(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 as a result of use of the Association's property;
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 accept the use of the Association’s property is first come-first serve regardless of payment or notification;
x) 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 and owed 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.