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This restrictive and possibly unconstitutional covenant passed by an unelected, non-resident developer HOA board of directors (CAI affiliate--Sienna Plantation Residents Association, Inc., our HOA attorney is Marc Markel--see directory on his CAI role) in May of 2005 in order to stop a petition drive over unpopular land use initiative by this same development group (did I hear someone say "conflict of interest"--how can they pretend to be representing our interest and home values while hurting them with some of their land use projects???). If you read the covenant you get a good idea as to who decides what "propaganda" is (again the same corporate people running the HOA. This same company is now involved in a SLAPP-suit against some of her residents over this same petitioning activity.
SIENNA PLANTATION RESIDENTIAL ASSOCIATION, INC. RULES AND REGULATIONS REGARDING DISSEMINATION OF INFORMATION IN AREAS OF COMMON RESPONSIBILITY
Adopted: ____________________
The following Rules and Regulations Regarding Dissemination of Information in Areas of Common Responsibility (the "Rules") are promulgated by the Board of Directors of the Sienna Plantation Residential Association, Inc. (the "Association"), pursuant to the authority found in the Declaration of Covenants, Conditions and Restrictions for Sienna Plantation Residential Association, Inc., recorded under Clerk's File Number 9734406 in the Official Public Records of Real Property of Fort Bend County, Texas (the "Declaration") and the Articles of Incorporation of the Association, filed with the Texas Secretary of State on the 9 th of June, 1997. Unless otherwise specified herein or if the context clearly indicates otherwise, the words used in these Rules shall have the same meaning as set forth in the Declaration. An Area of Common Responsibility is owned, maintained and/or controlled by the Association. Area of Common Responsibility, as defined in the Declaration, means the "Common Area, together with those areas, if any, which by contract or agreement become the responsibility of the Association. Road rights-of-ways within or adjacent to the Properties may be part of the Area of Common Responsibility." Common Area, as defined in the Declaration, means "any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners and Occupants."
The Association hereby adopts the following Rules:
1. No Owner and/or such Owner's guests, invitees or agents may disseminate, post, or otherwise display or distribute any written information (including, but not limited to banners, handbills, newsletters, flyers, leaflets and the like) of any nature, content or kind, in or on an Area of Common Responsibility.
2. No Owner and/or such Owner's guests, invitees, or agents may engage in any of the following activities in any Area of Common Responsibility: (a) picketing, (b) otherwise spreading propaganda, (c) using sound and/or voice amplifying devices (including, but not limited to microphones, amplifiers, or other similar devices), and/or (d) causing or encouraging persons to assemble for the purpose of spreading propaganda;
provided, however, any such activities listed in this Section 2 shall be permitted so long as such activities are commenced in furtherance of a Community Sanctioned Event, as defined below.
3. A Community Sanctioned Event shall mean an event or activity approved by the Board of Directors and/or General Manager of the Association, which event or activity is (i) a fundraising, charity, pledge, drive or similar event sponsored and/or organized by the Association, the Declarant, other organization approved by the Association, or an organization defined under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, or their successor statutes, or (ii) sponsored and/or organized by the Association for the benefit and/or enjoyment of the Owners and/or the community.
4. The determination of whether an Owner or such Owner's guests, invitees, or agents are in violation of these Rules shall be made by the Board of Directors of the Association and/or the General Manager of the Association, in their sole and absolute discretion.
5. If an Owner or such Owner's guests, invitees, or agents engage in activity prohibited by these Rules, the Association, pursuant to and to the extent of the authority granted in the Declaration may, take one or more of the following actions: (a) suspend the enjoyment rights of such Owner with respect to the Common Areas for any period not to exceed sixty (60) days subject to notice that may be required by applicable law; (b) consider a person who enters upon and is present in an Area of Common Responsibility for a purpose in violation of these Rules a trespasser; (c) impose fines, upon notice and opportunity to cure as may be required by Texas law; and/or (d) remove and/or dispose from the Areas of Common Common Responsibility any items that are placed and/or posted in the Areas of Common Responsibility in violation of these Rules; in doing so the Association or its agents shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such removal and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.
6. "Owner" shall not include the Association, the Declarant, or any of their respective agents, successors, designees, replacements or assigns. SIGNED this the _____ day of ______________, 2005.
[SIGNATURE PAGE FOLLOWS]
Mike Smith - (Current Sienna Plantation HOA President and a developer employee)
Doug Goff - (Former Sienna Plantation HOA President and a developer employee)
Suzy Mahoney - (Public relations employee for the developer)
NOTES: Developer - Johnson Development - (Houston developers - Larry Johnson , Chad Johnson - son)
Posted Aug 18 2006 12:18AM CEST
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