2021 - 28650 09/14/2021 2:18PM Page 1 of 17 PROPERTY OWNERS' ASSOCIATION 2nd AMENDED MANAGEMENT CERTIFICATE FOR BATESFIELD ESTATES PROPERTY OWNERS' ASSOCIATION OF ODESSA, INC.
This Management Certificate is recorded pursuant to Section 209.004 of the Texas Property Code.
This amends all prior agement Certificates filed for this association CO Per Texas Property Code 209.004 (effective ember 1, 2021) "The County Clerk of each county in which a Management Certificate is filed as required by this section shall record the mangement Certificate in the real property records of the county and index the document as a "Property Owners' Association Managemen THE STATE OF MIDLAND § Midland County Clerk Unoffic ame of Subdivision: Batesfield Estates Property Owners' Association of Odessa, Inc.
2. Subdivision Location: Midland County Midland County Clerk Unofficial Copy 3. Name of Homeowners' Association: Batesfield Estates Property Owners' Texas Nonprofit Corporation Octation of Odessa, Inc., a 4. Recording Data for Association: Instrument Number 2015-10073, Plat Records Cabinet K, Page 9; Instrument Number 2017-14065, Plat Records Cabinet K, Page 9; Instrument Number 2018-7124, Plat Records Cabinet K, Page 9; Instrument Number 2018-19476, Plat Records Cabinet K, Page 9; Instrument Number 201929411, Plat Records Cabinet K, Page 9, recorded in the Official Public Records of Midland County, Texas.
5. Recording Data for Declaration: Declaration of Community Guidelines Covenants, Conditions, Restrictions are recorded as Instrument Number 2015-23881; Amended and Restated Declaration are recorded as Instrument Number 2019-9922, recorded in the Official Public Records of Midland County, Texas.
strictions are recorded as Instrument Number 2015-23881; Amended and Restated Declaration are recorded as Instrument Number 2019-9922, recorded in the Official Public Records of Midland County, Texas.
6. Certificate of Formation filed with the Secretary of the State of Texas is recorded as Instrument Number 202124823.
Bylaws are recorded as Instrument Number 2021-24823.
7. Resolutions/Policies/ Guidelines: All are Email Registration Membership Voting Pol Conflict of Inte solution not Paley Records Retenton Policy Payment Plan Resolution Midland County Clerk, hed to this Certificate.
Copy Plan Resolution/Application of Payments Resolution/Collection Schedule/Resolution Collection Schedule Violation Enforcement Resolution Midland County Clerk Unofficial Copy Violation Enforcement Schedule for Lot Maintenance/Force Maintenance 8.
Property Resales/Transfer Fees: Statement of Account: Resale Certificate: $99.00 Transfer Fee: $100.00 $110.00 9. Mailing Address and Contact Information for the Association and the Managing Agent: Shuler Association Management, Inc.
P.O. Box 136 Gardendale, TX 79758 (432) 385-9657 [email protected] shuleram.com Prospective purchasers are advised to independently examine the Declaration, Bylaws, and all other governing documents of said Association, together with obtaining an official Resale Certificate and perform a comprehensive physical inspection of the lot/home and common areas, prior to purchase.
DOCUMENT STRYCKEN py THE PURPOSE OF THIS CERTIFIC TES TO PROVIDE INFORMATION THAT IS SUFFICIENT FOR A TITLE COMPANY TO THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CENNICATE DOES NOT PURPORT TO IDENTIFY EVERY PUBLICLY RECORDED THE SAID SUBDIVISION, OR TO REPORT EVERY PIECE OF INFORMATION
E COMPANY TO THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CENNICATE DOES NOT PURPORT TO IDENTIFY EVERY PUBLICLY RECORDED THE SAID SUBDIVISION, OR TO REPORT EVERY PIECE OF INFORMATION PERTINENT TO SAID SUBDIVISION. NO PERSON SHOULD RELY ON THIS CERTIFICATE FOR ANYTHING HER THAN INSTRUCTIONS FOR CONTACTING THE ASSOCIATION IN CONNECTION WIT THE TRAPER OF TITLE TO A HOME IN THE SAID SUBDIVISION. THE REGISTERED AGENT FOR CIATION IS ON FILE WITH THE TEXAS SECRETARY OF STATE.
Midland County Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 2 of 17 IN WITNESS WHEREOF, the undersigned has caused this Certificate to be executed as of the date first above written.
BATESEELDBİTATES PROPERTYOOPу By: R Name: Liza Shuler ERS' ASSOCATION OF ODESSA, INC.
Title: Shuler Association Management, Inc., Managing Agent THE SITE OF TEXAS § Midland County Clerk Unof COUNTY OF MIDLAND § § County Clerk Unofficial Copy This instrument was acknowledged before me on this Association Management, Inc., the Managing Agent for Batesfield Estates Inc., on behalf of such Association.
14th day of September 2021 iza Shuler, of Shuler ers' Association of Odessa, NOTARY PUBLIC Priscilla Espinoza Notary Public, State of Texas Notary ID 13200449-0 My Commission Exp. 05-03-2023 Notary Public in and for the State of Texas fall Expre otary Public Signature Midland County Clerk Unofficial Copy Unofficial Copy AFTER REGARDING RETURN TO: Shuler Station Management, Inc.
136 rdendale, TX 79758 Midland County Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 3 of 17 TEXAS OF MIDLAND Midla HE STATE OF Copy Batesfiedil Registration Resolution for the Nestates Property Owners' Association of Odessa, Inc.
rk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 3 of 17 TEXAS OF MIDLAND Midla HE STATE OF Copy Batesfiedil Registration Resolution for the Nestates Property Owners' Association of Odessa, Inc.
of Odessa, Inc., a Texas Non-Profit Corporation (the "Association") is charged with administering and enforcing the Declaration of Protective Covenants (the "Declaration"); WHEREAS, The Batesfield Estates Property Owners' AssociMidland County Clerk Unofficial Copy WHEREAS, Section 209.0051 (e)(2)(B) of the TEXAS PROPERTY CODE provides that the Association may send the required notice of a meeting of the Association's Board of Directors (the "Board") by e-mail to each owner who has registered an e-mail address with the Association; WHEREAS, pursuant to Section 209.0051 (f), it is an owner's duty to keep an updated e-mail address registered with the Association; NOW THEREFORE, the "Resolution"): 1.) An e-mail address pursuant to adopted the following "E-mail Registration Resolution" (the Midland County Clerk Unofficial Copy County Clerk Unofficial Copy be considered registered with the Association for the purposes of receiving not on 209.0051 (e)(2)(B) when: (1) the owner has completed the registration form available at M.com that is required to gain online access to the Association's website; and haseived confirmation that said submission has been received and approved.
an owner to receive notices pursuant to Section 209.0051 (e)(2)(B), the completed and submitted after August 31, 2021.
the owner Midland County Cler 3.) No other form of e-mail registration shall be accepted for the Section 209.0051 (e)(2)(B) regardless of whether said e-mail communications to or from the Association.
ation form must be Communication notices under Ss has been previously used for
accepted for the Section 209.0051 (e)(2)(B) regardless of whether said e-mail communications to or from the Association.
ation form must be Communication notices under Ss has been previously used for EFFECTIVE DATE: August 31, 2021 Authorized Board Member Signature: Raul Barge Dare: 9/13/21 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 4 of 17 Membership Voting Policy for the Batesfield Estates Prope Owners' Association of Odessa, Inc.
THE STATE OF TEXA COUNTY tv Clerk Unofficial Midland County LAND § s' AssociationCounty Clerk Unofficial Copy This Membership Voting Policy (the "Policy") for the Batesfield Estates Odessa, Inc., is adopted by the Batesfield Estates Property Owners' Association a Texas Non-Profit Corporation.
Midrand Owners' Association of dessa, Inc., (the "Association"), WHEREAS, membership voting is governed in whole or in part by Sections 2009.0058, 209.0059, 209.00593, and 209.0054 of TEXAS PROPERY CODE (the "Voting Requirements"), and; WHEREAS, the Association may adopt policies and rules to help facilitate the provisions outlined in the Voting Requirements.
NOW THEREFORE, the Association's Board of Directors (the Board) hereby adopts a Membership Voting Policy as follows: 1.) The Association shall have the sole authority to promulgate all ballots, absentee ballots, proxy forms, or other instruments ("Voting Instruments") for use in Association wide votes or elections and the Association may not accept any other form of these 2.) The Association may include con: "struments in connection with an Association vote or election.
the notice of said meeting.
unexecuted Voting 3.) All Voting Instru Star 4.)
undated or election Sting Instruments for use in Association wide votes or elections in
th an Association vote or election.
the notice of said meeting.
unexecuted Voting 3.) All Voting Instru Star 4.)
undated or election Sting Instruments for use in Association wide votes or elections in Des shall otherwise be entitled to obtain from the Association copies of said be signed and dated by the member executing said instrument. Unsigned eno may be deemed invalid and may not be counted toward quorum and/or totals Midland County Clerk ultruments may be submitted to the Association electronically, by mail, or in person no later than business day prior to the election or vote to which they pertain. Voting Instruments Walso be submitted transmission of said voting Instrument to the respective email idland County Clerk Unofficial Copy the meeting to which they pertain prior to the close of voting.
Electronic submission of executed Voting Instruments may include il submission or facsimile number listed for such purpose on said instrument promulgated by the Association. Electronic subission of said Voting Instruments shall also include an electronic transmission made through a secured exchange available through the Association's website.
6.) Voting Instruments may also be mailed to the principal office address of the Association as listed on the Voting Instrument. If mailing, Voting Instruments must be received not later than one business day prior to the Election or Vote to which they pertain.
7.) Votes cast by proxy may only be cast in person by the proxy holder at the meeting for which said proxy is effective.
EFFECTIVE DATE: August 31, 2021 Authorized Board Member Signature: утворе Midland County Clerk Unofficial Вазы Bay Dec. 9/13/21 Date: Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 5 of 17 Conflict of Interest Policy for the
ember Signature: утворе Midland County Clerk Unofficial Вазы Bay Dec. 9/13/21 Date: Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 5 of 17 Conflict of Interest Policy for the Batesfield Estates Property THE STATE OF TEXAS This Unofficial Go Owners' Association of Odessa, Inc.
AND § ct-of-Interest Policy (The "Policy") for the Batesfield Estates Property Owners' I by the Batesfield Estates Property Owners' Association of Odessa, Inc, WHEREAS, the Association adopted a Policy through resolution Midland County Clerk Unofficial Copy Midlanon-Profit Corporation.
(the "Board") on August 31, 2021.
RE: Conflict of Interest Policy WHEREAS: ociation of Odessa, Association"), a Texas the Association's Board of Directors 1.) Section 209.0052 of the TEXAS PROPERTY CODE adds limitations relating to an association contracting services from a board member, a board member's Relative, a board member's company, or a board member's Relative's company.
2.) The Association's Board of Directors (the "Board") desires to establish a policy consistent with Section 209.0052.
BE IT RESOLVED THAT any following: 1.) For Clerk, Unofficial Copy causing a conflict of interest with a current Director will comply with the this policy, a Relative is a person related to a current Director within the third Unofficial Copy consangun or affinity. For purpose of this policy, Owned means that a person owns fiftyce by or more.
Midland County Clerk Din County Association may enter into a contract with the current Director, a Relative company Owned by a current Director, or a company Owned by a current about and beyond any benefit received by the entire membership of the The Association has received at least two other competitive a.
percent current Director, a Relative or any benefits
d by a current about and beyond any benefit received by the entire membership of the The Association has received at least two other competitive a.
percent current Director, a Relative or any benefits associated with the Director, Relative, or company (if reasor unity if: for the contact from persons not available); b. The applicable Director is not given access to the other bids, does not participate in any Board's discussion regarding the contract, and does not vote on the award of the contract.
C.
The relationship concerning the applicable Director is disclosed to or known by the Boards and the Board, in good faith and with ordinary cared authorizes the contact by affirmative vote of the majority of the Directors who do not have a conflict of interest; and d. The Board certifies by a resolution that the requirements of Section 209.0052 have been met.
3.) A conflict of interest shall mean, any contract transaction, or other action taken in the course of Association business that will benefit a current Director, a Relative of a current Director, a company Owned by a current Director, or a company Owned by a current Director's Relative, or any benefit above and beyond any benefit received by the entire membership or the community.
4.) The interest can be either direct or indirect.
5.) The benefit is not limited to strictly monetary rewards (e.g., access to information for private gain).
6.) If a conflict of interest is discovered rest of the Board as soon as he EFFECTIVE DATE: August Unofficial Authorized Boar merker Signature: Midland County s pa decision has been made, the pertinent Director must notify the aware of a conflict.
Raul Bereza Date: 9/13/21 Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 6 of 17 Records Retention Policy for the
the pertinent Director must notify the aware of a conflict.
Raul Bereza Date: 9/13/21 Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 6 of 17 Records Retention Policy for the Batesfield Estates Pro Owners' Association of Odessa, Inc., THE STATE OF TEXA AND Clerk Unofficial § § COUNTY OF Midland County rela s' Association County Clerk Unofficial Copy This Records Retention Policy (The "Policy") for the Batesfield Estates Odessa, Inc., is adopted by the Batesfield Estates Property Owners' Association a Texas Non-Profit Corporation.
Owners' Association of dessa, Inc., (the "Association"), WHEREAS, the Association adopted a Policy through resolution of the Association's Board of Directors (the "Board") on August 31, 2021.
NOW THEREFORE, the Association hereby adopts a Records Retention schedule as follows: 1.) Certificates of formation, articles of incorporation, bylaws, restrictive covenants, and all amendments to certificates of formation, bylaws and covenants shall be retained permanently at the Association's principal office address, electronically or in a storage facility as deemed appropriate by the Board.
2.) Financial books and records shall be retained for seven years at the Association's principal office address, electronically or in a storage facility as deemed appropriate by the Board.
3.) Account records of current owners shall be retained for five years at the Association's principal office address, electronically or in a storage facility as deemed appropriate by the Board.
4.) Contracts with a term of one year or term at the Association's principal of by the Board.
5.) Minutes of meetings principal office add 6.) Tax return electronic and ectr Midland County all be retained for four years after the expiration of the contract
ociation's principal of by the Board.
5.) Minutes of meetings principal office add 6.) Tax return electronic and ectr Midland County all be retained for four years after the expiration of the contract address, electronically or in a storage facility as deemed appropriate Owners and the Board shall be retained for seven years at the Association's or in a stage facility as deemed appropriate by the Board.
erk Unofficial Copy audi records shall be retained for seven years at the Association's principal office or in a storage facility as deemed appropriate by the Board.
ments not specifically listed above will be retained for the time period of the those listed in the above schedule. Electronic documents will be retained as if Nerefore, any electronic files that fall into one of the document types on the above the identified time period.
Midland ments most closely Owere paper documents.
will be maintained for The custodian of the records of the Association is responsible for the ongoing process of identifying the Association's records which have met the required retention period and overseeing their destruction. Destruction of any physical documents will be accomplished by shredding. Destruction of any electronic records of the Association shall be made via a reasonable attempt to remove the electronic records from all known electronic locations and/or repositories.
EFFECTIVE DATE: August 31, 2021 Authorized Board Member Signature: Raul B Date: 9/13/21 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 7 of 17 Batesfield THE STATE OF TE COUNTY Unutids Inspection Policy for the Clerk Midland County, Cler Property Owners' Association of Odessa, Inc.
ial Copy 2021 - 28650 09/14/2021 2:18PM Page 7 of 17 Batesfield THE STATE OF TE COUNTY Unutids Inspection Policy for the Clerk Midland County, Cler Property Owners' Association of Odessa, Inc.
This Records Inspection Policy (the "Policy") is adopted by the Batesfi Association of Odessa, Inc., (the "Association"), a Texas Non-Profit Corporation County Clerk Unofficial Copy Estates Property Owners' WHEREAS, the Association adopted a Policy through resolution Association of Odessa, Inc., Association's Board of Directors (the "Board") on August 31, 2021.
the Batesfield Estates Property Owners' NOW THEREFORE, the Association hereby adopts a Records Inspection Policy as follows: 1.) Persons who may request to inspect records or purchase copies of records of the Association, other than members of the Boards, are limited to: or; a. A member of the Association as evidence by a deed, deed of trust, or provision within the declaration b.
the agent, attorney, or certified public account designated in writing signed by the owner as the owner's agent (an "Agent") of a member of the Association, upon receipt by the Association of an instrument signed by both the owner and Agent designation said Agent as such.
2.) To inspect or obtain copies of a. Be submitted in Association or to of records must: valid, a request to inspect or pecords a valid request must be sent to the Association. To be b. describe inized representative of the Association as reflected on the most current management contain certified mail, return receipt requested to the mailing address of the filed under Sec. 209.004 of Texas Property Code; Clerk Unofficial Copy each record requested including the fiscal year to which said record relates;
urn receipt requested to the mailing address of the filed under Sec. 209.004 of Texas Property Code; Clerk Unofficial Copy each record requested including the fiscal year to which said record relates; election to inspect records before obtaining copies or purchase copies of the same 3.) The stance of Aploduction.
Midland County b.
C.
The cost for production of records shall include reasonable costs for copies, or other mediums used for their production. Said costs shall not exceed the cost for an item under 1 T.A.C. Section 70.3.
Midla's csportation of records, The difference between the estimated cost of production and 30-days from the date the records were delivered.
ctual final cost shall be settled within If the estimated cost was lesser or greater than the actual costs, the Association shall submit a final invoice to the owner on or before the 30th business day after the date the information is delivered. If the final invoice includes additional amounts due from the owner, the additional amounts, if not reimbursed to the Association before the 30th business day after the date the invoice was sent to the owner, may be added to the owner's account as an assessment. If the invoice is sent to the owner, may be added to the owner's account as an assessment. If the estimated costs exceeded the final invoice amount, the owner is entitled to a refund, and the refund shall be issued to the owner not later than the 30th business day after the date the invoice is sent to the owner.
4.) The Association may, at its option, produce the records in hard copy or electronic format for an owner requesting to obtain copies.
5.) Types of records available for inspection shall include all responsive records identified in the Association's Records Retention policy.
electronic format for an owner requesting to obtain copies.
5.) Types of records available for inspection shall include all responsive records identified in the Association's Records Retention policy.
6.) The Association may not release particular owner of the commun EFFECTIVE DATE: August Authorized Board Member Midland County Clerk gnature: ords that indicate the violation history or payment history of a without written consent from said owner.
Raul Bags Date: 9/13/21 Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 8 of 17 Payment Plan Resolution for the Batesfield Estates Property Owners' Association of Odessa, Inc.
THE STATE OF TEXAS Unofficial COUNTY OF MIDLAND § WHEREAS, Section 209.0062 of the TEXAS PROPERY County Clerk Unofficial Copy Midland County WHEREAS, The Batesfield Estates Property Owners' Association of Odessa, the "Association") is arged with administering and enforcing the Declaration of Protective Covenants Midland eclaration").
that the Association adopt and record reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the Association for delinquent regular or special assessments, or any other amount owed to the Association without accruing additional monetary penalties; and WHEREAS, the Association's Board of Directors (the "Board") desires to establish guidelines consistent with the Section 209.0062.
NOW, THEREFORE, the Board has duly adopted the following "Payment Plan Resolution" (the "Resolution"): 1.) Eligibility: Any owner who has not defaulted under a previous payment plan during the past two years from the date a payment plan request is received by the Association shall be eligible for a payment plan under this Resolution (a "Payment Plan").
der a previous payment plan during the past two years from the date a payment plan request is received by the Association shall be eligible for a payment plan under this Resolution (a "Payment Plan").
2.) Duration and Terms Unofficial Copy a. A Payment Plan C.
ve a minimum term of not less than 3 months; b. Association m Its discretion to determine the maximum term of a Payment Plan; Despite the foregoing, the Association may not allow a Payment Plan for any amount that extends more Midland Cour's Nths from the date of the owner's request for a Payment Plan; f.
g.
County Clerk Unofficial Copy I may require a good faith payment of not more than 25% prior to commencing a Payment Any eligible owner shall be allowed, without deliberation by the Board, delinquent balance in up to 12 equal consecutive monthly installments, with the first pay At que within 30 days of the approval of the Payment Plan; Any owner may submit a request for a Payment Plan that does meet the foregoing guidelines, along with any other information they with the Board to consider, and the Board may approve or disapprove such Payment Plan, in its sole discretion; and, If any owner who is not eligible to receive a Payment Plan asks for a Payment Plan, then the Board shall be entitled to approve or disapprove a Payment Plan, in its sole discretion.
3.) Execution a. All Payment Plans must be in writing and signed by the owner entering into said Payment Plan.
4.) Fees and Payment a.
All payments shall be due by the date specified in the Payment Plan; b.
Failure by an owner to make a payment by the time frame specified in the Payment Plan shall result in immediate default of said Payment Plan; C. Additional monetary penalties will foregoing, interest as allowed Payment Plan. The the term of the administering
ecified in the Payment Plan shall result in immediate default of said Payment Plan; C. Additional monetary penalties will foregoing, interest as allowed Payment Plan. The the term of the administering identified ccrue during the term of the Payment Plan. Notwithstanding the the Declaration may continue to accrue during the term of the may provide an estimate of the amount of interest that will accrue during Plan. Furthermore, the Association may charge an owner a reasonable cost for Plan (the "Administrative Costs"). Any Administrative Costs wil Payment Plan.
Midland County Clerken Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 9 of 17 5.) Default Payment Plan Resolution for the Batesfield Estates Pranty Owners' Association of Odessa, Inc.
a. Any owner is brought b. There C.
under a Payment Plan shall remain in default until his/her entire account balanc opportunity to cure a default under a Payment Plan.
Midland County Clerk Unofficial Midland County Clerk Unofficial Copy owner is in default of a Payment Plan issued pursuant to their Policy, Paymen all be applied in the manner specified in the written Payment Plan agreement.
EFFECTIVE DATE: August 31, 2021 Authorized Board Member Signature: Raul Bang Date: 9/13/21 the owner Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 10 of 17 Batesfield Estates Property Owners' Association of Odessa, Inc.
Payment Plan Resolution, Application yments Resolution & Collection Schedule/Resolution Clerk Unofficial Copy THE STATE OF COUNTY MIDLAND § § "Owners' Association of Odessa, Inc., (the "Association"), a Texas Non-Pro and County Clerk Unofficial Copy Midland Cou
ection Schedule/Resolution Clerk Unofficial Copy THE STATE OF COUNTY MIDLAND § § "Owners' Association of Odessa, Inc., (the "Association"), a Texas Non-Pro and County Clerk Unofficial Copy Midland Cou WHEREAS, the Declaration of Protective Covenants (the "Declaration the Batesfield Estates Property orporation, grants the authority to the Board of Directors (the "Board") to establish a budget, set the amount of the assessments, and adopt a procedure to bill and collect assessments and other charges of the Association; and WHEREAS, pursuant to Chapter 209 of the TEXAS PROPERTY CODE, the Board of the Association hereby adopts these Guidelines for the purposes of establishing a procedure to bill for assessments and other charges of the Association and identify the guidelines under which an owner may request an alternative payment schedule for certain assessments and charges; and Guidelines.
WHEREAS, the Board has determined that it is in the best interest of the Association to establish these NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt the attached Payment Plan Resolution, Application of Payments and Collection Schedule/Resolution. These Resolutions replace any previously recorded or implemented solut Policies that addresses the subjects contained therein.
Certification I hereby certify that, as were approved of Unofficial President of the Batesfield Estates Property Owners' Association of C Inc., the attached Per Plan Resolution, Application of Payments Resolution, and Collection Midland County Signature: 31st day of August, 2021 at a meeting of the Board of Directors at which quorum was present.
Виявах Printed Name: Raul Baeza Title: Board 9/13/21 Date: President Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy
ng of the Board of Directors at which quorum was present.
Виявах Printed Name: Raul Baeza Title: Board 9/13/21 Date: President Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 11 of 17 Single Family Batesfield Estates Owner's Association of Odessa, Inc.
Collection Schedule 1st Notice: Courten y Clerk Unofficial Copy Collection Notice (30 Days Past Due_ erated and mailed to owner with the to pay and intent to charge a $50 Notice Fee charged to account 2nd Notice: 209 Notice (75 Days Past Due) 209 Notice: 45-day cure notice is sent to owner.
209 compliant notices generated. Letter sent with itemization of charges and copy of collection schedule explaining potential fees charged if total balance not paid in full by due date. Balance forwards, if necessary, attached to billing statement. Intent to hand deliver and charge a $75 hand delivery charge if not paid by due date.
Late Charge Per governing documents Per governing documents Administrative Fee $20 Clerk Unofficial Copy es tter Sent certified mail and regular mail.
Midland County $50 Statutory Notice fee charged to owner's account Letter sent certified mail.
3rd Notice: Notice of hand delivery (105 Days Past Due) governing documents Clelia Copy Letter generated and mailed to deadline to pay. Letter also deliver to resident.
4th Notice: with With intent to Turnover to to hand CollectionAttorney (135 Days Past Due) Midland ter generated and mailed to owner with deadline to pay. PACER search done looking for all listed owners of the property. All pending bankruptcies or active litigation involving owner researched for financial situation of owner and to determine if the property is at risk for foreclosure
all listed owners of the property. All pending bankruptcies or active litigation involving owner researched for financial situation of owner and to determine if the property is at risk for foreclosure by another entity superior to HOA.
Settlement offer/discount of 10% off Collection/admin fees if owner pays balance in full by due date.
5th Notice Account Sent to attorney - Board Approval Needed (180 Days Past Due) Title search completed to confirm ownership an $20 Fee $75 Hand Delivery Fee Charged to owner's account Letter sent via regular usps mail and courier han Midland County Clerk Unofficial Copy Escalated Property Processing fee charged to owner's account. Letter sent via certified mail Per governing documents $20 Fee Per governing documents $20 Fee mailing address for property. 209 Notice l Copy" for accuracy. Tracking information and ignature for 209 notices pulled and provided to attorney.
Search for any existing liens gast the property and provided to applicable. Transaction history pulled Midland Cottoned to attorney. Legal work $90 fee to process file to third party debt collector/attorney.
Owner is responsible for all attorneys' fees/court costs paid by and/or charged to: Association. Does require Unofficial Copy board approval. Kottap sent via certified mail regular USPS mail.
Midland County 1 2021 - 28650 09/14/2021 2:18PM Page 12 of 17 Single Family order generated to provide attorney any information on the owner's file. Corres pertine Copy reviewed for any contact with owner regarding payments, pending sales and refinances, or pending payment plan re Collection are sent Clerk d County Clerk Unofficial Copy The first notice is sent after the late date per the governing documents. Th
payments, pending sales and refinances, or pending payment plan re Collection are sent Clerk d County Clerk Unofficial Copy The first notice is sent after the late date per the governing documents. Th Mianghly thirty days apart from each other each requiring a payment due date b count.
and subsequent notices ✓ the next step in the collection takes place. If a homeowner pays in full before the payment due date, then lection action will cease on owner's Midland Priority of Payments: Interest shall bear on a late account per the governing documents of the Association. Payment on a delinquent account shall be applied Per Texas Property Code 209.0063. The acceptance of a partial payment on an owner's account does not constitute a waiver of the Association's right to collect the full outstanding balance due on an owner's account General Policy: All fees/charges paid by the Association in connection with the collection of a homeowner's account shall be reimbursed by the homeowner. "Non-sufficient funds” (NSF) and/or "stop payment" checks shall be assessed a charge of $25.00 paid to the HOA and reimbursed by the homeowner.
The monthly Admin Fee/Other Fees are charged to the homeowners account each month the account remains delinquent and is paid to management company by the HOA at the time services are rendered and charged to the homeowners account for reimbursement of charges incurred.
Payment Plans: Payment plans shall be Code. The Association is not required due balance if the final notice has Association of Odessa, Inc., • • A Payment Clerk Unofficial Copy by the Association pursuant to Section 209.0064 of The Texas Property (a) a payment plan to an owner after the forty-five (45) day period, to disclosure.
ssa, Inc., • • A Payment Clerk Unofficial Copy by the Association pursuant to Section 209.0064 of The Texas Property (a) a payment plan to an owner after the forty-five (45) day period, to disclosure.
Please see Payment Plan Resolution for the Batesfield Estates Property Qu An shall have a minimum term of not less than 3 months.
pay Association may require a good faith payment of not more than 25% paidland County Clerk Unofficial Copy Midlan!
• .
• • may use its discretion to determine the maximum term of a payment plan" the foregoing, the Association may not allow a Payment Plan for any amount that extends more than 18n from the date of the owner's request for a payment plan.
commencing a payment plan.
Any eligible owner shall be allowed, without deliberation by the Board, to pay a delinquent balance in up to 12 equal consecutive monthly installments, with the first payment due within 30 days of the approval of the Payment Plan Any owner may submit a request for a Payment Plan that does not meet the foregoing guidelines, along with any other information they wish the Board to consider, and the Board may approve or disapprove such Payment Plan, in its sole discretion; and, If an owner who is not eligible to receive a Payment Plan asks for a Payment Plan, then the Board shall be entitled to approve or disapprove a Payment Plan, in its sole discretion.
All Payment Plans must be in writing and signed by the owner entering said Payment Plan Homeowners shall be required to sign an agreement and abide by it. If a homeowner does not abide by the agreement, then the homeowner shall be immediately turned over the Association's attorney for collection unless management decides to waive this provision because of extenuating circumstances.
by the agreement, then the homeowner shall be immediately turned over the Association's attorney for collection unless management decides to waive this provision because of extenuating circumstances.
Administrative fee of $10 per month will be when services are rendered, and then reimb applied to all payment plan requests and will be paid by the Association Other: This policy may be amended the homeowner when balance is paid.
are advised that they should contact thisted by the Board of Directors from time to time without notice.
question and/or need assistance d management company to request the most recent version of this policy if the oficial Copy making payment arrangements.
Midland County Clerk of Midland County 2 2021 - 28650 09/14/2021 2:18PM Page 13 of 17 Violation Enforcement THE STATE OF the Batesfield Estates Property Owners' Association of, Odessa, Inc.
Midland County Clerk Unofficial Copy MIDLAND ursuant to the Declaration of the Protective Covenants of the.. field Estates Property Owners' Association of Odessa, Inc., (referred to as the "Association") a Midland County Clerk Unofficial Copy as non-profit corporation, the Directors of the Batesfield Estates Property Owners' Association of Odessa, Inc., (referred to as the "Board") consent to the adoption of the following resolutions: RE: Violation Enforcement Schedule/Resolution Violation Enforcement Schedule/Resolution for Lot Maintenance/Force Maintenance WHEREAS: 1. The Board of Directors is empowered to enforce the Covenants, Conditions and Restrictions of the Covenants, Bylaws and any rules and regulations of the Association, 2. It is the Board's duty to use its bert BE RESOLVED THAT: 1. The Board equ Unofficial to assure that said enforcement occurs fficial Copy
ts, Bylaws and any rules and regulations of the Association, 2. It is the Board's duty to use its bert BE RESOLVED THAT: 1. The Board equ Unofficial to assure that said enforcement occurs fficial Copy Schedule/Resolution for Lot Maintenance/Force Maintenance to establish le policies for the Association in compliance with the Chapter 209 Midland Cereby adopts this Violation Enforcement Schedule/Resolution and the Ned the "Texas Residential Property Owners Protection Act," as it man mended (the "Act"). To the extent any provision within this policy conflicts with the Ac provision shall be modified to comply with the applicable 2. All rules of the Association shall be enforced.
Midland C Oxas Property Code, other applicable law, such 3. The Violation Schedules (attached) shall be the Association's Resolutions of enforcement for all Covenants, Conditions, and Restriction Violations.
EFFECTIVE: August 31, 2021 Raul B Authorized Board Member: Due 9/13/21 Date Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 14 of 17 Amended Violation Enforcement Sched for Batesfield Estates Property Owners' Association of STATUS Level 1: 1st Sighting/Notice Odessa, Inc.
ATION PROCEDURE Midland County Clerk Uno Capy, Sighting/notification of Violation Level 2: 2nd Sighting/Notice Violation was not resolved within 30 Days/No application for an extension received Level 3: 3rd Sighting/Notice Courtesy 209.006 Notice and Opportunity to Cure w/intent to fine fifty (50) dollars if not resolved within thirty (30) days from this notice.
Notice sent Certified Mail and regular mail.
Send Second Notice with notice of applied fine of fifty (50) dollars and intent to fine an additional one hundred (100) Dollars if not
ys from this notice.
Notice sent Certified Mail and regular mail.
Send Second Notice with notice of applied fine of fifty (50) dollars and intent to fine an additional one hundred (100) Dollars if not resolved within ten (10) days from this notice.
Notice sent Certified Mail Send 3rd Notice with notice of applied fine of one hundred (100) dollars and intent to topean additional two haddred (200) dollars if om this notice.
Midrand County Clerk solved within 10 Violat was not resolved 10 days/No application or an extension Level 4: Final Notice Notice sent Certified mail and regular mail.
Send Final 209 Notice of applied fine of $200.00 and Notice advising account is being sent to attorney in 30 days if violation not resolved.
ACTION REQUIRED 30 Days to correct/resolve Violation Unofficial Copy NOTES 209.006 Certified 1 "Notice and Cure" Midland County Clerk un 10 days to correct/resolve Violation 10 days to correct/resolve Violation $0 Fee - $0 Fine - $50 Fee$0 Fine - $100 Fee -$0 to Midland County Clerk Unofficial Copy Final 30 days to resolve prior to sending account to attorney.
Fine - $200 Legal Fees if applicable Midland County Clerk Linofficial Copy No request for an Account sent to attorney inal letter advising account was sent to the HOA's attorney to correct the violation through the court system due to failure to cure.
Notice sent Certified Mail.
Midland Counterk Unofficial Copy will attorney d's approval via email and/or board meeting during executive session.
2021 - 28650 09/14/2021 2:18PM Page 15 of 17 General Policy If a homeowner contacts management with the intent to correct a violation and asks for an extension, management shall grant such extension if it deems the extension member send in a written request via email
meowner contacts management with the intent to correct a violation and asks for an extension, management shall grant such extension if it deems the extension member send in a written request via email not cure the violation after the signat including referral to the HOA's Forced Maintenancedure It is the option prior vi Cable. Extension requests longer than 30 days will require that mail and review of Board for approval. If the homeowner does the process will be resumed at the last level of the schedule, up to Ne Board of Directors to decide when and if an account is escalated to ty Millageoffice, the attorney will send the homeowner a letter of Once a attorney. The decision to escalate an account to the attorney may ation history, or other factors that may influence the Board's Clerk UnCopy Maintenance and/or on violation severity, an account is turned over to and a demand for compliance ith the Association's governing documents. If the homeowner does not respond, the attorney will pursue all available action to cure the violation through the court/legal system. If allowable by law and the Association's Declaration of Covenants, all attorneys' fees/court costs shall be the homeowner's responsibility and shall be charged to the homeowners account and the money due shall be subject to the collection policy. If the amount due is not paid the attorney shall file a notice of lien and take legal action if needed.
Other This policy may be amended and/or adjusted by the Board of Directors from time to time without notice, including increase of the Forced Maintenance Fee. Homeowners are advised that they should contact the management company to request the most recent version of this policy, if they have a question, and/or need an extended amount
orced Maintenance Fee. Homeowners are advised that they should contact the management company to request the most recent version of this policy, if they have a question, and/or need an extended amount of time to cure the violation, or assistance in making payment arrangements. Please note: notice of violation to include, but not limited to grass, weeds, siding. On approved improvements, vegetation, fences, & other violations within the CC&R's.
Midland County Clerk Unofficial Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 16 of 17 Violation Enforcement Batesfield Estates Level 1: 1st Sighting/Notice County Clerk Unofficialoperty Owners' Association of Odessa, Inc.
Ighting/notification of Violation Level 2: Final Notice Send Courtesy 209.006 Notice and Opportunity to Cure w/intent to Force Mow/Maintenance if not resolved within thirty (30) days from this notice.
Notice sent Certified Mail and regular mail.
Send Final Notice of applied fine of $50.00 and Notice of Forced Maintenance Action. The Fee associated with maintaining the lot can range between three hundred dollars ($300) to fifteen hundred dollars ($1500) and is subject to change. Members are advised to contact management company to request the most recent Force Maintenance Fee.
The Board escalate the matter to Association's attorney if tractor is denied access by sending a final notice that the file will be forwarded to the HOA's attorney to correct the violation through the court system in thirty (30) days if the violation is not resolved.
Forced Mainty Clerk Unofficial No request for an ex HOA’s rney Midlanti sion. Property or Account sent to Notice sent Certified Mail.
45 Days to correct/resolve Violation
he violation is not resolved.
Forced Mainty Clerk Unofficial No request for an ex HOA’s rney Midlanti sion. Property or Account sent to Notice sent Certified Mail.
45 Days to correct/resolve Violation Fine -$0 Fee and County Clerk Unofficial Cop nal 30 days to solve prior to sending account to attorney if member denies contractor access to force maintenance.
Fine - $50 Fee $300-$1,500 Legal Fees if applicable Midland County Clerk Unofficial Copy counts sent to Sattorney or Force maintenance will require Board approval via email and/or at board meeting during executive session.
Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2021 - 28650 09/14/2021 2:18PM Page 17 of 17 Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Instrument Number: 28650 Real Property Recordings Recorded On: September 14, 2021 02:18 PM Total Recording: $86.00 Midland County Clerk Unofficial Copy Number of Pages: 17 " "Examined and Charged as Follows: " Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy 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.
Document Number: 28650 Receipt Number: 20210914000117 Record and Return To: Recorded Date/Time: September 14, 2021 02:18 PM User: Station: Tia H cc10299 Midland County Clerk Unofficial Copy COUNTY MIDLAND COURT COUNTY TEXAS County SHULER ASSOCIATION MANAGEMENT INC P.O. BOX 136 GARDENDALE TX 79758 Midlanty Clerk Unofficial Copy Thereby certify that this Instrument was filed in the File Number se printed hereon, and was duly recorded in the Official Records
T INC P.O. BOX 136 GARDENDALE TX 79758 Midlanty Clerk Unofficial Copy Thereby certify that this Instrument was filed in the File Number se printed hereon, and was duly recorded in the Official Records Alison Haley Midland County Clerk Midland County, TX on the date/time Midland County, Texas Ausse Haley