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Signed in as:
filler@godaddy.com
Effective 9/29/2017-Parking Violators Will Be Towed At Owners Expense.
Parking lots included within the Common area are for short-term visitors and guests and are not to be used by homeowners, homeowner’s tenants or their families residing within the properties.
Curbside / Street parking is prohibited except for short-term convenience parking for delivery vehicles and residents while they are conducting quick tasks such as loading / unloading groceries, etc. Short-term guests and invitees may park curbside for the duration of their visit if it is less than one day otherwise they should park in the common area visitor spaces. No overnight street parking is allowed.
All streets, alleys and common areas are property of the HOA and subject to HOA by-laws, rules and regulations. HOA homeowners, Non HOA homeowners and renters are required to abide by parking by-laws and regulations. Parking rules are in effect 24 hours a day-7 day a week.
1. UNAPPROVED VEHICLES
1.1. No automobile, truck, bus, camper, motor home, mobile home, boat or other vehicle, boat trailer, trailer, machinery or equipment of any kind shall ever be parked on any Lot or on any street right-of-way, easement or Common Properties adjacent to any Lot, nor shall any such object be left parked or stored on any Lot or on any adjacent street right-of-way, easement or Common Properties. Notwithstanding the foregoing such vehicles and/or equipment may be stored, placed, or parked: (i) within the garage of the appropriate Owner or otherwise concealed from view from adjoining Lots, Common Prope11ies, or public streets; or (ii) as otherwise approved in writing by the Board and/or Architectural Control Committee. Any Owner's recreational vehicle, including towed, self-propelled or pickups with a camping structure, may only be parked within the Properties for the loading, unloading or cleaning for a maximum of three consecutive days during the course of any month. Owners having visitors using recreational vehicles must coordinate parking arrangements with the Association's management company. Such requests must be approved in writing and documented by the Board, Architectural Control Committee, and/or the Association's designated agent.
1.2. Without limiting the foregoing, it shall be presumed that any vehicle that does not have attached a current license plate and current safety inspection sticker (if required by statute) or has one or more flat tires, or is otherwise inoperative, abandoned, disabled or partially disassembled, is a vehicle stored in violation of this Policy.
1.3. No automobile, truck, bus, camper, motor home, mobile home, boat, or other vehicle, or any part thereof, or boat trailer, trailer, machinery or equipment of any kind shall be placed, kept, parked, or stored upon any unpaved portion of any residential Lot. No commercial vehicle, recreational vehicle, motor home, camper, boat, trailer, or other vehicle of height greater than nine feet (9') shall be kept or stored on any Lot, or on the street adjoining any Lot or Common Properties.
1.4. No storage or shipping containers, or other equipment and machinery shall be kept or stored on any Lot, or on the street adjoining any Lot or Common Properties without the express, written consent of the Board.
1.5. Any disabled, inoperative, abandoned, wrecked, or junked vehicle parked or stored on any Lot or on any adjacent street right-of-way, easement or Common Properties is a vehicle stored in violation of this Policy.
2. RULES AND REGULATIONS
2.1 An Owner's vehicles shall be parked in the Owner's driveway and/or garage. If the garage is unavailable for parking, then the Owner must park their vehicle(s) in their driveway.
2.2 Guests of Owners are permitted to park: (i) in the driveway of the Owner they are visiting; (ii) in parking lots located within the Common Properties; and/or
(iii) curbside in front of the Lot of the Owner they are visiting. Lots within the
Common Properties shall not be utilized by the Owners or such Owners' tenants or family members residing within the Properties. Short-term visitor or
guest parking shall be limited to no more than three (3) consecutive days in areas designated for such parking, provided parking is not otherwise prohibited by other rules and regulations. lf such parking requirements are anticipated to
exceed three (3) consecutive days, arrangements for an exception to this Policy may be made by contacting the Association's management company.
2.3 Guests parking overnight must display a temporary parking permit, which shall
hang from the rearview mirror of such guest's vehicle. Permits can be
obtained from the Association manager or other designated representative of the management company.
2.4 Delivery vehicles, short-term guests, and /or invitees may park curbside for the duration of their business or visit if it is less than one (I) day. Otherwise, such delivery vehicles, short-term guests, and/or invitees should park in parking lots located within the Common Prope1ties, pursuant to Section 2.2 hereinabove.
2.5 The amenity center parking lot(s) are only available to Owners while such Owners are using the facility or attending an event at such facility.
2.6 Cars parked in driveways shall be parked in such a manner as to not extend beyond driveways.
2.7 Vehicles shall not be parked in fire lanes, along curbs painted to indicate no parking, impede the normal flow of traffic, block any mailbox, extend into the street, or otherwise prevent ingress and egress of any other vehicle to community gates/entries, adjacent parking spaces, or the open roadway.
2.8 No vehicle shall be parked perpendicular to driveways in such a way as to impede the normal flow of traffic, block any mailbox, extend into the street, or otherwise prevent ingress and egress of any other vehicle to adjacent parking spaces or the open roadway.
2.9 The operation of any and all vehicles in the Turtle Cove community shall be restricted to paved roadways and ingress and egress via driveways.
2.10 No person shall operate a vehicle in the Turtle Cove community without a proper state-issued operating license and without using any state-law required safety equipment.
2.11 If a vehicle's security system interferes with the right of quiet enjoyment of the community for more than fifteen (IS) uninterrupted minutes, the vehicle is in violation of this Policy.
2.12 All Owners are responsible for ensuring that their family members, employees, visitors, guests, tenants and agents observe and comply with this Policy as may be adopted and/or amended by the Board.
3.0 ENFORCEMENT
3.1 The rules and regulations governing parking in the Turtle Cove community are in effect 24 hours a day, 7 days a week.
3.2 The Association may exercise its right to have any vehicle towed that has been determined to be disabled, abandoned, wrecked, junked, non-operating, or is otherwise parked or stored in violation of this Policy or the Declaration, as they may be amended. All costs and risks of towing and impoundment shall be the sole responsibility of the vehicle's owner.
3.3 The Association shall contract with a private towing company to post proper signs and tow vehicles pursuant to this Policy, and in accordance with the requirements of Texas Occupations Code Chapter 2308, as the same may be amended from time to time.
3.4 Prior to towing, the Board will attempt to follow the enforcement procedure as noted on Exhibit 1 attached hereto and incorporated herein for all purposes. If the property owner is not known, no written notice is required.
3.5. Subject to the terms of Section 3.4 hereinabove, Owners/drivers with vehicles and/or equipment that is in violation of this Policy will receive a sticker placed on the driver-side window of the vehicle or other appropriate area of the noncompliant vehicle and/or equipment. The sticker will inform the vehicle Owner/driver of this Policy and the time allowed for Owner/driver to cure the violation. Failure to cure the violation pursuant to the window sticker (or if the Owner is a repeat offender within six (6) months) may result in said vehicle and/or equipment being towed at the Owner's/driver's expense. Appropriate documentation of the vehicle and window sticker will be taken and kept on file for a reasonable period with the Association's management company.
3.6. If a window sticker is placed on a vehicle in error, the Owner/driver of such vehicle should contact the Association or its management company as soon as possible.
3.7. Any vehicle (a) parked in a designated fire lane or designated no parking area, (b) impeding access to mailboxes, (c) extending into street, (d) constituting a safety hazard, or ( e) whose security system has been triggered and left unattended for more than fifteen (15) minutes, shall be subject to immediate towing without notification to the owner of the vehicle.
3.8. The Association reserves the right to exercise all other powers and remedies provided by the Association's governing documents and/or the laws of the state of Texas and Rockwall County, Texas.
3.9. Exceptions to this Policy, due to extenuating circumstances, may be authorized on a case-by-case basis. Requests for such exceptions should be directed to the Association's management company and must be approved in writing and documented by the Board, Architectural Control Committee, and/or the Association's designated agent.
3.10 This Policy may be amended or terminated from time to time at the discretion of the Board.
3.11 Any violation of this Policy shall be determined at the sole discretion of the Board, or as such authority may be properly delegated.
3.12. When a violation is determined to exist and where the Board deems it to be in the best interests of the Association to refer the violation to legal counsel for appropriate action, the Board may do so at any time. Such legal action may include, without limitation, sending demand letters to the violating owner, filing suit, and/or seeking injunctive relief or any other remedy available at law or in equity against the owner to correct or otherwise abate the violation. Attorneys' fees and all costs incurred by the Association in enforcing the Declaration and administering this Policy will become the personal obligation of the Owner.
3.13. All capitalized terms undefined in this Policy shall have the same meanings
herein as prescribed to them in the Declaration.
3.14. This Policy is effective upon recordation in the Official Public Records of Real Prope1ty of Rockwall County, Texas and amends and restates any policies regarding the subject matter hereof. Except as affected by this Policy, all other provisions contained in the Declaration and/or any other dedicatory instruments of the Association shall remain in full force and effect.