Connections

In accordance with the RRC’s Article 6, assessments are due on an annual basis. Upon request the POA currently allows payment on a monthly basis. A fee will be charged for any payment other than annual.

a.      Annual assessments shall be due and payable by the thirty-first day of January of each year.

b.     If paid monthly, assessments are due and payable on the first day of each month. Any assessments which are not paid by the last day of each month shall be assessed late charges.

Any account with an outstanding balance older than 30 days, regardless of the source of said balance with exception of previously accrued late fees (General Maintenance Assessments, Recreation Assessments, Townhome Assessments, fees, fines, sales, tax or any other legitimate duly authorized charge made to the Owner’s account) shall be deemed delinquent and be assessed a $25.00 late fee each month in which a balance meeting aforesaid criteria remains outstanding.

Calls may be made to Owner’s delinquent thirty (30) to ninety (90) days.

Once an account is delinquent 90 days, a certified demand letter may be sent via first class and certified mail specifying the total amount owed, any late fees accrued as of that date, and a breakdown of all outstanding amounts included in the total amount owed specifying assessments, sales tax, fees, fines, certified letter charges, and any other miscellaneous charges that may exist on the account. The letter will provide the Owner with notice of 45 days to dispute the validity of the entire or any portion of the debt, enter into an approved payment plan, or provide payment in full at the risk of being referred for further legal and/or collection action.

When an account reaches 120 days delinquency, a certified demand letter will be sent via first class and certified mail specifying the total amount owed, any late fees accrued as of that date, and a breakdown of all outstanding amounts included in the total amount owed specifying assessments, sales tax, fees, fines, certified letter charges, and any other miscellaneous charges that may exist on the account. The letter will demand payment in full within 45 days at the risk of being referred for further legal and/or collection action.

Upon expiration of said demand letter, if the account has not been brought current or the Owner has not entered into an approved payment plan, the account will be reviewed by the Association to determine the best course of action to further pursue said debt including but not limited to filing suit for personal judgment, referral to a collection agency or attorney, or filing of a letter of intent with Trinity County Appraisal District. The Association may determine other viable courses of action at its sole discretion based on the individual account and applicable state and federal laws at that time.

The Owner shall be responsible for all costs incurred as a result of collection actions taken due to delinquent assessments and shall be advised of such in every letter sent to said Owner.

WHEREAS, Chapter 209 of the Texas Property Code was amended, effective January 1, 2012, to add Section 209.0062, which requires the Association to adopt and record alternative payment schedule guidelines (“Payment Plans”) for assessments; and

WHEREAS, the Association, through its Board, is vested with discretionary authority concerning the rules and regulations contained herein; and

NOW THEREFORE, in order to comply with Texas Property Code Section 209.0062, the Association hereby adopts the following Payment Plan guidelines:

a.      All Owners are entitled to one approved Payment Plan to pay their annual assessments prior to being turned over to the Association attorney for collections.

b.     All Payment Plans require a down payment and monthly payments.

c.      All payment plans will be assessed a $5.00 administrative fee for each month of the payment plan.

d.     STANDARD PAYMENT PLAN: Upon request, all Owners are automatically approved for a Payment Plan consisting of 10% down, with the balance paid off in 12 monthly installments.

e.      ALTERNATIVE PAYMENT PLANS: Alternative Payment Plan proposals shall be submitted to and approved by the Association in writing; the Association is not obligated to approve alternative Payment Plan proposals; provided however, that no Alternative Payment Plan may extend for more than 18 months from the date of the Owner’s request for an Alternative Payment Plan.

f.       Once a payment plan has been approved and entered into, all Late Fees will be suspended from continued accrual based on the date of the agreed payment plan. However, the failure to make any sequential monthly payment will result in reinstatement of all Late Fees from the date of suspension onward.

g.     A Payment Plan must include sequential monthly payments. The total of all proposed payments under the Plan must equal the current balance plus the Payment Plan administrative fees.

h.     The Owner shall be required to pay future assessments by the due date in addition to the payments specified in the Payment Plan.

i.       All Payment Plans must be in writing on a form provided by the Association, or a form otherwise approved by the Association.

j.       If an Owner defaults on the Payment Plan the Payment Plan is terminated. Default of a Payment Plan includes:

k.     If an Owner defaults on a Payment Plan the Association is not obligated to make another Payment Plan with the Owner for the next two years after the date of default.

l.       No Payment Plan may last less than 3 months or more than 18 months.

m.   The Association may only charge the reasonable costs of administering the Payment Plan, while an Owner is current on their Payment Plan.