Adoption of document retention policy
In force recorded instrument; no later repeal found in 217 docs
File: retention.pdf · Recording: 2011-11029544 · Document date: — · Effective: 2011-12-20 · Pages: 7
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Hays County
Liz Q. Gonzalez
County Clerk
San Marcos, Texas 78666
70201111029544
Instrument Number: 2011-11029544
As
Recorded On: December 20, 2011
OPR RECORDINGS
Parties: ELLIOTT RANCH HOMEOWNERS ASSOCIATION INC
Billable Pages: 6
To
Number of Pages: 7
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
OPR RECORDINGS
36.00
Total Recording:
36.00
★*★★★★★★★★★★
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
***********★
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Record and Return To:
Document Number: 2011-11029544
Receipt Number: 291759
GREGORY S CAGLE
Recorded Date/Time: December 20, 2011 01:38:10P
4330 GAINES RANCH LOOP STE 150
Book-Vol/Pg: BK-OPR VL-4245 PG-747
AUSTIN TX 78735
User / Station: S Breland - Cashiering #5
State of Texas
County of Hays
I hereby certify that this instrument was filed for record in my office on the date and
lime stamped hereon and was recorded on the volunc and page of the named records
ofHavsCounty,
Tex85
LizQ.Gonzalez,CountyCLark
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OF THE ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
ADOPTING DOCUMENT RETENTION POLICY
The undersigned, Koma Donworth, as the duly elected, qualified and acting Secretary of
the Elliott Ranch Homeowners Association, Inc., a Texas nonprofit corporation (the
" Association"), hereby certifies on behalf of the Association that the following resolutions were
duly adopted by the Board of Directors of the Association (the "Board") at a meeting of the
Board held on November 28, 2011, and that such preamble and resolutions have not been
amended or rescinded and are in full force and effect on the date hereof.
ADOPTION OF DOCUMENT RETENTION POLICY
WHEREAS, Section 209.005(m) of the Texas Property Code (the "Code") provides that
the Association must adopt and comply with a document retention policy that includes, at a
minimum, the items specified in Section 209.005(m) of the Code; and
WHEREAS, the Board desires to adopt such a document retention policy as required
under Section 209.005(m) of the Code.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts the document
retention policy set forth on Exhibit "A", attached hereto and incorporated herein by reference.
BE IT RESOLVED, FURTHER, that, the Secretary of the Association is hereby authorized
and empowered, in the name and on behalf of the Association, from time to time to do and
perform all such further acts and things and to execute and deliver all such further instruments
as he may deem necessary or advisable to carry out and effectuate the intent and purposes of
the foregoing resolutions and of the actions referred to therein.
BE IT RESOLVED, FURTHER, that any actions taken by the officers or directors of the
Association prior to the date of this action or hereafter that are within the authority conferred
hereby are hereby ratified, confirmed and approved as the act and deed of the Association.
[SIGNATURE PAGE FOLLOWS]
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTIONPOLICY
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11029544DPR
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IN WITNESS WHEREOF, the undersigned has executed this Certificate as Secretary on
behalf of the Association to be effective as of January 1, 2012.
By:
Printed Name: Koma Donworth
Title: Secretary
STATE OF TEXAS
COUNTY OF HAYS
ember lo. 20 !L by Koma
This instrument was acknowledged before me on
Donworth, Secretary of Secretary of the Elliott Ranch Homeowners Association, Inc., a Texas
non-profit corporation, on behalf of said non-profit corporation.
L ma L
A. TINA GUTIERREZ
NOTARY PUBLIC
Notary Public Signature
State df Texns
Comm. Exp. 07-07-2014
AFTER RECORDING PLEASE RETURN TO:
Gregory S. Cagle
4330 Gaines Ranch Lo0p, Ste. 150
Austin, Texas 78735
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY
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DOCUMENT RETENTION POLICY
1. INTRODUCTION
1.1
Scope
This Document Retention and Destruction Policy (this “Policy") applies to the Elliott Ranch
Homeowners Association, Inc., a Texas non-profit corporation (the "Association"), the Association's
manager (the “"Manager"), the Association's employees and the Association's Board of Directors (the
"Board").
Documents and records maintained by the Association's legal counsel are not subject to this
Policy.
1.2
Purpose
This Policy is created to establish guidelines for identifying, retaining, storing, protecting and disposing
of the Association's books, records and other documents in the Association's possession and to ensure
that the Association adheres to legal and business requirements in an efficient and cost-effective manner.
For purposes of this Policy, the term “Records" means any documentary material which is generated or
received by the Association in connection with transacting its business or is related to the Association's
legal obligations. The Records include, among others, writings, drawings, graphs, charts, photographs,
tape, disc, audio recordings, microforms, and other electronic documents from which information can be
obtained or translated such as electronic mail, voice mail, floppy disks, hard discs and CD ROMs.
1.3
Policy
A. It is the Association's policy to maintain complete and accurate copies of Records. Records are to
be retained by the Association for the period of their immediate use, unless longer retention is
this Policy.
B. Records that are no longer required, or have satisfied their recommended period of retention, are
to be destroyed in an appropriate manner.
C. Unless otherwise directed by legal counsel, Records may be scanned and maintained in an
electronic format.
D. The Manager, or in the event there is no Manager, the Association's Secretary, is responsible for
ensuring that the Association's Records are identified, retained, stored, protected and subsequently
disposed of, in accordance with the guidelines set forth in this Policy.
1.4
Board Members
The Association does not require members of the Board to maintain any Records that were
generated by the Association. However, if a Board member receives Records relating to the Association
which were not generated by the Association or not received through the Association, the Board member
must send the originals of such Records to the Manager or Secretary of the Association (as is applicable)
to be maintained in the Association's books and records.
When a Board member ceases to be a Board member, such Board member shall turn over to the
Manager or the Secretary of the Association (as is applicable) all Records and files relating to the
business of the Association which are not otherwise in the Association's books and records.
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY
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1.5
Annual Purge of Files
The Manager or Secretary of the Association (as is applicable) shall conduct an annual purge of
files from the Association's books and records. The annual purge of files is to be conducted during the
first quarter of each calendar year.
1.6
Destruction Procedure
If the Records to be destroyed are of public record, it is recommended that they be recycled. If
recycling is not possible, such Records may be placed in a trash receptacle.
If the Records to be destroyed are not of public record, they should only be recycled if their
confidentiality can be protected; otherwise, such Records should be destroyed in a manner that ensures
the information contained thereon remains confidential.
1.7
Miscellaneous
Copies of any Records may be destroyed, provided that an original is maintained in the
Association's books and records or is otherwise not required to be maintained pursuant to this Policy.
1.8
Onset of Litigation
At the onset of litigation, or if it is reasonably foreseeable that litigation may be imminent, all
Records potentially relevant to the dispute must be preserved.
At the direction of legal counsel, the Manager or Secretary of the Association (as is applicable)
will advise the Board and any other person who may be in possession of Records of the matter and
instruct them that all Records potentially relevant to such litigation must not be destroyed. At the
conclusion of the litigation, as determined by legal counsel, the “hold' period will cease and the time
periods otherwise provided in this Policy will recommence.
2. DOCUMENT RETENTION PERIODS
Set forth below is a chart detailing the required retention periods for Records of the Association.
Records are grouped into five functional categories as set forth below. For purposes of this Policy, the
term "Permanent" means that the retention period for that Record is for the life of the Association, and the
term “Termination" means expiration of the term of the applicable Record. For example: “Termination +
4 years" means four (4) years beyond expiration of the term of such Record.
Accounting Records
Retention Period
Audit Reports
Permanent
Chart of Accounts
Permanent
Fixed Asset Purchases
Permanent
General Ledger
Permanent
Accounts Payable
7 yrs
Account Receivable
7 yrs
Expense Records
7 yrs
Financial Statements (Annual)
7 yrs
Inventory Records
7 yrs
Loan Payment Schedules
T yrs.
7 yrs
Tax Returns
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY
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2.
Bank Records
Retention Period
Bank Reconciliations
7 Yrs
Bank Statements
7 Yrs
Cancelled Checks
7 Yrs
Electronic Payment Records
7 Yrs
3.
Governing Documents and Corporate Records
Retention Period
Articles or Certification of Incorporation, Bylaws,
Declaration and other Restrictive Covenants,
Permanent
including any amendments
Rules and Regulations
Permanent
Policies and Guidelines
Permanent
Record of Actions of Board or Members taken by
Written Ballot or Written Consent in Lieu of a
Permanent
Meeting
Record Meeting Notice Waivers
Permanent
Business Licenses
Permanent
Contracts -- Major
Permanent
Correspondence from Legal Counsel
Permanent
Leases/Mortgages
Permanent
Board Minutes and Resolutions
7 Yrs
Committee Minutes
7 Yrs
7 Yrs
Member Meeting Minutes
Contracts - Minor
Termination + 4 Yrs
Insurance Policies
Termination + 4 Yrs
Account Records of Current Association Members
5 Yrs
4.
Employee Records
Retention Period
Benefit Plans
Permanent
Pension/Profit Sharing Plans
Permanent
Employee Files (ex-employees)
7 Yrs
Employment Taxes
7 Yrs
Payroll Records
7 Yrs
Employment Applications, Resumes, Ads, or Notices
3 Yrs
for Job Opportunities
5.
Real Property Records
Retention Period
Construction Records
Permanent
Warranties
Permanent
Leasehold Improvements
Permanent
Real Estate Purchases
Permanent
Lease Payment Records
7 Yrs
ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY
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ELLIOTT RANCH HOMEOWNERS ASSOCIATION, INC.
DOCUMENT RETENTION POLICY
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