall contain a written record of the results of the hearing and the sanction, if any, to be imposed.

     (e)  Appeal.  The Association shall hear an appeal 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 Member may request a postponement, and, if requested a postponement shall be granted for a period of not more than 10 days.  Additional postponements may be granted by mutual agreement of the parties.  The owner or the Association may make an audio recording of the meeting.

Last Updated ( Thursday, 12 July 2012 )
 
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