Rolling Meadows Homeowners Association

Amendments To By-Laws & Covenants 1972-2012

(1) January 18, 1972

Whereas, heretofore, on the 18th day of January, 1972, Attached Housing, Inc., Declarant, caused to be filed in Volume 5175, Page 251 of the Deed Records of Tarrant county, Texas, By-Laws of Rolling Meadows No. One, Townhouse Addition Association, Inc., and

Whereas, said By-Laws of Rolling Meadows No. One, Townhouse addition Association, Inc., referred to that certain real property described in the Declarations of Covenants, Conditions and Restrictions for Rolling Meadows No. One, Townhouse addition, and

Whereas, said Declaration of Covenants, conditions and Restrictions of Rolling Meadows No. One, Townhouse Addition, was amended on the ___day of May, 1973, by eliminating Lots 17 through 28 of Block 2C, thereby reducing the total number of lots from 78 to 66; and

Whereas, Rolling Meadows No. One, Townhouse addition Association, Inc., desires to amend Section 2, Section3, and Section 7 of Article II of said By-Laws to conform to said Amendment of Declaration of covenants, Conditions and Restrictions of Rolling Meadows No. One, Townhouse Addition:

Now, therefore, the undersigned, being all of the Directors of Rolling Meadows No. One, Townhouse Addition Association, Inc., in consideration of the premises, hereby AMEND said By-Laws of Rolling Meadows No. One, Townhouse addition Association, Inc., in the following respects:

Section 2 of Article II is hereby amended so as to read as follows:

? ??œSection 2. Properties shall mean and refer to that certain real property described in the Amendment of Declaration of Covenants, conditions and Restrictions of Rolling Meadows No. One, Townhouse Addition.???

Section 3 of Article II is hereby amended so as to read as follows:

? ??œSection 3. ??˜Lot??™ shall mean and refer to those building locations shown on the plat
of Rolling Meadows No. One Townhouse addition, filed for record in Volume
388-70 Page 23 of the Plat Records of Tarrant county, Texas, excluding Lots 17
through 28 of Block 2C.???

Section 7 of Article II is hereby amended so as to read as follows:

? ??œSection 7.?  Declaration shall mean and refer to the Amendment of Declaration of Covenants, Conditions and Restrictions of Rolling Meadows No. One, Townhouse Addition.

March 10, 1977 - Annual Meeting Date

(2)? ?  ANNUAL MEETINGS DATE.? ?  The first annual meeting of the members shall be held within one year from the date of the conveyance of the first lot by developer and each subsequent regular annual meeting of the members shall be held the second Thursday of June each year thereafter, at the hour of 8:00 P.M.?  If the date for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.

November 13, 2000?  -?  Painting Maintenance - Outside Structures

(3) PAINTING MAINTENANCE -OUTSIDE STRUCTURES. All storage buildings, patio covers (except patio covers that were part of the original structure, aluminum patio covers, or of non-painted? cedar wood), and all other add on structures must be maintained and painted to the same degree as? the home. Repainting must be completed at the same time as the home is repainted and must be in? the same color scheme. All cost of maintenance and painting of these items is the sole expense of? ? that property owner.

November 13, 2000 - Maintenance of Add On Replacement Features

(4) MAINTENANCE OF ADD ON OR REPLACEMENT
FEATURES
. Add on structures or remodeling/replacement items that will increase the maintenance and painting cost to the Association will be invoiced to the? owner of that home for the additional cost incurred plus twelve percent (12%) interest on the unpaid balance. Example: replacement of the original metal sliding patio doors with wood stained patio doors that would require? additional
repairs with aging or routine painting.

November 13, 2000 - Roofing

(5) ROOFS. (1) All roofing material is to be the same color as the whole building. (2) Roofs damaged? due to storms are the property owner's responsibility for repairs or replacement, since storm damage is covered under the homeowner's insurance policy. Repair or replacement is to be made within 60? days of storm damage. (3) The Board of Directors has the option to pay the property owner's ?  insurance premium deductible, up to $250 after repair or replacement and upon proof the work has been completed. (4) After storm damage the Association may at its discretion hire an inspector to? inspect any roofs that have not been replaced to determine the need of repair or replacement. The ?  cost of the inspection shall be charged back to each owner. (5) The Association will document which? roofs were repaired or replaced as part of their permanent historical records.

January 23, 2001 - Lawn Maintenance

(6) LAWN MAINTENANCE.?  The Association will provide for lawn maintenance.?  A lawn maintenance contract shall provide for lawn mowing, trimming, edging, shrub trim, fertilizer and related issues.?  When the contract has expired, three bids or more will be required before final contractor selection is made.?  If the contractor elects to renew the contract for an additional year without increasing the cost; the three bid requirement will be waived.

This contract is to be reviewed and revised yearly by the lawn chairman and board of directors in order to stay current with all lawn maintenance issues.?  The contract formula should continue to
remain in the control and discretion of the lawn chairman and board of directors. ? The lawn maintenance bids submitted to the Association must be broken down giving a monetary value per
each event of the following:?  mowing, fertilizer and shrub trim.

January 23, 2001 - Exterior Wood Rot, Brick & Stucco Repairs

Revised September 6, 2007

(7) ? EXTERIOR WOOD ROT, BRICK & STUCCO REPAIRS.?  The Association is responsible for all exterior wood rot, brick and stucco repairs on front, sides, and back of all townhouses, prior to painting.?  It is the owners responsibility to report all needed repairs to the Association.?  All damage from negligence from owners or guests is the expense of the homeowner, per the Covenants and By-Laws.

May 22, 2001 - Dead Tree Removal; Tree Trimming

(8)DEAD TREE REMOVAL; TREE TRIMMING.?  The Association will be responsible for all tree trimming and dead tree removal from front and side yards only.

November 13, 2001 ??“ Exterior Painting

(9) EXTERIOR PAINTING. Painting shall be done on the front, side, and back of townhouses
after a? minimum of seven years or as needed, with semi-gloss paint after all exterior repairs have been completed.

? A. The previous painting contract shall be reviewed before painting to see how many years the previous paint was guaranteed for from the manufacturer. It will be determined at this time if a claim can be submitted to the manufacturer if the paint has failed to meet its life expectancy.

? B.?  A paint committee shall be selected to prepare the painting contract and a main contact
person shall be appointed as a liaison between the Association and the paint contractor.

? C.?  A signed contract, fully stipulating all details and all paint colors and conditions, with a local paint contractor of good reputation is a requirement. The contract shall state the number of years the
manufacturer has guaranteed the paint. The sum of twenty percent (20%) of the total contract shall be withheld until all the work is completed to the satisfaction of the Association.? 

? D.?  The homeowners shall have a vote in the selection of paint colors for their townhouse building from colors selected by the paint committee; the entire building shall be painted the same color. The majority vote rules in the color selection process.

? E.?  The townhouse buildings shall be painted in different color schemes and trim colors from other buildings; so as not to appear looking like an apartment complex.

? F.?  Owners who have metal powder-coated manufacturer painted garage doors shall be interviewed
prior to painting to determine if they want their garage doors painted at this time.?  If they choose not to have them painted, the color schemes selected for their building shall be harmonious to the existing garage door color.

? G.?  Shrubs, bushes or any other landscape plant that is growing next to or near townhouses with wood or stucco painted areas will be trimmed and pruned prior to painting.?  This permits the painting contractor access to areas of the townhouse that are scheduled for painting.

? ? 

June 21, 2012 - Exterior Painting

(9)?  EXTERIOR PAINTING.? ?  (to be added to existing By-Law Amendment 9, Exterior Painting)

? H.?  A bid package will be given to all contractors that are bidding jobs for the Association.? The? bid
package will include a copy of:?  (1)?  By-Laws,?  (2)?  Map of RMTA,?  (3)?  Special instructions? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?  on dealing with stucco arches, add-ons, patio covers and sheds.

? I.? ? ? No advance payments will be made to contractors.?  ? ? ? ? ? ? ? 

? J.? ? A certificate of insurance is required for all contractors hired by the Association.? 

? K.?  The painting contractor must supply an invoice for work completed, to be given to the? Board in advance of any payments given to him.? The payment must have the 20% withheld? until a? walk through inspection of the completed work can be conducted and approved by the? painting committee.?  The painting committee, the board members and the Secretary/Treasurer? are all responsible to see that invoices are turned in and become a permanent part of the? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?  Association's records.

? L. ? Painting and maintenance of outside structures.?  All storage buildings, patio covers? (except patio covers that were part of the original structure, aluminum patio covers, or? of non-painted cedar wood), and all other add on structures must be maintained and painted to? the same degree as the home. Repainting must be completed at the same time as the home is? repainted and must be in the same color scheme. All cost of maintenance and painting of? these items is the sole expense of that property owner.

? M.?  Maintenance of add on or replacement features. Add on structures or remodeling and /or? replacement items that will increase the maintenance and painting cost to the Association will? be invoiced to the owner of that home for the additional cost incurred plus twelve percent? (12%) interest on the unpaid balance. Example: replacement of the original metal sliding patio? doors with wood stained patio doors that would require additional repairs with aging or routine? painting.

? N.? Exterior wood rot, brick and stucco repairs. The Association is responsible for all exterior? ? ? ? ? ? ? ? ? ? ? ?  wood rot, brick and stucco repairs on front, sides, and back of all townhouses, prior to? painting.?  It is the owners responsibility to report all needed repairs to the Association.?  All? damage from negligence from owners or guests is the expense of the homeowner, per the ? ?  Covenants and By-Laws.

? O.Selection of Contractors.?  No owner or close relative of an owner will be hired by the? ?  Association as lawn maintenance contractor, painting contractor, roofing contractor or? ? ? ? ? ? ? ? ? ? ? ?  contractor for major repairs or building improvements.? 

? P.?  There will be a deadline date for completion of the work.?  Weather delays will be taken into? consideration.?  A penalty will be set of $25.00 a day for work not completed by the contract? deadline.? 

May 6, 2003 ??“ Selection of Contractors.

(10)SELECTION OF CONTRACTORS.?  No owner or close relative of an owner will be hired by the Association as lawn maintenance contractor, painting contractor, roofing contractor or contractor for major repairs or building improvements.?  All contractors must provide a current certificate of insurance to the board of directors before beginning work on Association property.

January 23, 2001 - Window Air Conditioners & Satellite Dishes

Revised September 6, 2004

(11)WINDOW AIR CONDITIONER UNITS AND SALETTITE DISHES.?  Any window air conditioner? ?  unit on the front of buildings, visible from the street is forbidden.?  Window air conditioner units on the? side of the townhouse are permissible with the approval of the Association.?  Window air conditioner? units on the back of the townhouse are permissible.? 

Yard mounted satellite dishes visible from the street are prohibited.?  Roof mounted satellite dishes? must be located on the backside of the roof.? 

? ? 

January 23, 2001 - Fence Replacement or Repair

(12)FENCE REPLACEMENT OR REPAIR.?  The Association is not responsible for any fence replacement or repair.?  All common fences are the responsibility of both homeowners. Painting of exterior fences, visible from the street, is not allowed in order to conform to a uniform appearance of all fences in our community.?  Staining and weatherproofing is allowed.

Fences on the property line of two adjoining townhouses, only within the community of Rolling? ? ? ?  Meadows Townhouse Association, that need repair or replacement will have the cost shared by the? two respective owners.?  Since the new or repaired fence is a benefit to both owners, each should? share equally in the expenditure.?  Any dispute between owners unwilling to share the cost can take? their case to small claims court to be settled there.?  All disputes will be handled by the owners and not? by the Association.

May 22, 2001 - Cap on Secretary-Treasurer's Wages

(13)? ?  CAP ON SECRETARY-TREASURER??™S WAGES; SOCIAL SECURITY WAGES.?  The Association will limit the secretary-treasurer's wages up to 15% of the monthly revenue of all townhouse assessments, and shall not exceed this amount.? The Board of Directors shall have the discretion to set the actual payment amount within this percentage range.?  The secretary-treasurer carries a classification as contract labor.?  According to rulings from the Social Security Administration and the Internal Revenue Service, per schedule 15 and 15A, the secretary-treasurer is not entitled to social security wages paid by the Association.

? ? 

March 20, 2003 ??“ Official Notification

(14)OFFICIAL NOTIFICATION ??“ Any action or omission of an action that changes the harmony, or the appearance of the townhomes, yards, or streets of the Rolling Meadows No. 1 Townhouse Association is prohibited by article five of the Covenants, and other miscellaneous By-Laws.?  A fine of $5.00 a day ($10.00 a day for repeat offenders) will be levied against the property owner if not
corrected after the appropriate time allowed in the official notification letter issue for each violation; after 14 days the Association will file a small claims court suit against the owner of the property.?  All legal cost (approximately $100.00 or more) will be charged to the property.?  Many, but not all of the violations that this By-Law encompasses are detailed in the two pages of this law titled ??œOfficial Notification???.

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?  OFFICIAL NOTIFICATION

Address:______________________________________? ?  Date: _________________

You are in violation of the Covenants, and the By-Laws on the following:

Gutters need to be refastened, re-hung, or replaced.

Garage door needs to be replaced.

Cracked or broken window needs to be replaced.

Fence needs to be repaired or replaced.

You are in violation of the Covenants and the By-Laws on the following:

Unauthorized signs in yard or on house.

Litter / Trash / Clutter in front / side / back yard.

Grass / Weeds 12??? or higher in back yard.

Dead shrubs or trees need to be removed in back yard.

Vehicle(s) parked illegally in yard, off driveway or street.

Junked / inoperable vehicle on premises ??“ must have current license plate and inspection sticker.

Stagnant / foul, or offensive materials on premises.

Flower beds need to be tend to and / or cleaned out, weeds cut.

Garbage outside before 7:00 P.M. on the day before pickup.

Garbage cans /recycling binds left outside.

Cat / Dog running loose or chained in front yard.

Dogs barking disturbing the peace and quiet.

Foil, sheets or other inappropriate window cover, window air condition in front or
side of home.

Other:_____________________________________________________________________.

If the violation(s) is not corrected by ________________________ you will be fined $5.00 per day; after 14 days the Association will file a small claims court suit against the property owner.?  All
legal cost (about $100.00) will be charged against this property.?  Repeat violations will be fined $10.00 a day.?  If we can be of any help in this matter please let us know.

? ? 

May 6, 2003 ??“ Selection of?  Members For The Board of Directors.

(15)?  SELECTION OF MEMBERS FOR THE BOARD OF DIRECTORS.?  Only Association property
owners can become members of the Board of Directors.

June 21, 2012?  - ? Delinquent Accounts

(16) DELINQUENT ? ACCOUNTS

  1. Grace Period of 30 Days
  2. Late charge of $2.00 after 30 Days
  3. Interest of 6% at five (5) months past due.
  4. Certified letter if five (5) months past due giving owner an additional 30 days to make? ? ?  arrangements for payment.?  If not paid, a lawsuit will be filed in small claims court for past due assessment amounts plus all legal cost incurred by the Association.
  5. If circumstances warrant, a lien will be placed on the property.
  6. Foreclosure and sale of property.

? ? ? ? ? ? ? ? ? ? ? ? 

June 21, 2012?  - ? Missed Board Meetings By Board Members

(17)MISSED BOARD ? MEETINGS ? BY ? BOARD MEMBERS.?  If any member of the Board of Directors misses three (3) meetings in a twelve (12) month period, that member will be replaced.

June 21, 2012?  - ? Foundation Leveling & Repairs

(19)?  FOUNDATION ? LEVELING ? & ? REPAIRS.?  The Association is not responsible for any foundation leveling or repairs and any damage resulting there from.

? ? 

June 21, 2012?  - ? Doors, Windows & Screen Repair & Replacement

(2O)?  DOORS,?  WINDOW,? SCREEN?  REPAIR? & REPLACEMENT. ? The Association is not responsible for the repair or replacement of doors, windows, and screens, including garage doors.

? ? 

June 21, 2012?  - ? Driveway Approach & Curb Repair

(21)?  DRIVEWAY ? APPROACH ? & ? CURB ? REPAIR.?  The Association is not responsible for repairs or replacement to damaged driveway approaches or curbs.

? ? 

June 21, 2012?  -? Legal Fees & Other Miscellaneous? Costs Charged Back to Homeowner

(22)LEGAL ? FEES ? AND ? OTHER MISCELLANEOUS ? COSTS ? CHARGED ? BACK ? TO HOMEOWNER.?  All legal fees and other miscellaneous costs incurred by the Association caused by a home owner, their relatives, or visitors shall be charged to that home owner, and will be billed and handled the same as late dues, etc.

June 21, 2012?  -? Expenditures over $500.00

(23)?  ? EXPENDITURES OVER ? $500.00.?  The Board's quorum majority must approve all individual? expenditures up to $500.00 in a fiscal year.?  All cumulative ? expenditures over $500.00 per item, not? approved in the annual budget by the owners must be approved by a majority vote of owners voting at? the annual meeting, or voting by mail.?  The pro's and con's of requested expenditures must be? presented to the owners at the same time.?  Board members or an owner can write these? presentations? and must be mailed to the owners in the same mailing as the board members voting ballot and the annual meeting announcement.

June 21, 2012?  -? Security at Annual Meetings

(24)SECURITY AT ? ANNUAL ? MEETINGS.?  If one individual acts in a manner in which security? might be necessary for an annual board meeting or special board meeting, the fees of the security? service will be assessed to the owner of the townhouse that made the security necessary.? 

? ? 

June 21, 2012?  -?  Special Repairs for City of Arlington Section 8 Rental Housing Inspections

(25)SPECIAL REPAIRS? FOR?  CITY OF ? ARLINGTON ? SECTION ? 8 ? ? RENTAL ? HOUSING INSPECTIONS.?  All special repairs required by the City of Arlington in order for owners to rent their? property to comply with the Section 8 Housing Authority rules shall be paid for by the townhouse? owners.?  All RMTA property is painted, repaired and roofed on a regular basis.?  It is up to
the owner to? satisfy the repairs and expenses for the Section 8 codes.? Owners must report to the Association that? their townhouse is a Section 8 rental property.

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? 

June 21, 2012?  -?  Standing Water on Property or Driveways

(26)?  STANDING ? WATER ? ON ? PROPERTY ? OR ? DRIVEWAYS.?  The Association is not responsible? for water standing on property or the removal of water standing on property or driveways.

? ? 

June 21, 2012?  - Trees or Shrubs Growing Next to Buildings

(27)?  TREES?  OR?  SHRUBS?  GROWING?  NEXT? TO?  BUILDINGS.?  Trees shall not be grown or planted? within 15 feet of any townhouse building.?  All shrubs planted next to the buildings must be shorter than? 2 feet from the roof line.?  The lawn contractor will remove any shrub that grows beyond these limits.

? ? 

June 21, 2012?  -?  Ethical Behavior for Board of Directors

(28)?  ETHICAL?  BEHAVIOR?  FOR?  BOARD?  OF?  DIRECTORS.?  Any member of the board of directors who has unethical behavior in dealing with contractors and/or vendors must be dismissed from the board by majority vote of the owners, and will be suspended from all board activities while this vote to the owners is taking place. They shall be banned from serving on the board in all future
times.?  Unethical behavior includes overpayment of invoices, kickbacks from contractors and/or vendors, blatant disregard for neighborhood policies and the communities well being, and especially
the breaking of any of the Association's Covenants, By-Laws, Amendments to the Covenants, and Amendments to the By-Laws.? 

A.? ?  An invoice (no matter how small the sum) is required for all purchases and services paid for by the Association, to be turned in to the Secretary/Treasurer at the time a check is requested.?  Presenting an invoice for each payment is absolutely necessary for progress payments for painting and carpenter contractors and contracts.?  Board members and the Secretary/Treasurer are both responsible for seeing that invoices for all services are a permanent part of the Associations records.

B.?  Any board member who is 30 days late on their dues will have his voting rights suspended.?  If they are 60 days late on their dues they are automatically dropped off of the board of directors.

? ? 

June 21, 2012 - Annual Voting for Board Members

(29)?  ANNUAL? VOTING?  FOR?  BOARD?  MEMBERS.?  Ballots are sent out each year asking the owners to elect new board members.?  The ballots must have a "Yes" and a "No" check box by each name so the owners can vote "for" or "against" voting a member into office.

? ? 

December 2, 2012 - Record Retention

(30)?  RECORD RETENTION.?  December 2, 2012.?  The following is the Records Retention Policy of the Association:

Articles of Incorporation, Declarations of Covenants, Conditions and Restrictions, By-Laws and all amendments thereto: shall be retained permanently.

Financial books and records: shall be retained seven (7) years.

Account records of current owners: shall be retained five (5) years.

Contracts with a duration of a year or move: shall be retained four (4) years after the expiration of the contract term.

Minutes of meetings of Owners and Board of Directors: shall be retained seven (7) years.

Tax returns and audit records: shall be retained seven (7) years.

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December 2, 2012 - Conflicts

(31)?  CONFLICTS.?  December 2, 2012.?  If there are conflicts or inconsistencies between the provisions of Texas law, the Articles of Incorporation, the Declarations of Covenants, Conditions and Restrictions, the By-Laws and the Amendments to the Covenants and By-Laws, then the provisions of Texas law, the Declarations, the Articles of Incorporation, the By-laws, the Amendments to the Covenants and By-Laws (in that order) shall prevail.? 

Posted by carolyndevore on 12/08/2012
Last updated on 12/09/2012
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