Tall Tree Property Owners Association
60 Cypress Creek Drive • Mount Vernon, TX 75457 •  (903) 860-2694



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About Tall Tree POA
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Articles of Incorporation
Restated Restrictions and Covenants

Restated By-Laws 

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5.01   Each Owner, by acceptance of a deed, assignment or lease on a lot or lots in the Development, from either the Association or any subsequent or previous Owner, lessee or sub-lessee, shall be deemed to covenant and agree to pay assessments or charges for the purposes set out herein, with such assessments to be fixed, established and collected as provided herein or as the Board may from time to time deem best.  The assessments, together with any interest thereon and any cost of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made.  Each assessment, together with any interest thereon, costs of collection thereof and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of the property at the time the assessment fell due.



5.02   The Association will operate the Development and maintain the common areas within the Development and will pay all expenses and salaries incurred in such operation and maintenance.  In addition the Association shall reasonably maintain all roads in the Development.  The Association reserves the right to assess operation, maintenance, road construction and repair costs against all Owners on a proportionate charge based on the number and size of the lots within the Development. The Board may increase or decrease the road, operation and maintenance assessment as determined by the needs of the Tall Tree Development and shall send written notice of changes to every Owner.



5.03   Assessment shall begin with the first day of the month following execution of a Deed, Assignment or other instrument conveying rights to a lot.  The amount of the assessment will be set by the Board.



5.04   The Association acknowledges that variances exist because of prior uses and representations regarding the sales of lots within the Development.  The Board may appoint a Variance Committee to equitably and fairly assess fees to multiple lot Owners.



5.05   The assessments provided for herein shall become automatically due and payable on the first (1st) day of each month after the commencement date, unless the Board elects to bill assessments quarterly or a longer period.



5.06   The Board shall cause to be maintained a roster of the lots and assessments applicable thereto, which shall be open to inspection by any Owner.



5.07   The Board shall cause to be prepared and presented to the Association at its annual meeting a statement of receipts of assessment funds and application of those funds, used for the maintenance and operation of Tall Tree Development, for the previous fiscal year.



5.08   If the assessments are not paid by the date due then the assessments are delinquent and shall bear interest at the rate of eighteen percent (18%) per year or at the highest lawful rate whichever is higher, and together with the interest thereon and cost of collection thereof shall become a continuing lien on the property which shall bind such property in the hands of the then Owner and his heirs, devisees, personal representatives and assigns.



5.09   If delinquent assessments are not paid within then (10) days the Association may bring an action at law against the Owner personally obligated to pay or to foreclose the lien against the property, and there shall be added to the amount of the assessment and interest the cost of preparing and filing the complaint in such action, and in the event a judgment is obtained a reasonable attorney’s fee to be fixed by the court, together with costs of the action.  No Owner may waive or otherwise escape liability for the assessments by non-usage of the facilities or abandonment of his property.



5.10   The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessments, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure.  Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment.