HARBOR POINT
VIOLATION, ENFORCEMENT and PENALTY SUMMARY
The following summary is provided as a quick reference to Section 209.006 and 209.0061 ofthe Texas Property Code and the Harbor Point Board of Directors Resolution on Enforcement Action.
1. Types of Violations:
A. Non-Curable: A non-curable violation is a violation which has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. Examples are:
1) Shooting Fireworks;
2) Dogs running loose;
3) An act constiuting a threat to health or safety;
4) A noise violation that is not ongoing;
5) Holding a garage sale open to the GeneralPublic;
6) Operation of golf carts/UTV’s by underage minors;
7) HP unregistered golf carts/UTV’s.
The non-repetition of a one-time violation or other violation that is not on going is not considered an adequate remedy under the Texas Property Code.
B. Curable: A curable violation is a violation which is ongoing and may beremedied by affirmative action of the property owner. Examples are:
1) Construction of a permanent property improvement without a permit;
2) Failure to maintain property improvements;
3) On-going noiseviolation;
4) Property rental.
2. Association Policy – Fines
A. Non-Curable fines:
1) Property Damage: Actual Cost of Repairs
2) Improper Trash Disposal: $250.00
3) All Other violations: $100.00
4) Malicious property Damage to amenities may also result in suspension of the use of such amenity.
B. Curable fines:
1) General Deed Violations: $100.00 per month until resolved;
2) Violation of Non-Rental Clause: $250.00 per month untilresolved.
Section 209.006 and 0061 of the Texas Property Code and the Harbor Point Board Resolution on Enforcement Action provides detailed information on how the Association must notify owners of any violation and pending action or enforcement. Property owners right of appeal or requests for hearings before the Board of Directors are both explained in detail in these documents.