Policies. Our Homeowners Association has adopted the following rules to help maximize enjoyment, maintain values, and assure the continued aesthetic beauty of our community. The rules apply to all Owners and their families, tenants, and guests. The rules are automatically a part of each lease (even if they are not attached), and each Owner is responsible for making sure his tenants have a copy of the rules and follow them. You are encouraged to ask your neighbors to follow the rules.

Communications. Please direct any repair requests, complaints, or rule violations to Jim Bridges, the management company representative, at Goodwin Management, Inc., whose telephone number is (512) 502-7548 and address is 11149 Research Boulevard, Suite 100, Austin, Texas 78759. This avoids delay and telephone tag problems. You are encouraged to put your suggestions or complaints in the mail to the management company named above so that they may be brought to the attention of the Board of Directors.

Enforcement. The rules will be strictly enforced. If the rules are violated by any occupant or guest of the Owner’s Home, the Owner will be responsible for corrective action, damages, and fines.

POLICIES applicable to ALL OWNERS, OCCUPANTS, GUESTS

1. Security, safety and lighting. Neither the Association nor the Association’s management company provides or warrants security. Each occupant is responsible for the security of himself and his family and guests. It is recommended that each Home have (1) keyless deadbolts on all entry doors, (2) keyed deadbolts on all entry doors, (3) pinlocks on all sliding glass doors, and (4) doorviewers [peepholes or clear glass pane's)] on all exterior doors. Consult management regarding your statutory security device obligations as a landlord if you ever rent your Home. These locks provide added protection for occupants while inside the dwelling.

Occupants are requested to report common area lighting problems at the mail box centers or hazardous conditions immediately to the Association’s management company representative. The Association cannot and does not check exterior lighting on a daily basis. The Association generally must rely on Home Owners and residents to notify the Association’s managing agent when lights are burned out or insufficient in some manner. Clever criminals can defeat almost any kind of crime deterrent. Home occupants must assume that electronic or mechanical devices may malfunction from time to time.

2. Alterations/Exterior design covenants. Each Lot Owner must comply with the covenants relating to construction of improvements on his Lot as contained in the Declaration of Covenants, Conditions, and Restrictions for the Davenport Ranch. No improvement or exterior alteration may be made without prior Board approval. See Declaration provisions for further details. All proposed improvements and exterior alterations must be submitted for approval by the Board. Contact the Association’s management company representative for details.

3. Storage of property on Lots and common areas. All personal property must be kept inside the dwellings (or inside exterior closets or storage rooms), or inside rear yards out of view from the street, including towels, bathing suits, mops, brooms, barbecue briquettes, fuel, wood, tools, carpeting, boxes, plastic bags, beverages, furniture, etc. All property stored in violation of this rule may be removed and disposed without prior notice by any board member or management company representative.

No personal property may be stored temporarily or permanently on sidewalks, parking lots, or other common areas. Only one garage sale is permitted in any 12 month period. Garage sale items must be kept in the garage or driveway of the residence. Management company employees and service personnel, Board members and persons designated by them may remove and throw away any property stored in violation of this rule.

4. Property inside Homes. The Association has the right and the responsibility to control the visual attractiveness of the property, including the right to require removal of and/or remove objects which are visible from the common area and which detract from the property’s appearance. Blinds, shutters and drapes must be in good repair, hung properly, and comply with Rule 9 regarding color and materials. Storage of boxes and personal property in garages is prohibited if such storage prevents the parking of the Owner’s or occupant’s vehicle's) in the garage.

5. No clothes drying outside Homes. No clothes, towels or other items may be hung anywhere outside. Clothes or other items must be dried inside the Homes.

6. Entry areas and sidewalks. Entry areas, walkways, steps and landings visible from the street shall be kept clean and neat by the Owners using them. Feeding bowls for pets or wild animals may not be left outside since they attract stray or wild animals.

7. Trash. Garbage, rubbish or cuttings shall not be left or deposited, beyond a reasonable amount of time, on any common areas or Lot. All of such refuse must be placed in a covered or enclosed receptacle and placed near the curb for pick-up not more than one day prior to a scheduled garbage or recycle pick-up day. Receptacles must be brought in from the curb area not more than one day after a scheduled garbage pick-up day.

8. Animals. Dogs, cats, fish, birds and other animals may be kept in Homes only in compliance with Association rules. Except for birds and fish, no more than two adult animals may be kept in a Home. Animals may not make excessive noise (in the sole judgment of the Board). Animals may not be bred for commercial purposes. Animals except cats must be kept on a leash when outside a dwelling or fenced back yard. Leashes may not be tied to objects and must be held by a person who can control the animal at all times. Animals except cats may not be left alone outside a Home or its fenced back yard. Owners of a Home where an animal is housed have the responsibility to promptly clean up after such animals have defecated in Common Areas or on Lots belonging to others.

Used cat litter must be disposed of only in trash receptacles. Owners must keep their Homes in a sanitary condition and free from fleas, pet parasites and noxious odors. Home Owners shall be liable for damage caused to Common Areas by pets of the Owner or the Owner’s tenants or guests. The Homeowner and the Owner’s tenants and guests shall be responsible for immediate removal of pet defecation from common areas if defecation occurs while walking the dog. Pet feeding bowls may not be left outside because outside feeding bowls attract wild and stray animals. The Board of Directors may require permanent removal of any pet when the pet or its Owner has repeatedly violated these rules or the pet has become objectionable in the opinion of the Board.

9. Window covering. All exterior windows visible from streets shall be covered by white, ivory or tan blinds or drapes or other coverings. No foil or other material objectionable in the reasonable judgment of the Board of Directors shall be placed in or next to any window or sliding glass door. Exterior Burglar bars may not be installed except with prior written permission from the Board.

10. Signs. "For sale" or "for rent" signs and all other signs are prohibited except for one sign of not more than five square foot per Lot for this purpose. Board members, security patrol and management company representatives may enter, without prior notice, and remove and throw away prohibited signs. The policy regarding signs is subject to exceptions for the Declarant (developer) under the Declaration.

11. Noise. City of Austin Ordinances should be observed. Violations may be handled by appropriate law enforcement officials.

12. Nuisances. No unsafe, noxious, offensive, or illegal activity, or odor is permitted in Davenport Ranch. No activity shall be conducted on the property which in the judgment of the Board of Directors might reasonably be considered as annoying to neighbors of ordinary sensibilities, or might be reasonably calculated to reduce the desirability of the property for quality of living. No exterior loudspeakers or flashing lights are allowed. No person may do anything that will increase insurance rates for common area improvements without the prior written consent of the Board or which may cause common area improvements to be uninsurable or which may cause any policy to be canceled, or suspended or materially modified by the issuing company.

13. Children. Each Owner is responsible for the conduct of children who are tenants or guests in his Home. No children’s toys may be left outside in streets or yards (except fenced back yards).

14. Antennas and satellite dishes. An antenna or satellite dish may be installed only: (1) inside the attic, garage or living area of a Home; (2) outside in the back yard or side yard of a Home; or (3) on the roof on the backside of the house. Other outside installation is allowed only if the plans and specifications for location, attachment, safety and screening are approved in writing by the Board for compliance with the following standards:

The antenna or satellite dish must:

The Homeowner is liable for all damages to association property, personal property, animals and persons caused by the Owner’s installation of an antenna or dish.

These location, installation and screening requirements are based on aesthetics, non-interference with reception by neighbors, preservation of property values and safety, including avoidance of injury or property damage from improperly installed or otherwise dangerous antennas or dishes.

15. Landscaping/yard maintenance. Owners shall keep their lawns and landscaping in good condition, including regular watering, pruning, and other reasonably necessary maintenance. The degree of landscaping and maintenance shall be sufficient to maintain a high level of aesthetic harmony in the Davenport Ranch community. Dead trees, shrubbery, or other such landscaping must be removed promptly by the Owners. If Owner should fail to maintain landscaping in accordance with these rules or other governing document provisions, the Association may, upon reasonable notice to the Owner, enter onto Owner's property and mow, water, or otherwise perform any work needed in order to bring the Owner into compliance. The Association may charge the Owner's account for the cost of such work, plus a 10% charge for overhead. Such charges shall be treated as and collectable in the same manner as regular and special assessments.

16. Vehicle repair. Except in an emergency when a vehicle is inoperable, no vehicle may be worked on outside of a garage or in a garage that has the garage door open. Otherwise, vehicles must be serviced or repaired off the property. Vehicles which have expired license plates, expired inspection stickers, flat tires or which are obviously inoperable due to missing parts are prohibited and may be removed from the property at the Owner’s expense. Such vehicles must be removed from the property immediately upon notice from any Board member or management representative.

17. Parking

(a) Parking of vehicles, motorcycles and bicycles in grass areas, dirt areas, flower beds, or sidewalks is prohibited. Owners and occupants must park vehicles in their respective garages and driveways whenever possible. No Homeowner or occupant shall park, store, operate or keep within or adjoining Davenport Ranch any commercial-type vehicle, truck larger than a pick-up truck, motorcycle, motorbike, motor scooter, recreational vehicle (e.g. camper unit, motor home, trailer, boat, mobile home, golf cart), or other similar vehicle unless same is kept solely within the garage of such Owner’s Home and such vehicle physically will be fully enclosed in the garage so that the garage door can close. No Homeowner or occupant shall park, store, operate or keep within or adjoining Davenport Ranch any vehicle over 20 feet long. Bicycles and similar items may not be stored outside a dwelling so that they are visible from the street.

Parking for the Homes is in the Home’s driveway, common area spaces or on the street. Homeowners and guests may not park on the street or common area spaces for more than a 72 hour period without prior written approval from the Board.

(b) No vehicles may be parked or unattended in such a manner as to block the passage of other vehicles on the private roadway for Davenport Ranch or in driveways to Homes. No vehicle shall be left parked and unattended in such a manner as to prevent the ingress and/or egress of emergency vehicles (e.g., fire, EMS) or service vehicles (e.g., refuse trucks). No inoperable vehicle may be stored in Davenport Ranch.

(c) Motorcycles and bicycles may not be parked or stored outside a Home so that they are visible from the street.

(d) If someone is physically disabled, the Board will accommodate special requests for wheelchair parking if possible. Handicap parking signs must be honored.

(e) The Board may adopt parking regulations and restrictions to resolve unanticipated parking problems, provided they are not in conflict with the Declaration.

18. Anti-theft alarms. Owners and occupants who have vehicles with anti-theft systems shall not allow the alarms or horns to go off and disturb other persons in Davenport Ranch for more than three minutes; and any vehicle violating the three-minute rule shall be deemed to be illegally parked and subject to immediate towing, without prior notice to the vehicle owner or operator, by the Association under the Texas towing statutes. The Association may, without liability to the owner or operator of the vehicle violating the three minute rule, cut or disconnect any power source to such alarm or horn to avoid having to tow the vehicle.

19. Towing illegally parked vehicles. Vehicles parked in violation of these rules may be removed and stored without permission of the vehicle’s owner or operator. Notice and removal shall be in accordance with state statutes. A Homeowner is liable for all costs of towing illegally parked vehicles of the Homeowner, his family, guests or tenants.

20. Pesticides and insecticides. The Association does not have responsibilities for pest control inside dwellings. However, the Association shall have the right to enter and exterminate an Owner’s dwelling, at the Owner’s expense, if the Owner’s failure to control pests inside his dwelling or on his Lot is adversely affecting other Homes.

21. Criminal activity. While on any part of Davenport Ranch, no person may violate any criminal laws, health codes or other applicable laws. No tampering with common area water, lighting, sprinklers, pool equipment or other Common Areas is allowed.

22. Utilities and leaks. Each Owner shall be responsible for promptly fixing leaks in all plumbing lines, plumbing fixtures, lavatories, sinks, tubs, and shower stalls inside his Home. A Home Owner will be strictly liable for paying for damages and repairs necessitated by water leaks or irrigation spray from his Lot to adjacent Homes, regardless whether the Homeowner is at fault. If the Association deems it necessary to repair any of these items inside an Owner’s Home, the Owner shall reimburse the Association for the cost of repair, plus 33% for administrative overhead.

23. Eviction of tenants. Under the Declaration and with prior notice to the Owner, the Association has the right to evict an Owner’s tenant who substantially or repeatedly violates the Association’s rules and regulations.

24. Common area modifications. No Owner may construct, alter, modify, landscape, trim, or otherwise perform any work whatever upon any of the Common Areas, Limited or General, without the prior written approval of the plans therefore by the Board of Directors. No exterior awning, shades, railings, or additional lighting may be installed.

25. Common area repairs. If the common area is in need of repair or maintenance, you are requested to contact the Association’s management company immediately and leave a message about what needs to be fixed.

26. Smoke detectors. It is recommended that each Owner have battery or electric-powered smoke detectors in the Owner’s Home.

POLICIES applicable primarily to owners

27. Leasing. Owners must keep the management company informed of the names of all tenants and other occupants of a leased Home. Each Owner is liable for all damages caused by the Owner, his family, guests or pets, and by the Owner’s tenants, and their family, guests or pets.

Leasing of Homes is allowed only if: (i) all leases are in writing and are subject to the provisions of the Declaration and community policies, (ii) a copy of the then-current community policies are provided by the Owner to the Owner’s tenant at the beginning of the lease term, (iii) the Home is not leased for hotel or transient purposes or for less than 30 days, and (iv) the Owner and Tenant comply with all applicable rules and community policies.

28. Leasing of Homes by management company. The Association’s management company may, with authority and compensation from a Homeowner, lease, manage, and/or sell an Owner’s Home. In doing so, the management company does not represent or act for the Association. The management company is not paid by the Association to lease, manage, or sell individual Homes for the Owners.

29. Fines

(a) The Board may assess fines against an Owner for violations of restrictions or standards of conduct contained in the Declaration, Bylaws, or Association rules which have been committed by an Owner, an occupant of the Owner’s Home, or the Owner or occupant’s family, guests, employees, contractors, agents, tenants, or invitees. Each day of violation may be considered a separate violation if the violation continues after written notice to the Owner.

(b) The Board may assess damage charges against an Owner for pecuniary loss to the Association from property damage or destruction of common areas, Common Areas, or common facilities by the Owner or the Owner’s family, guests, agents, occupants, or tenants.

(c) The Association manager shall have authority to send notices to alleged violators, informing them of their violations and asking them to comply with the Rules and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines for minor or reoccurring violations, but the Board may vary any fine depending on the special circumstances of each case.

(d) The procedure for assessment of fines and damage charges shall be as follows:

(1) The Association, acting through an officer, Board member, or managing agent, must give the Owner written notice of the fine or damage charge not later than 30 days after the assessment of the fine or damage charge by the Board;

(2) The notice of the fine or damage charge must describe the violation or damage;

(3) The notice of the fine or damage charge must state the amount of the fine or damage charge;

1. The notice of a fine or damage charge must state that the Owner may, no later than 30 days after the date of the notice, request a hearing before the Board to contest the fine or damage charge; and
2. The notice must be sent by certified mail, return receipt requested, pursuant to state law.

(e) Fine and/or damage charges are due immediately after the expiration of the 30-day period for requesting a hearing; or if a hearing is requested, such fines or damage charges shall be due immediately after the Board’s decision at such hearing, assuming that a fine or damage charge of some amount is confirmed by the Board at such hearing.

(f) The minimum fine for each violation shall be $25. Fines may be assessed for each day of violation.

1. If the violation is not a repeat violation or similar to a previous violation about which an owner has previously been warned, the notice must provide the owner with an opportunity to cure the violation and to avoid the fine or damage charge.

30. Late charges. The charge for late payment of monies to the Association shall be a one-time $25 charge to cover the administrative costs, hassle, and overhead of collection (excluding attorney’s fees). After the due date, interest shall run on unpaid sums due the Association at the rate of 18% per year compounded annually.

31. Hot checks. The charge for a returned check is $25 plus bank charges incurred by the Association.

32. Board access to Homes. Emergency utility leaks on a Lot affecting other Lots may be repaired by the Association at the Lot Owner’s expense without prior notice. All other utility leaks for which the Owner is responsible under the Declaration, Bylaws, or rules may be repaired by the Association at the Owner’s expense with prior notice delivered to the Home if the Owner fails to promptly repair them. If the Home is vacant and for sale or lease, a Homeowner may furnish a key in a sealed envelope to the Home to the Association until it is sold or leased, such key to be used only in the event of suspected utility leaks or emergency repairs thereof.

33. Delinquencies. The Board and/or management may disclose in newsletters and by other means, the names of Owners who are delinquent in any sums due the Association, the amount of the delinquencies, and the names of violators and disciplinary action taken against Homeowners. The right to vote of any Owner who is more than 30 days delinquent on any sum owed to the Association is automatically suspended without notice.

34. Fees for special services. Fees chargeable to Owners for special services (such as furnishing resale certificates, resale certificate updates, copies of declarations, copies of information sent to mortgagees, copies of accounting records, etc.) shall be set by the Board from time to time.

35. Change of address. Owners shall keep the Association timely informed of their current mailing addresses and any change of mailing addresses.

36. Names and addresses of tenants. Owners shall notify the Association of current names and addresses of tenants of their respective Homes.

37. Name and address of new Owners. An Owner may not sell or convey his Lot without all monies due and owing to the Association being paid in full; and if such Owner does sell, convey, or transfer his Lot without paying such monies, such selling Owner shall remain liable for all monies accruing to the Association thereafter on such until such monies are paid in full. If an Owner sells or transfers Ownership of his Home and fails to notify the Association of the sale, the selling Owner shall continue to be liable for the assessments accruing after the sale or transfer until such time as the selling or transferring Owner notifies the Association in writing of the name and address of the new Owner.

38. Security device requirements if you rent your Home. If you rent your Home, a special statute provides that you must re-key for every new tenant and you must install and maintain certain kinds of security devices in your Home. This is very important since you could be held responsible for crimes committed against your tenants that are caused in part by your failure to comply with the Texas Security Device Statute.

39. Declaration Provisions. Many of these policies are directly from the Declaration of Covenants, Conditions, and Restrictions which apply to Owners and their occupants and guests. Some of the policies are in addition to what is in the Declaration. All Declaration provisions apply—even if not set forth below. Except for provisions of these policies that come from the Declaration, the policies may be changed or added to by the Board.

40. Construction. Prior permission must be received from the Board before starting any construction or additional improvements on a Lot. Each Lot upon which construction is occurring must have on its Lot and available solely for that Lot (1) a dumpster or other trash receptacle to hold the construction debris, and (2) a portable toilet for the use of that Lot. Construction material to be used for the construction on the Lot may only be stored on the Lot for which the materials are to be used. It may not be stored in the street or on any other Lot.

41. Greenbelt. No dumping or other trash disposal is allowed in any of the greenbelt or other common areas of the Association.

42. Large Gatherings. Due to safety and parking constraints and in consideration of the impact that large gatherings have on neighbors, gatherings which involve 10 or more cars parked in a neighborhood in order to visit a particular home are limited to one large gathering per month per home without prior Board approval.

43. Non-Liability And Release Of The Association, Officers, And Directors. as provided in the declaration applicable to the project, The Association and its officers and directors shall not be liable to HOME owners, their tenants, AND PERSONS ON THE PROPERTY AT THEIR INVITATION OR WITH THEIR PERMISSION, for property damage, personal injuries or harm resulting at any time from negligent conduct of the association officers, directors, employees and agents relating to enforcement or nonenforcement of the Association’s declaration or rules. This includes but is not limited to ANY declaration provisions and rules regarding pet leash requirements, traffic intersection sightlines, traffic signs, vehicle parking, common area lighting OR FENCING, common area security, hazardous materials storage, electrical lines, GAS LINE OR sanitary sewer system failures, etc. under the declaration, by acceptance of a deed or lease, Owners and tenants, as well as persons on the property at their invitation or with their permission, ARE DEEMED TO HAVE RELEASED the association and its officers and directors from such liability, to the extent authorized by law. THE FOREGOING DOES NOT RELEASE AN OFFICER OR DIRECTOR FROM LIABILITY FOR ACTS OR OMISSIONS WHICH ARE (1) A BREACH OF THE OFFICER’S OR DIRECTOR’S DUTY OF LOYALTY AND FIDUCIARY DUTY TO THE ASSOCIATION OR ITS MEMBERS, (2) ACTS OR OMISSIONS NOT IN GOOD FAITH OR INVOLVING INTENTIONAL MISCONDUCT OR A KNOWING VIOLATION OF LAW, (3) A TRANSACTION FROM WHICH AN OFFICER OR DIRECTOR RECEIVES AN IMPROPER BENEFIT, WHETHER OR NOT THE BENEFIT RESULTED FROM AN ACTION TAKEN WITHIN THE SCOPE OF THE DIRECTOR’S OFFICE, OR (4) AN ACT OR OMISSION FOR WHICH THE LIABILITY OF THE DIRECTOR IS EXPRESSLY PROVIDED BY STATUTE.