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Security Measures Policy (2024)

· recorded Feb 27, 2024

Security cameras, fencing, and related approvals.

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Transcribed for readability and search. Page markers refer to the recorded PDF. If this text and the recorded instrument differ, the recorded instrument controls.

Lewisville Water's Edge II Condominium Owner's Association, Inc. — Security Measures Policy

Faithful transcription of a 3-page scanned policy. Original spelling, capitalization and punctuation are preserved, including apparent typos. Editorial notes appear in [square brackets]. Each page carries the footer "LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCAITON, INC" [sic] and a page number.


[Page 1]

LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCIATION, INC.

Security Measures Policy

WHEREAS, the Board of Directors (the "Board") of Lewisville Water's Edge II Condominium Owner's Association, Inc. (the "Association") wishes to adopt reasonable guidelines to establish a Security Measures Policy for the Association; and

WHEREAS, the Board wishes to adopt these reasonable guidelines in compliance with Section 202.023 of the Texas Property Code ("Section 202.023") regarding Owner rights to building or installing certain security measures on such Owner's Lot ("Security Measures"); and

WHEREAS, the Board intends to file these guidelines in the real property records of each county in which the subdivision is located, in compliance with Section 202.006 of the Texas Property Code; and

WHEREAS, this policy may be amended at any time and from time to time by the Board of Directors as a stand-alone policy to comport with industry standards, to amend or revise provisions of the policy as may be deemed necessary and in the best interest of the Association; and

NOW, THEREFORE, IT IS RESOLVED that as of the 27th day of February 2024, the following guidelines are established by the Board:

An Owner may build or install on such Owner's Lot, after receiving prior written consent of the Architectural Review Committee, certain camera, video, or fencing for Security Measures provided that such Security Measures:

  1. Do not require placement or installation of a security camera by an Owner on any property other than the Lot owned by such Owner. Cameras and video equipment may not be installed to capture film or video of a neighboring Lot or into a neighboring window of a residence; and

  2. Any security fencing installed by an Owner on its Lot must obtain prior written consent from the Architectural Control Committee prior to installation and must comply with the Design Guidelines and/or Rules and Restrictions then adopted by the Architectural Reviewer or Architectural Control Committee of the Association and otherwise comply with the requirements and restrictions set forth in the Declaration.

  3. The front yard area with respect to a residential Lot shall mean the area between the front façade of the residence on such Lot and the public street or right-of-way in front of such Lot. No Owner shall ever fence in or over a sidewalk, walking path, pedestrian, or other right-of-way. Violation of this rule will result in the Owner being reported to local code enforcement, a written notice of violation issued and the highest monetary fine the Association is able to levy shall result for a breach of this rule.

— 1 — LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCAITON, INC


[Page 2]

  1. Any security fencing installed on an Owner's Lot as a security measure under Section 202.023 of the Texas Property Code as amended shall abide as follows:

    I. Shall be no higher than six (6) feet; and

    II. To the extent that located within the front yard area of an Owner's Lot, must be open and constructed of ornamental metal or wrought iron materials that allow the front façade of the residence to remain visible from the street through such fencing and be of a design approved by the Architectural Review Committee (the "ARC"). Fencing may not include screening of any kind, including live screening. A violation of this rule shall result in the maximum monetary fine(s) allowed and a request for removal of the screening and/or fence; and

    III. No chain link, razor wire, electrified or barbed wire or other fencing not approved in writing by the ARC shall be allowed; and

    IV. Such fencing shall otherwise follow all governmental requirements, including permit requirements. The ARC has the right to require Owner to provide a copy of the City's permit prior to reviewing and/or rendering a decision and

The Board of Directors shall have the authority to amend this Policy without consent or joinder of the Members to meet requirements of the Texas Property Code or any State Legislative Measures set forth. No rescission of this Policy shall be allowed so long as provisions for security cameras and fencing remains actively enforceable through the Texas Property Code and/or by State Legislative Policy.

The Board may amend this policy to supplement and add new language or to amend existing language as necessary to ensure compliance with all local and state ordinances, laws, and rules or to clarify any ambiguity, should such occur regarding what is allowed or will be disallowed. In the event of a conflict or should any ambiguity as to the meaning and intent of any portion of this Policy occur, be it known to all Members that any portion of this Policy coming into question as to meaning or intent, SHALL BE DECIDED IN FAVOR OF THE ASSOCIATION, ITS BOARD OF DIRECTORS, AND THE ARC.

[Signature Page to Follow]

— 2 — LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCAITON, INC


[Page 3 — Signature page]

IT IS FURTHER RESOLVED, this adopted policy is executed to be effective as of the date herein noted above and that this Policy supersedes in all respects any prior policy and resolution with respect to the Security Measures Policy filed by the Association or its predecessor-in-interest and shall remain in full force and effect until revoked, modified or amended.

IN WITNESS WHEREOF, the undersigned, being the Board President of the Association has executed this Notice as of the 27th day of February 2024.

LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCIATION, INC., a Texas non-profit corporation

Name: [signature] Title: Mehrdad Moayedi, Board President

The undersigned, being the duly appointed and authorized Secretary of Lewisville Water's Edge II Condominium Owner's Association, Inc., (the "Association"), a Texas nonprofit corporation, do hereby certify that this Security Measure Policy was adopted by at least the majority of the board on the 27th day of February 2024, and are in full force and effect.

Name: [signature] Title: Ronald Corcoran, Board Secretary

— 3 — LEWISVILLE WATER'S EDGE II CONDOMINIUM OWNER'S ASSOCAITON, INC

[Editorial notes: (1) The scanned copy bears no county-clerk recording stamp, instrument number or notarial acknowledgment, although the recitals state an intent to record under Prop. Code §202.006. (2) The policy uses three different committee names — "Architectural Review Committee"/"ARC", "Architectural Control Committee", and "Architectural Reviewer". (3) The policy contains no express disclaimer of Association liability for security or crime; its only one-sided interpretive clause is the "decided in favor of the Association" sentence on page 2.]


End of document.

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