Violations Process
Our Declaration of Covenants, Conditions, and Restrictions (DCCRs) document is intended to establish uniform rules and standards for homes and activities in Turtle Creek Village, to help make it a better, more attractive, safer, and more livable community. While there are many rules and restrictions, these are intended to benefit owners and make our neighborhood and community better. See Governing Documents.
 
The Association is empowered to enforce any violations of the covenants, conditions, and restrictions set forth in our Governing Documents. In the enforcement of violations, the Association follows all federal and state laws, our Governing Documents, and our Fine and Enforcement Policy (attachment 7 of the Turtle Creek Village PUD Community Manual).
 
The management company performs drive-through inspections twice per month. The inspector does not exit their vehicle when doing inspections. If you see snoopy people that are not in a vehicle, it is not the management company, so you should report to the proper contacts (i.e., non-emergency police, the owner, etc) as needed.

Violation Process

Subject to corrections and updates. 

The following process outline clarifies the fine enforcement process for violations.
 
 
Step 1: (Day 0)
Suspected violation is reported by drive-through inspection or by resident via telephone, email, or online
 
Step 2: (Day 0-5, email and letter)
Courtesy Reminder letter is emailed to the address on file for the homeowner, specifying a deadline for correction. 
  • If reported by resident with photos to the management company, the letter is emailed upon violation confirmation via the photo(s).
  • If reported by phone to the management company, the violation is reviewed on the next scheduled drive-through inspection. If confirmed during the inspection, the letter is emailed.
  • If recoded during the drive-through inspection, the violation is confirmed by the inspector, and the letter is emailed. 
Step 3: (Day 5-20, email, First Class letter)
Violation is reviewed at the next scheduled drive-through inspection.
  • If corrected, the violation is marked as “Fixed” on the resident’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period proceed to the next step of the process).
  • If not corrected, the violation is marked as “Not Fixed” and proceeds to the next step of the process.
Step 4: (Day 20-50, email, First Class letter, 30 day 209 Certified letter)
A Pre-Fine letter is both emailed and mailed (certified) to the address on file for the homeowner, specifying a deadline for correction and the amount of the fine at the next step.
 
Violation is reviewed at the next drive-through inspection.
  • If corrected, the violation is marked as “Fixed” on the resident’s account, but remains active until there is 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period proceed to the next step of the process).
  • If not corrected, the violation is marked as “Not Fixed” and proceeds to the next step of the process.
Step 5: (Day 50-60, Emil, First Class letter, Certified letter)
A Fine letter is both emailed and mailed (certified) to the address on file for the homeowner, specifying a deadline for correction, the amount of the fine, and the amount of the additional fine at the next step (fine amounts are added to the homeowners account and can be viewed on the Smartwebs Resident Portal).
 
Violation is reviewed at the next drive-through inspection.
  • If corrected, the violation is marked as “Fixed” on the resident’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period proceed to the next step of the process).
  • If not corrected, the violation marked as “Not Fixed” and proceeds to the next step of the process.
Step 6: (Day 60-70, email, First Class letter, Certified letter)
Violation continues to be reviewed at following drive-through inspections. Fine letters continue to be emailed and mailed (certified) at each inspection in which the violation is not corrected (with progressive fine amounts at each occurrence).
 
Step 7: (Legal, Emil, First Class letter, Certified letter)
A Final Notice letter is emailed and mailed (certified) to the address on file for the homeowner, specifying a deadline for correction, the amount of the fine, and that the next step is Board review and possible referral to collections with a fine determined by by the Board.
 
Violation is reviewed at following drive-through inspections.
  • If corrected before or with the Final Notice letter, the violation is marked as “Fixed” on the resident’s account, but remains active until there are 6 months of non-activity for the violation (additional occurrences of the same or similar violation assigned in the same category during this 6-month period are reviewed by the Board for possible referral to collections).
  • If not corrected, the violation is marked as “Not Fixed” and proceeds to the Board for review and possible referral to collections with a fine amount determined by the Board.
Step 8:   
Referral by the Board to the attorney for collection. All attorney and collection fees are added to the resident’s account, along with the total fine amount, and must be collected before the violation can be closed.
 

Note: At any time in this process, the owner has the right to request a meeting with the Board to question or protest the violation. Non-response to communications (letters and email) results in the violation proceeding through the process, while accumulating collection and attorney fees. 

 

Important process notes

Violation letters (after the first Courtesy Reminder) are sent by email and certified mail (as required by Texas property law). When the Post Office puts the notice on a door or in a mailbox, Texas law considers the owner notified. If a Member does not pick up the letter from the Post Office, it does not prevent the violation from escalating. 
 
When a Member receives a violation, it is the Member's right to question or protest the violation and to  request a hearing by the Board. Instructions for the process are printed in the violation letter. 
 
For those who report violations, the violation process is not fast, with drive-through inspections twice per month. We encourage Members to report applicable issues to Code Enforcement, Animal Control, RRPD, etc, as those agencies can act quicker and with more authority than the Association.
 
Yes, if you report it once and continue to see it, you should report it again.  Some issues may recur, or the owner may be "O.K." getting a violation or fine letter.  It is not until the third letter/offense that the Association can impose a fine. If reporting the same or similar issue again, wait at least 2 weeks to give the letter time to be delivered and for the owner to correct the issue. By vague law, we are required to allow a "reasonable time for correction."
 
Note:
Some processes follow a different violation and enforcement procedure. Force mows and dead/damaged street trees are examples. Refer to the adopted resolutions for each in the Board Adopted Resolutions section.
 

How to report a suspected violation

Report a suspected violation to the management company by one of the following methods:
 
Online
 
Suspected violations can be submitted online using the Violation Concern Form. You can also access the form in the Documents section of your Smartwebs resident portal dashboard or on the TCV homepage in the right-side menu. 
 
 
Telephone
 
Suspected violations can be submitted by telephone at 512.255.1671

If reported by phone, the violation is reviewed on the next scheduled drive-through inspection. If confirmed during the inspection, the violation starts the Violation process.
 
 
Email
 
Suspected violations can be submitted by email at admin@ascensionpm.com.
 
 
If the submission is by telephone, by email, or online and does not include photos and location information of the suspected violation, the inspector will review on the next drive-through inspection. 
 
If the submission is by email or online and includes photos of the suspected violation, the management company can review upon receipt of the report, thus eliminating the wait for the next drive-through inspection.
 
If the submission is a valid violation, the management company follows the Fine and Enforcement Policy (section 7 of our Communty Manual).
 
Note:
Drive-through inspections occur twice per month, so the review could be delayed up to 2 weeks. If the report is a valid violation at review, the inspector initiates the Fine and Enforcement Policy.