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Maintenance & Compliance Committee
Posted on Dec 5th, 2020

Emerald Lake Estate Homeowners Association
Declaration of Covenant and Restrictions Compliance Manual
 
I.                   Discussion
Occasionally, it becomes necessary to notify a homeowner about an infraction set forth in the Declaration of Covenant and Restrictions (DC&Rs). All homeowners should have received a copy of this document along with the Bylaws (Governing Documents) when we purchased our homes. These documents can be reviewed and downloaded from the ELEHOA (www.elehoa.org) website. You must be registered on the website to download documents.
 
Homeowners are encouraged to be good neighbors and communicate with one another when infractions/violations occur. If the neighbor does not feel comfortable communicating an infraction, they are encouraged to contact the Emerald Lake Estate Board of Directors (The Board) through the association website (www.elehoa.org) and/or appropriate local compliance organization (City of Garland: Code Compliance, Animal Control, Streets and Alleyways, etc.). Homeowners should use the “Contact” tab to report infractions/violations. It is our hope that infractions/violations will not escalate once a neighbor-to-neighbor communication has been established.
 
The ELEBOD will notify the homeowner (face-to-face, telephone, email, citation, etc.…) when infractions have been reported. The homeowner will be provided ample opportunity to correct the infraction and the matter will be resolved.
 
This procedural manual is prepared to provide structure and a systematic manner to address infractions/violations of the DC&Rs. The Board may process procedures as deemed appropriate to the situation. Your assistance and support in enforcing the governing documents of the association are very much appreciated.
 
II.                   Authority
A.   Emerald Lake Estates Homeowners Association, Inc., Bylaws (Revised 2 June 2015)
1.     Pursuant to article VIII, Section 2a. – The Board of Directors shall have the power to:
a.      Adopt and publish rules and regulations governing the use of the Properties and facilities of the Association, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof:
b.     Exercise for the Association, all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles, or Declaration;
2.     Article IX, Section 1e. – “… the Board of Directors may appoint other committees as deemed appropriate in carrying out its purpose.”
B.    Amended and Restated Declaration of Covenants and Restrictions for Emerald Lake, 1/18
1.     Article IV, General Powers and Duties of Board of Directors of the Association
a.      4,1(b)(4) – To make reasonable rules and regulations for the maintenance and protection of the Common Maintenance Areas, and to establish penalties for infractions thereof and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members.
b.     4,1 (b)(6) – To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency.
c.      4.1 (b)(7) – To enforce the provisions of this Declaration and any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provision or rules.
 
III.                Infractions Compliance Process
A.   Reporting Infraction(s)
1.     Homeowner to Homeowner (Face-to-Face, Telephone Call, Text Message, Email, Direct Mail)
2.     Homeowner to ELEHOA Board of Directors
a.      Report infractions/violations to ELEBOD through the website (www.elehoa.org).
b.     ELEBOD take appropriate notification action(s).
c.      Direct Homeowner to appropriate City of Garland responsible agency
d.     Join with the Homeowner in resolving the infraction
3.     Homeowner to City of Garland
a.      Code Compliance
b.     Animal Control
c.      Etc.
4.     Maintenance & Compliance Committee Scheduled/Unscheduled Inspections
5.     Board of Director Observations
6.     City of Garland Inspections/Citations
B.    Reporting Documents
1.     Citation Book
a.      Original and Copy of Violation
b.     Frequently Identified Violations
2.     Form Letters
a.      Friendly Reminder
b.     Infraction Complaint (First, Second, Third Offense)
 
 
 
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