ARTICLE II. Standards

SECTION 2.01: ELIGIBILITY FOR MEMBERSHIP. Any current resident of, or owner of property in Lufkin, Texas, is eligible for Membership in the Association upon completion and approval of an application, and maintaining the following:

1. Lawn maintenance: It is unlawful for grass to grow taller than 12 inches in height. In agreement with Lufkin Municipal Code, Section 6.04.004, it is against the law for any resident to “allow grass, weeds, or brush to grow or flourish without having the same cut to a height not greater than 12 inches from the surface of the ground.”

2. Junk: It is unlawful for unsightly trash or junk to be in a resident’s yard. In agreement with the City of Lufkin's Municipal Code, Section 6.04.004, it is unlawful for a resident to place or allow on public or private property “any garbage, litter, junk, rubbish, refuse, or any other unsightly condition as determined by the code enforcement officer, city manager, or his designee. The presence of any garbage, litter, rubbish, refuse, or junk within the city determined to be unsightly shall be deemed a public nuisance.”

3. Abandonment of trash or recycle container: It is unlawful for residents to leave trash containers out before or following collection day. In agreement with the City of Lufkin's Municipal Code, Section 13.02.071, “Customers are required to place containers to the curb on collection day no later than 7:00 a.m. and retrieve from the curb no later than 7:00 p.m. the same day.”

4. Deposit debris in street: It is unlawful for residents to deposit debris such as lawn clippings, bags of trash, or any other miscellaneous debris into the street. As stipulated by the City of Lufkin's Municipal Code, Section 6.05.003, "It shall be unlawful to sweep into or deposit in any storm sewer, gutter, street, or other public place within the city the accumulation of litter from any building, lot, public or private sidewalk, or driveway."

5. Junk vehicles: It is unlawful for residents to have junked vehicles, or parts of junked vehicles, on their property. Detailed explanations available in the City of Lufkin's Municipal Code, Section 8.04.122, define a junked vehicle, or part thereof, as visible from public property or a public right-of-way, and being detrimental to the safety and welfare of the public; tends to reduce the value of private property; invites vandalism; creates a fire hazard; is an unattractive nuisance creating a hazard to the health and safety of minors; produces urban blight adverse to the maintenance and continuing development of municipalities; and is a public nuisance. A junked vehicle is defined by the City of Lufkin's Municipal Code, Section 8.04.122 as a vehicle that is “self-propelled, and is inoperable and has remained inoperable for more than 30 consecutive days if the vehicle is on private property…”

An inoperable vehicle that has been declared a nuisance by authorities as defined by Texas Transportation Code, chapter 683 may be covered by a contour-fitting cover for a maximum period of six months from receipt of notice of such violation. The vehicle must be totally covered, and the cover must remain in new or like-new condition during this probationary period. After the six-month probationary period, the owner must comply with Texas Transportation Code, chapter 683. All vehicles must meet this limitation, even if they have been previously tarped.

6. Decaying structure: It is unlawful for residents to have a decaying structure on their property. In accordance with the City of Lufkin's Municipal Code, Section 3.04.005, it unlawful to have a structure that is "in a state of dilapidation, deterioration, or decay."

7. Noise: It is unlawful for a resident to make excessive noise. As stipulated by Texas Penal Code, Section 42.01, a noise is decidedly "unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance."

8. Animals: It is unlawful for any resident to have an animal that produces excessive noise or is excessively unsanitary. In agreement with the City of Lufkin's Municipal Code, Section 2.01.005, it is unlawful for any resident to possess an animal that "by reason of noise, odor, or sanitary conditions becomes offensive."

Section 2.02: LIMITED MEMBERSHIP. Any person may acquire a limited membership in the Association that is free. Limited Membership entitles the person to a copy of select newsletters, the ability to attend select group meetings, and free participation in neighborhood events. Limited membership does not, however, include voting rights.

Section 2.03: PAID MEMBERSHIP. The amount required for a paid membership shall be $12.00 each month or $99.00 each year, unless changed by a majority vote of the Officers. Full payment of the dues will entitle the resident or property owner to full membership privileges such as voting rights, access to all meetings (excluding board meetings), a copy of all newsletters, an annual financial report, ability to file a violation, as well as the ability to add items to the voting ballot. Dues may, on occasion, be paid by donation of comparable products or services to the Association, by prior approval of the Officers of the Association.

Section 2.04: REFUNDS. Memberships can be canceled anytime, and refunds can be requested if a family moves from their current residence. Members who have paid for a yearly membership and move can receive a prorated refund for the months they no longer live at the current residence. Members who pay a monthly membership and move can receive a refund for the month prior to their relocation. No refunds are issued to members who have received a violation notice within a year.

Section 2.05: VOTING RIGHTS. The full payment of the dues will entitle each person over age eighteen in the Member’s household (excluding Limited Members) to one vote each in all Association elections.

Section 2.06: TERMINATION OF MEMBERSHIP. In accordance with ARTICLE IX membership will be terminated if a member receives a violation notice, and does not resolve the violation within 28 days of the first notice. Additionally, members with voting rights who have not paid their monthly or annual dues will be downgraded to limited membership. A member may also be removed by a majority vote of the Officers.

Section 2.07: RESIGNATION. Any Member may resign by filing a written resignation with the Secretary of the Association. Such resignation shall not relieve the resigning Member of the obligation to pay any dues, assessments, or other charges theretofore accrued and unpaid. A member who has resigned will not receive a refund.