Rules of [name of condominium owners’ association] [, Inc.]
|
Date: |
|
|
Association: |
[name], established by the certificate of formation filed with the secretary of state of Texas on [date] under file number [number]. |
|
Association’s Address: |
|
|
Declaration: |
The Declaration of [name of condominium], a condominium, [include recording information]. |
|
Definitions: |
Capitalized terms used but not defined in the Rules have the meaning set forth in the Declaration or Bylaws. |
The Association adopts these Rules, which will be enforceable on the recording of this document in the real property records of the [county/counties] in which the property described by the Declaration is located. On violation of these Rules, owners may be subject to Penalties for Violation.
|
Insert the rules that the association wants to adopt. Consider the following subject areas: use of common areas (including swimming pools and recreation facilities), architectural and building rules, parking of vehicles, pet control, nuisances, trash collection, etc. Review the Texas Property Code for prohibited rules (e.g., restrictions concerning rain barrels and xeriscaping (Tex. Prop. Code § 202.007(d)(6)); solar energy devices (Tex. Prop. Code § 202.010); roof shingles (Tex. Prop. Code § 202.011); flags and flagpoles (Tex. Prop. Code § 202.012); religious items (Tex. Prop. Code § 202.018); and speed feedback signs (Tex. Transp. Code § 430.002)). |
|
Insert penalties for violation by type of violation. |
1.Charges and Fines. Before the Association may charge a Unit Owner for property damage or levy a fine for violation of the Declaration, Bylaws, or these Rules, the Association must give to the Unit Owner a written notice that (a) describes the violation or property damage; (b) states the amount of the proposed fine or damage charge; (c) states that not later than the thirtieth day after the date of the notice, the Unit Owner may request a hearing before the Board to contest the fine or damage charge; and (d) allows the Unit Owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the Unit Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding twelve months.
2.Notices. The Association must give notice of a levied fine or damage charge to the Unit Owner not later than the thirtieth day after the date of levy.
|
Insert any additional procedures for enforcement of the rules, consistent with the foregoing. |
D.Amendments to Rules
No Rule can be amended unless the Association gives written notice to each Unit Owner in a document stating the specific amendment or other change that would be made to the Rule, after the twentieth day but before the tenth day preceding the meeting at which the Rule amendment is to be considered, by either (a) personal delivery as shown by a receipt signed by the Unit Owner, or (b) deposit in the United States mail as shown on the postmark date.
[Name of association]
By
[Name and title]
|
Include acknowledgment. |