Useful Info
The following link is from the Texas State Law Library that provides useful information on Property Owners' Association. This is a good reference for all owners to use a for discussions or questions. PROPERTY OWNERS' ASSOCIATIONS.
The Olde Town Owners' Association Inc. is a 501 Tax exempt corporation and is governed under Texas rules and regulations, including but not limited to Texas Property Code, Title 11, Texas Property Code 204, Texas Property Code 209, and governing documents to include the Articles of Incorporation, Declaration of Covenants, Conditions, and Restrictions (CCRs), By-Laws and Rules of the Association. All actions of the Association must be made in consideration of these items and any legal advice obtained.
Our Association has a Board of Directors in accordance with State Code, Title 2; CCRs, and By-Laws of the Association. The Board is an elected body of three eligible individuals for a one year term starting in January of each year. The Board consists of a President, Treasurer, and Secretary. The Board conducts the business of the Association to include but not limited to, general maintenance and upkeep, community events, addressing petitions, association and city code compliance, advocates to other entities on behalf of the Association membership, collection of dues, levies, assessments, and the general welfare of the organization. The Board's powers and authorities are only granted by the enumerated powers of the Texas Property Code Title 11 and through members of the Association through the CCRs and By-Laws. No other authority or powers are provided and any action beyond those expressed must be approved by the members in accordance with the governing documents.
Board and Business Meetings are required to be held no less than annually per Texas Business Organizations Code. In addition to the Texas requirement, the CCRs and By-Laws of this Association require a semi-annual Business Meetings.
Business meetings are prescribed to preserve the State requirements and to provide an open forum for Members.
Prior to the meeting, a call for topics will be transmitted to the Association membership and received by the Board prior to the meeting. These items are called "New Business" and will be placed on the meeting agenda in the respective order if received. A meeting can be held and acted based on a quorum present. A quorum is defined by the By-Laws for a minimum number of members to be present in person or by delegated authority. If a quorum is not present, no decisions, petitions, agenda items can be voted upon.
If you have a item needing to be discussed, celebrated, shared, petitioned or voted upon, please send the Board the item via email to: Board@theotha.com or via mail to: Olde Town, 705 Creek Walk Pl, Arlington TX 76015.
Our Association has three committees that include: Audit, Design (Architectural), and an Election committee. Each of these committees must have a non-Board member. The committees are needed to ensure Membership is represented in each of these areas. The By-Laws and CCRs determine the need for each committee and its function. Other committees maybe formed based on need. If a committee is needing to be developed, the Board will seek eligible members to participate. There is no restriction on the number of members per committee except one committee member must not be a Director of the Board.
In the event a committee is not able to be formed for lack of interest, the Board shall fill the needed role and require unanimous consent among the Board of Directors to act in the absence of a committee.
This Association has an Annual General Assessment (AGA) of $835.00 (as of January 1, 2024) for all homeowners. The AMA is for the existing calendar year (this is known as the Assessment Year). The AGA is due no later than January 31 the Assessment year. The AGA is authorized under the Texas State Code, CCRs and the By-Laws. Any changes to the Annual General Assessment must be voted on by a written (no proxy) vote of the members pursuant to the Declaration of Covenant's Conditions and Restrictions and achieve a sixty-seven (67%) "in-for."
The Board of Directors may seek to levy a Special assessment in the applicable Assessment Year for repair, maintenance, and special projects for the welfare of the Association. The Special assessment must be voted on by the members in accordance with the Declaration of Covenant's Conditions and Restrictions with a written (no proxy) vote of the members pursuant to the Declaration of Covenant's Conditions and Restrictions and achieve a sixty-seven (67%) "in-for."
The Board of Directors may impose fines as needed to ensure the general welfare of the community is maintained. Fines could be, but not limited to, late fees, code violations, required maintenance performed by the Association because of the member(s) negligence.
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RULES
Article 100: Fees for use of Association Property:
(a) Long Term Parking: Effective immediately on February 1, 2025 and until by amendment of the Declaration of Covenants, Conditions, and Restrictions, fees shall be assessed for the use of the Association’s property as described below:
1) APPLICABILITY: Common Area of Block 1: Lot 29 AND Common Area Annex of Block 2: Lot 8 AND any other property that may be designated as a parking area that is owned by the Association (hereinafter defined as Parking Area.)
2) This rule is applicable to all owner members’, guests’, visitors’, and residents’ use of the Association’s property for more than thirty days (30 days) for any calendar year regardless of the make, model, type or location of the vehicle(s) upon the Association’s property;
3) This rule applies per Member Lot and per vehicle (meaning a Member that has multiple cars will accrue as a single vehicle but a fee will be assessed per vehicle once the thirty (30) calendar days of use has been exceeded;)
4) The Association may have the vehicle removed within twenty-four (24) hours after securing a Notice to Remove or Tow on the vehicle.
5) Obligations of the Association:
i) The Association has no obligation at any time to any vehicle to ensure access of or use of the Associations’ property;
ii) The Association has no obligation to repair, replace, or otherwise remunerate any owner or operator for any vehicle damage that occurs while parked on Association property that does not have a direct causation from the Association’s actions or inactions;
iii) The Association shall exercise the right to remove any vehicle pursuant Article 100 § (a)(4) above or anytime thereafter without further notification for any vehicle that is deemed to be abandoned, wrecked, inoperable, or otherwise immovable;
A. An abandoned vehicle is when the vehicle owner, operator or the parties as described in Art.100§(a)(2) fail to notify the Association through either payment of an amount accrued or notified the Association after thirty (30) calendar days of usage and their intent to continue to use the Association’s property.
6) Obligations of the vehicle owner, operator and the parties as defined in Art.100§(a)(2):
i) Upon the expiration thirty (30) calendar days of usage per vehicle, shall notify the Association of continued use as defined in Art.100§(a)(2);
A. Failure to notify the Association shall result in the vehicle considered Abandoned and shall be removed from the property;
B. Any removal of the vehicle is at the party’s expense without recourse to the Association;
ii) Shall pay the Association all fees accrued, either incrementally or upon the due date of the General Assessment;
A. Shall accept the Association may or may not incrementally invoice based on intermittent usage that exceeds thirty (30) days in any calendar year;
iii) Shall be fully responsible for the vehicle and contents that is used is on the Association’s property and for any claims arisen thereafter;
iv) Shall accept by their use of the Association’s property is at the sole discretion of the Association and can be terminated upon twenty-four (24) hour notification;
v) Shall accept the Association does not convey any rights to the use of the Association’s property at any time;
vi) Shall at all times maintain the vehicle in good operating condition;
vii) Shall be licensed, registered and insured according the requirements of Texas use of a motor or electric vehicle and display all requirements while on the property of the Association;
viii) Shall not perform vehicle maintenance, repairs, restoration of any vehicle while using the Association’s property;
ix) Shall accepts the use of the Association’s property is first come-first serve regardless of payment or notification;
x) AND waives all rights and indemnities for the use of the designated parking areas within the Association’s property that are not expressed within this regulation, regardless of payment or notification;
xi) Shall accept that any knowing or unknowing lack of conformance, disregard, or violation of this regulation will result in the Association’s removal of the vehicle(s).
b) A fee for usage shall be set at no-less than fifty-dollars and no cents ($50.00 USD) per month for each vehicle that is parked as described in Art.100§(a)(2) of this Notice.
i) The fee for usage shall start immediately per vehicle per Member Lot as described in Article 100§(a)(3) upon the day after the thirty (30) day period in any calendar year of usage;
ii) After the use of thirty (30) days of the calendar year of the Association’s property, and in any successive month of the same calendar year, the parties as described in Art.100§(a)(2) shall accrue the monthly fee for the use of the Association’s property and no amounts will be pro-rated.
iii) The amount assessed will be accrued until the Associations’ general assessment is invoiced for the upcoming year or paid incrementally by the responsible party identified in Art. 100§(a)(2), which ever occurs first.
iv) Any outstanding balance for each vehicle that is not paid by the responsible party as defined in Art.100§(a)(2) shall be invoiced to the Member, as defined in the Declaration of Covenants, Conditions, and Restrictions and shall be recovered and recorded prior to the Association recognizing any remuneration for the General Assessment for the pending new calendar year.