Chapter 1 - General

Section 1.1   This Code of Rules and Regulations applies to the Oak Parke Homeowners' Association and is authorized by the authority granted the board of directors in the Articles of Incorporation, the Association By-Laws, and the Declaration of Covenants, Conditions, and Restrictions.

 Chapter 2 - Definitions

"Amenity Center" means the property owned by the Oak Parke Homeowners' Association and which is located on Wolftrap Drive between Sawmill Drive and Aspen Creek Parkway in Austin, Texas.

"Board" means the board of directors of the Association, as described in the Articles of Incorporation and the By-Laws.

"Association" means the Oak Parke Homeowners' Association.

 Chapter 3 - Notices

Section 3.1   Notwithstanding the requirements for notices of annual meetings, the board resolves to maintain a bulletin board at the mailboxes at the amenity center for the purpose of posting notices of general interest to the members.

Section 3.2   The board resolves to maintain an email distribution list of members and a telephone number list of members.

Section 3.3   The board resolves to actively maintain an Internet web site to provide members information about the Association at any time of day or night. The board intends for the web site to include the Articles of Incorporation, the By-Laws, the Deed Restrictions, and the Code of Rules and Regulations. The board or its designated management company may post other information it deems relevant to the Association on the Internet web site.

 Chapter 4 - Board Meetings

Section 4.1   This chapter is authorized under Article VI of the By-Laws.

Section 4.2   The board resolves to meet every other month. The next meeting should be posted on the front page of our web site.

Section 4.3   The board resolves that, barring unforeseen circumstances, it will meet on the third Tuesday of each month at a time chosen by the board members (usually around 7 PM).

Section 4.4   The board resolves to provide the agenda of its next board meeting to any member requesting it. The board may occasionally send the agenda to the membership via email as it deems necessary.

 Chapter 5 - Association Assessments

Section 5.1   This chapter is authorized under section 8.2(c) and Article XII of the By-Laws.

Section 5.2    Each member is required to pay the association a regular monthly assessment of $40.00, due on the 1st of the month, and overdue after the 15th of the month.

Section 5.3   On the sixteenth day of the month, a $15.00 handling and processing fee is accrued if the member has not paid the most recent assessment. Each previous regular monthly assessment that is left unpaid will also accrue an additional $15.00 overdue handling and processing fee, in addition to overdue fees already accrued for that unpaid regular assessment.

Section 5.4   The board may exercise its option to file a lien on any property. The board resolves to place liens on properties where the outstanding regular assessments exceed $120, excluding overdue handling and processing fees.

 Chapter 6 - Amenity Center

Section 6.1   This chapter is authorized under Section 8.1(a) of the By-Laws.

Section 6.2   The Amenity Center is the property owned by the Association on Wolftrap Drive, between Sawmill Drive and Aspen Creek Parkway.

Section 6.3   With the exception of use of the mailboxes, curfew at the Amenity Center is from 10:30p.m. until 5:00a.m.

Section 6.4   The Association may prosecute trespassers at the Amenity Center. Persons deemed as trespassers are those persons who are not members and their immediate family, guests who are with them, or any person violating the curfew defined in Section 6.3.

Section 6.5   No person may leave their home or business trash in any place at the Amenity Center. Any member or resident who leaves trash at the Amenity Center will be held responsible by the Association for the cost of removal and cleanup, including the cost of an emptying of the dumpster, for each incident. No member may allow an animal to defecate in any place at the Amenity Center.

Section 6.6   The Association may maintain a bulletin board at the Amenity Center for general use. Notices posted on it may not be of a size that exceeds three inches by five inches in either dimension. Each notice should be dated with the date of posting. Association members may leave their notices on the bulletin board up to two months. Nonmembers may post notices up to two weeks.

Section 6.7   Parking at the Amenity Center is for members, their immediate family, and those guests who are with them, for their passenger vehicles only. Additionally, the board may permit service vehicles to park at the Amenity Center while on official Oak Parke Homeowners Association business. All other vehicles are subject to towing away. Any member who must leave his/her vehicle at the Amenity Center while the member is away from the Amenity Center risks having the vehicle towed at his/her expense.

Section 6.8   Any use of the Amenity Center facilities, apart from the mailboxes, shall be forbidden to members who are found to be in violation of Deed Restrictions or are overdue on monthly or special assessments.

Section 6.9   Subject to the limitations of Section 6.7, Association members may have parties at the Amenity Parties are limited to duration of four hours with a maximum number of concurrent guests being forty (40), with one-fourth or more of the guests being age twenty-one (21) or more. The Association member must fully clean up afterwards. Use of picnic tables or any other facility is on a first-come first served basis.

Section 6.10   Unauthorized motor vehicles are prohibited on unpaved community areas including but not limited to the retention ponds and the park areas.

 Chapter 7 - Swimming Facility Use

Section 7.1   This chapter is authorized under Section 8.1(a) of the By-Laws.

Section 7.2   "Swimming Facility" means the main swimming pool basin, the kiddie pool, the fenced area around the pool, and the adjacent pool house, excluding the restrooms which have an entrance on the east end of the pool house building.

Section 7.3   "Pool," unless specifically qualified with the word "kiddie" means both the main swimming pool basin and the kiddie pool.

Section 7.4   "Kiddie pool" means the separate, small, shallow pool to the east of the large swimming pool.

Section 7.5   "Key tag" means the portable electronic device that permits selective entry into the swimming facility.

Section 7.6   "Swimming season" means the months of March through December.

Section 7.7   The swimming facility is for the use of Oak Parke homeowners and their invited guests whom they accompany. A member may have up to four accompanied guests at the swimming facility at a time. Electronic key tags will be assigned to specific owners. A member whose key tag was used to gain access to the swimming facility by a person or guest who violates any of the rules in this chapter will have their swimming facility privileges suspended up to a maximum of sixty days.

Section 7.8   Any member or guest allowing his or her swimming facility key tag or ID to be used by non-members (with the exception of their invited guests as outlined in the Guest Policy) will lose all swimming facility privileges for up to a maximum of sixty days.

Section 7.9   Nonresident members may delegate their swimming facility privileges to their renters via a letter to the management company. Both the homeowner and the renter are 100% responsible for rule violations.

Section 7.10   Members who sell their Oak Parke property must turn in their pool key tag. Swimming facility privileges cease when ownership ceases.

Section 7.11   A member who loses his/her key tag should report the loss to the management company so that unauthorized use of the key tag may be prevented.

Section 7.12   Association members finding that trespassers are using the swimming facility should notify the management company immediately.

Section 7.13   The board of the Association may revoke swimming facility privileges to any member with past due homeowner's dues or unresolved deed restriction violations until dues are current and violations are resolved. The board at its discretion may continue the suspension of swimming facility privileges an additional sixty days.

Section 7.14   Use of the swimming facility is done at the risk of the member or guest, not at the risk of the Association. Members agree not to hold the Association liable for any losses due to use of the swimming facility.

Section 7.15   At all times when there is no lifeguard on duty, any individual using the swimming facility who is not 14 years of age or accompanied by an adult, will lose all privileges, key tag, and fees for remainder of the swimming season. An adult is defined as an individual eighteen (18) years or older. This provision will apply to the family of the member whose key tag was used to gain entry to the swimming facility.

Section 7.16   When a lifeguard is on duty, he/she has full authority over all safety, behavior, and admittance issues. Lifeguards should be respected by all patrons, and their decisions should be regarded as final.

Section 7.17   One day per week the swimming facility may be closed for several hours in order to perform chemical treatment on the pool.

Section 7.18   In the event the pool is closed for contamination, no one may swim in the pool until is determined safe by the management company, the board, or the contract swimming pool service technician.

Section 7.19   Adult members of the Association are responsible for communicating the rules to all members of their family and all guests they or their family members sponsor. Rule violations by one member of a family or their guests will be considered as a rule violation by the whole family.

Section 7.20   The gate must be closed after entry. No one may prop the gate open. No one using a key tag may allow other persons through the gate except their guests for whom they assume responsibility. Lifeguards will be instructed not to open the gate for patrons that don't have their key fob with them. Violation of this provision is subject to suspension of swimming facility privileges for a period not to exceed four months of swimming season.

Section 7.21   Use of the swimming facility is restricted to swimming season, as defined elsewhere in this chapter. Swimming facility hours are from 5:00 a.m. until 9:45 p.m. The gate will automatically lock at 10:00 p.m. and will unlock at 5:00 am. Anyone present inside the fenced area of the amenity center after 10:00 p.m. and before 5:00 a.m. is subject to suspension of swimming facility privileges for a period up to sixty days.

Section 7.22   Proper swim attire is required (no cut-offs, thongs, etc.) for entering the water. Children who are not toilet trained must wear plastic pants alone, or over a diaper to enter the water. No thongs or nudity is allowed on any Oak Parke facility. Violation of this provision is subject to suspension of swimming facility privileges for a period up to sixty days.

Section 7.23   Persons with open sores, wounds, bandages or communicable diseases will not be allowed in the pool.

Section 7.24   Conduct deemed to be dangerous, unreasonable, or offensive (including horseplay or the use of profanity) is not allowed and should be reported to the management company.

Section 7.25   In the event of a thunderstorm, swimmers must get out of the pool for the duration of the storm and for at least thirty (30) minutes after lightning and/or thunder has ceased. Patrons are welcome to stay in the swimming facility area during this time, but are cautioned to stay a safe distance from the water.

Section 7.26   Running and speed walking within the swimming facility is prohibited.

Section 7.27   Pets, bicycles, skateboards, roller blades, or motorized cycles are not allowed within the swimming facility fences, with the exception of aid animals for handicapped individuals.

Section 7.28   Diving is not permitted. The pool is not deep enough for safe diving.

Section 7.29   Only certified lifeguards serving officially on behalf of the Association are allowed on the lifeguard stand (if and when on duty).

Section 7.30   No glass containers of any type are allowed in the swimming facility.

Section 7.31   No eating in the swimming facility, except under the breezeway of the pool house.

Section 7.32   Chewing gum, tobacco products and alcoholic beverages are not allowed within the swimming facility. Violation of this provision is subject to suspension of swimming facility privileges for a period up to sixty days.

Section 7.33   Music, voices, and noise are to be kept to a level such that it can only be heard by persons within 15 feet. Violation of this provision is subject to suspension of swimming facility privileges for a period up to sixty days.

Section 7.34   Swimmers are encouraged to shower before entering the pool.

Section 7.35   Air-inflated equipment may be used provided the craft is a maximum of a two-person carrier and only when there are no more than eight (8) people in the water.

Section 7.36   Children who are unable to swim must be supervised by an adult at all times.

Section 7.37   The kiddie pool is reserved for children age five (5) and under and their accompanying adult. Close adult supervision is required for children in the kiddie pool. Children who wear diapers must wear watertight pants snugly around their diaper to enter the water.

Section 7.38   Patrons must clean their trash and debris from before leaving.

Section 7.39   Swimming facility rule violators will not be tolerated. On any violation, swimming facility privileges will be suspended immediately pending a hearing before the board.

Section 7.40   Any member or guest committing acts of vandalism against any Association property will lose all swimming facility privileges for the season and be held responsible for cleaning and repair of damaged items.

Section 7.41   Residents who witness violations, whether during swimming season or off-season, are expected to contact the management company.

Section 7.42   If a key fob is lost, there will be a replacement fee of $20. The board may conduct key tag sales at the Amenity Center each Spring. Members may purchase key tags or replacements from the Association's management company or by emailing keyfob AT ophoa DOT org. Key fobs shall be good for as many seasons as technically feasible with the installed equipment.

Section 7.43   Swimming lessons using a paid instructor may be provided at the swimming facility by an instructor who is at least 18 years old and either holds a current American Red Cross Water Safety Instructor certification or a current YMCA Aquatic Safety Assistant certification. The instructor must have evidence of carrying current personal liability insurance which covers swimming lesson activities. At least half of the available places in the class must be filled by Association members or their family members. Member-to-guest ratios described in this chapter apply to swimming instructors and students.

Persons who wish to provide swimming lessons must apply to the board for approval, showing schedule, publicity plan, costs and the certifications of the instructor. The instructor must agree to hold harmless the Association and to abide by all rules in this chapter. Provision of swimming lessons without board approval is a violation. Provision of access to the swimming facility by a paid instructor by any member without board approval or providing access to a nonmember instructor without board approval will result in suspension of permission to provide swimming lessons to any person providing access to the swimming facility to the instructor.

Section 7.44   Each member may take a one-time exemption per season to the above stated guest policy to hold a private party (e.g. children's birthday parties) in the swimming facility, if prearranged in writing and approved with the management company. All pool parties must have two lifeguards present. If a party is not during lifeguard hours or days, the homeowner must pay $60 for them. The rate is $15/hour. Two lifeguards are needed per event. Payment is made directly to the management company. During a private party, access to the swimming facility will continue to be open to other members.

There shall be no more than fifteen (15) guests per party and parties must be limited to no longer than two hours. In the event of a children's function, there must be a ratio of one supervising adults to no more than three children for children through age three (3), and a one to five supervising adult to child ratio for children older than three but less twelve (12). In all events, one adult, age eighteen (18) or older must be present at all times.

Private parties must be scheduled at least one (1) week in advance with the management company. Private parties will be scheduled on a first come, first served basis. Parties will be posted at the gate (by the HOA). The sponsoring member must keep a copy of the "approved" Pool Party Application with them at all times during the party and present it to anyone who asks to see it. Immediately following the party, the sponsoring member is required to examine the area and make certain all furniture and equipment are returned to neat order and all trash is properly disposed of. The sponsoring member will be responsible for any damages caused by the party patrons which occur during the party. The sponsoring member may be sued by the HOA for any damages caused by the party's guests.

 Chapter 8 - Delegation

Section 8.1   The board may create and appoint committees to advise and assist the board in matters affecting the Association. Authority to enter into contracts or any form of commitment is retained solely by the board.

Section 8.2   The board shall appoint members to be the Architectural Control Committee in order to enforce the provisions of Article V of the Declaration of Covenants, Conditions, and Restrictions for Oak Parke. One member of the board will act as the liaison to the ACC. In the event that the board cannot get enough members to volunteer for the ACC, the Board will become the acting ACC.

 Chapter 9 - Due Process

Section 9.1   When the board or its designated management company determines that a member is in violation of any duly adopted rule or assessment of the association, and the board has notified the member by first-class mail, the member shall be entitled to a hearing to contest the penalty that the board has determined. The member must notify the board within 10 days of receipt of the notice of his/her desire to have a hearing. Otherwise, the board may deem, at its sole discretion, that the member has waived his/her opportunity for a hearing.

The board must schedule the hearing to be held at the next regularly scheduled board meeting, unless the notice is received in the last five days prior to the meeting. The hearing should be brief, but the parties should produce relevant evidence as to the violation or any mitigating circumstances.

Any such hearing must be within Travis County, Texas.

 Chapter 10 - Privacy

Section 10.1   The board may release any information about a violation that has been uncontested after the designated period in Chapter 9 or if the board has conducted a requested hearing and upheld the violation. The board or its agents may selectively release certain information to Association volunteers, such as committee chairs and members, so that they may perform their volunteer duties, so long as the volunteer is notified in writing of the requirement not to further disseminate such information.

Section 10.2   The board shall hold confidential telephone numbers and email addresses of members unless the member has given the Association permission to release them. The board shall hold confidential any information regarding information that has not been heard in a hearing before the board, unless hearing has been waived.

Section 10.3   The Association may use video surveillance equipment to monitor its common property for purposes of deterring vandalism, identifying vandals, deterring rule violations, and identifying rule violators. The board shall take reasonable measures to prevent abuse of the recordings. The board may review the recordings and provide them to law enforcement officials. Any planned review of the recordings shall occur only after notification of all board members has taken place, and such notification shall include the reason for the review.

Section 10.4   The Association may not use surveillance equipment in any restroom or dressing room.

Section 10.5   Any information that is generally available through means not controlled by the Association or board, or that constitutes an official public record of state, federal, or local government, is exempted from the confidentiality requirements of this chapter. Such exemptions may include, but are not limited to, criminal records, zoning violation records, property ownership and valuation records, and traffic records.

 Chapter 11 - Open Records

Section 11.1   This chapter is written in order to support Article XIII of the By-Laws.

Section 11.2   Members of the Association may make a written request to the board for copies or to view records of the Association. Requests must be specific enough for the board or management company to identify what records are being requested.

Section 11.3   The board or management company must respond to the member within 10 days of receipt of the request. The response may consist of one or more of the following

1. An estimate of the cost of copies.
2. The actual copies, if their cost is minimal.

Section 11.4   Copies of records will be priced at the same price that the Association normally pays for copies, either to its management company, or an area business which routinely provides copy services.

Section 11.5   All responses by the board or management company must not violate the provisions stated in Chapter 10, Privacy, as such information is exempt from this Open Records chapter.

Section 11.6   The board may allow its management company or other contractors access to Association records as the board deems necessary for the contractor to fulfill its job. The board will require the management company or any other of its contractors who may have access to Association records to uphold the provisions of this chapter.