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            WHEREAS, this Resolution Establishing Rules Regulating Parking in the Alleys and on Private Streets is applicable to the operation and utilization of property within the Lakeville subdivision being more particularly described as follows:

 

Lakeville, Section One (l), a subdivision in Harris County, Texas according to the map  or plat thereof recorded under Clerk's File No. W342426 of the Map Records of Harris County, Texas;

 

Lakeville, Section Two (2), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Clerk's File No. W839554 of the Map Records of Harris County, Texas; as amended by Lakeville, Section Two (2), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Clerk's File No. X127301 of the Map Records of Harris County, Texas;
 
Lakeville, Section Three (3), a subdivision in Harris County, Texas according to the map
or plat thereof recorded under Clerk's File No. X127305 of the Map Records of Harris County, Texas;

 

Lakeville, Section Four (4), a subdivision in Harris County, Texas according to the map
or plat thereof recorded under Clerk's File No. X465083 of the Map Records of Harris County, Texas;

 

Lakeville, Section Five (5), a subdivision in Harris County, Texas according to the map
or plat thereof recorded under Clerk's File No. X919869 of the Map Records of Harris County, Texas;

 

Lakeville, Section Six (6), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Clerk's File No. Y610702 of the Map Records of Harris County, Texas;

 

Lakeville, Section Seven (7), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Clerk's File No. Y642488 of the Map Records of Harris County, Texas; and further amended by Lakeville, Section Seven (7), a subdivision in Harris County, Texas according to the map or plat thereof recorded under Clerk's File No. 2172730 of the Map Records of Harris County, Texas; all of the above sections constituting the "Subdivision;" and

 

           WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Lakeville Community Association, Inc. (the "Association"), a Texas Non-Profit Corporation, is filed with the Real Property Records of Harris County, Texas, under Clerk's File No. W57983, along with any supplements or amendments thereto (collectively refened.to as the "Declaration'); and

 

            WHEREAS, Article I, Section I, of the Declaration provides that all property owned by the Association, including the Private Vehicular Pathways constitute Common Area; and

 

             WHEREAS, Article II, Section 2.1(D) of the Declaration provides that no vehicles may be parked on any Private Vehicular Pathway (alley or private street) for any length of time for any purpose, except a service vehicle, limited to the time the service is being rendered. Such article also authorizes the Association to tow violating vehicles in the manner provided by the Texas Transportation Code; and

 

             WHEREAS, Article II, Section 2.6(F) of the Declaration provides that the Board may create Rules and Regulations governing the use of the Common Area; and

 

             WHEREAS, Article IX, Section 9.6 of the Declaration provides that, if an opportunity to a hearing before the Board is given, the Board may impose fines for violations of the Declaration and Rules and Regulations, and that any such fines or other costs, including attorney's fee associated with enforcement of the Declaration or the Rules or Regulations constitute a lien on the property of the violating owner;

 

            NOW THEREFORE, as evidenced by the certification of enactment below, the following Rules regulating parking are hereby established, adopted and imposed on all of the property within the Subdivision, as follows:

 

1.    Violation: No vehicle of any kind may be parked on any common area within the Subdivision, including Private Vehicular Pathways and any areas designated as an alley or private sheet on any of the plats referenced above, subject to the limited exceptions provided in paragraph two immediately below. In addition, no other object, including trailers or boats may be parked, stored or placed on any common area within the Subdivision, including Private Vehicular Pathways and any areas designated as an alley or private sheet on any of the plats referenced above.

 

2.    Exceptions: The only exceptions to the parking prohibition contained herein are: i) that a service vehicle may be parked in an alley or on a private street as necessary to provide such service and only during the time such service is being rendered; ii) a resident loading or unloading a vehicle; and iii) "passenger vehicle" (as defined in Art. 2.1(D) of the Declaration) parking immediately adjacent to Restricted Reserve A in Section Four (park with playground) during daylight hours.

 

3.    Notice: The Association will contract with an appropriate wrecker service to install signs that are in compliance with the Texas Occupation Code regulations regarding the towing of vehicles and provide the requisite notice of the areas in which a vehicle may be subject to towing. In the event any vehicle or object is in violation of the Declaration or these Rules, the Association and or the contracted wrecker service may initiate the towing of the violating vehicle.

 

4.    Towing: Any vehicle that is parked on any street within the Association in violation of the parking restrictions as designated by the signs within the subdivision the Association shall authorize a bonded and licensed Houston-based towing company to relocate the offending vehicle to a secure holding yard. The Association Member is liable for all damages, penalties, fines and costs associated with relocating and releasing the towed vehicle. The Association may also post signs within common areas with respect to towing as set forth in the Texas Occupation Code, whereupon a violating vehicle may be towed pursuant to the Occupation Code without any further notice.

 

5.    Driveway Parking: An resident may park a Passenger Vehicle on the driveway of their residence parallel to the garage door, if and only if, such vehicle can be parked in such manner without extending over any unpaved area or over any common area.
 
6.    Lien: Attorney’s fees and costs incurred by the Association as a result of a violation of the Declaration or these Rules will be charged to an owner's account and will be secured by the lien against the Violating Owner's property as provided in Article 9.6 of the Declaration. Such amounts shall be collected in the same manner as delinquent assessments pursuant to the Declaration

 

7.    Terms: Terms used herein that are defined in the Declaration shall have the same meaning herein as used in the Declaration.

 

8.    Resolution Prevails: In the event that any already established Rule or Regulation of the Association conflicts with the provisions of this Resolution this Resolution will prevail.

 

“The undersigned hereby certifies that this Resolution, being a Rule and Regulation  of the Association, was properly adopted by a majority of the Board of Directors."

 

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