Doc# 20200160025 07/21/2020 4:08PM Page 1 of 26 Lucy Adame-Clark, Bexar County Clerk NOTICE OF FILING OF DEDICATORY INSTRUMENTS OF THE BLUFFVIEW HEIGHTS HOMEOWNERS ASSOCIATION INC.
STATE OF TEXAS § § KNOW ALL MEN BY: THESE PRESENTS: COUNTY OF BEXAR § THIS NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR THE 184 ASSOCIATION, INC., PURSUANT TO SECTION 202.006 OF THE TEXAS PROPERTY CODE (hereinafter “Notice of Filing of Dedicatory Instruments”) is made this | te day of , 2020 by the Bluffview Heights Homeowners Association, Inc., (hereinafter Association”): WITNESSETH: WHEREAS, CENTEX REAL ESTATE CORPORATION, (Declarant), recorded , on or about June 10, 1992, in the Bexar County Real Property Records an instrument entitled “ Declaration of Covenants, Conditions and Restrictions for Bluffview of Camino Real Planned Unit Development Unit 4A, also known as Bluffview Heights, (“Declaration”)’, located in Volume 5360, Page(s) 0069, et. seg., and as amended from time to time (the “Declaration”); and WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned unit development subject to the Declaration, which development is more particularly described in the Declaration; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners association must file each dedicatory instrument governing the Association that has not been previously recorded in the real property records of the county in which the development is located; and; WHEREAS, the Association desires to record the dedicatory instruments attached as Exhibit “A” in the Deed Records of Bexar County, Texas, pursuant to and in accordance with Section 202.006 of the Texas Property Code.
ociation desires to record the dedicatory instruments attached as Exhibit “A” in the Deed Records of Bexar County, Texas, pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW THEREFORE, the dedicatory instruments attached hereto as Exhibit “A” are true and correct copies of the originals and are hereby filed of record in the Deed Records of Bexar County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this Notice of Filing of Dedicatory Instruments for the Bluffview Heights Homeowners Association, Inc., to be executed by its duly authorized agent as of the date first above written.
] Doc# 20200160025 07/21/2020 4:08PM Page 2 of 26 Lucy Adame-Clark, Bexar County Clerk THE BLUFFVIEW HEIGHTS HOMEOWNERS ASSOCIATION INC.'S A Texas Non-Profit Corporation By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared Fas Zn c yk ,_, for the Bluffview Heights Homeowners Association, Inc., known to me to’be the person whose name is subscribed to the foregoing instrument and acknowledged to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
“—_ SUBSCRIBED AND SWORN TO BEFORE ME on this,2 8 day of . Me A i A) , 2020.
Not ublic, State of Texas 2-30-2923 My Commission Expires ls My Notary iD # 128270872 Doc# 20200160025 07/21/2020 4:08PM Page 3 of 26 Lucy Adame-Clark, Bexar County Clerk A-l.
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EXHIBIT “A” Dedicatory Instruments Resolution of the Board of Directors of the Bluffview Association, Inc. adopting a Document Retention Policy;
26 Lucy Adame-Clark, Bexar County Clerk A-l.
A-3.
A-4.
EXHIBIT “A” Dedicatory Instruments Resolution of the Board of Directors of the Bluffview Association, Inc. adopting a Document Retention Policy; Resolution of the Board of Directors of the Bluffview Association, Inc., regarding its Records Production Policy; Resolution of the Board of Directors of the Bluffview Association, Inc., establishing a Collection Policy;.
Resolution of the Board of Directors of the Bluffview Association, Inc., establishing a Payment Plan Policy; Heights Homeowners Heights Homeowners Heights Homeowners Heights Homeowners Doc# 20200160025 07/21/2020 4:08PM Page 4 of 26 Lucy Adame-Clark, Bexar County Clerk EXHIBIT A Doc# 20200160025 07/21/2020 4:08PM Page 5 of 26 Lucy Adame-Clark, Bexar County Clerk RESOLUTION OF THE BOARD OF DIRECTORS OF THE BLUFFVIEW HEIGHTS HOMEOWNERS ASSOCIATION, INC. ADOPTING A DOCUMENT RETENTION POLICY STATE OF TEXAS § § COUNTY OF BEXAR § WHEREAS, the Bluffview Heights Homeowners Association, Inc., (hereinafter “Association”), is charged with administering and enforcing those certain covenauts, conditions, and restrictions contained in the Declaration for the Association; and WHEREAS, Chapter 209 of the Texas Property Code was amended effective January 1, 2012 to add Section 209.005 (Section 209.005) requiring the Association to adopt a Document Retention Policy (“Document Retention Policy”); and WHEREAS, the Board of Directors of the Bluffview Heights Homeowners Association, Inc., desires to hereby establish a Document Retention Policy consistent with the provisions of Section 209.005 and to additionally provide clear and definitive guidance to its members.
NOW THEREFORE, the Board has duly adopted the following Document Retention Policy: SECTION ONE Introduction
of Section 209.005 and to additionally provide clear and definitive guidance to its members.
NOW THEREFORE, the Board has duly adopted the following Document Retention Policy: SECTION ONE Introduction 1.1 Scope This Document Retention Policy applies to the Bluffview Heights Homeowners Association, Inc., the Association’s employees and the Association’s Board of Directors.
The documents maintained by the Association’s legal counsel are not subject to this Document Retention Policy.
1.2 Purpose To adopt a policy regarding Association record availability and to adopt a standard procedure to be followed concerning a records retention schedule.
1.3 Policy A. Tt is the Association’s policy to maintain complete, accurate and quality Documents.
Documents are to be retained for the period of their immediate use, unless longer retention is required for historical reference, contractual or legal requirements, or for other purposes as set forth in this Document Retention and Destruction Policy.
Doc# 20200160025 07/21/2020 4:08PM Page 6 of 26 Lucy Adame-Clark, Bexar County Clerk B. Documents which are no longer required, or have satisfied their recommended period of retention, are to be destroyed in an appropriate manner.
i The Association’s board of directors shall be primarily responsible for maintaining the documents for the Association.
1.4 Compliance This Documentation and Retention Policy is not intended to be all inclusive and accordingly, must be tailored to meet the specific needs of the Association. The retention periods set forth herein are guidelines based on the current retention periods set forth in federal, state and local statutes and regulations and industry custom and practice.
1.5 Board Members
ention periods set forth herein are guidelines based on the current retention periods set forth in federal, state and local statutes and regulations and industry custom and practice.
1.5 Board Members The Association does not require board members to maintain any Documents. Board members, in their discretion may dispose of Documents generated by the Association because the Association has maintained such documents in the Official Files. However, if Board members received Documents relating to the Association, which were not generated by the Association, or not received through the Association, Board members shall send the originals of such Documents to the Association to be maintained in the Official Files.
1.6 Annual Purge of Files The Association’s Board shall conduct an annual purge of files. The annual purge shall be completed within the first (1") quarter of each calendar year.
1.7 Miscellaneous There may be an immediate destruction of copies of any Document, regardless of age, provided that an original is maintained in the Official Files of the Association.
1.8 Litigation At the onset of litigation, or if it is reasonably foreseeable that litigation may be imminent, all Documents potentially relevant to the dispute must be preserved.
Thus, at the direction of legal counsel, the Association’s Board President will advise the Board Members, and any other person who may maintain Association Documents, of the facts relating to litigation. Thereafter, all Documents potentially relevant to the dispute shall be deemed “held” until such litigation is concluded and all appeals have expired. At the conclusion of the litigation, the “hold” period will cease and the time periods provided in the Document Retention and Destruction Guidelines will recommence.
uded and all appeals have expired. At the conclusion of the litigation, the “hold” period will cease and the time periods provided in the Document Retention and Destruction Guidelines will recommence.
Document Retention Policy Page 2 Doc# 20200160025 07/21/2020 4:08PM Page 7 of 26 Lucy Adame-Clark, Bexar County Clerk SECTION TWO Definitions 2.1 Current “Current” means the calender year in which the Document was created, obtained or received.
2.2 Document “Document” means any documentary material, that is generated or received by the Association in connection with transacting its business, is related to the Association’s legal obligations, and is retained for any period of time. The term “Document” includes, among others, writings, drawings, graphs, charts, photographs, tape, disc, audio recordings, microforms, and any other electronic documents from which information can be obtained or translated such as electronic mail, voice mail, floppy discs, hard discs and CD-ROM.
2.3 Official Files “Official Files” means the files maintained by the Association.
Legal documents and documents subject to the attorney-client privilege and the work product privilege maintained by the Association’s legal counsel are not part of the “Official Files” of the Association.
2.4 Permanent “Permanent” means that the retention period for that document is permanent.
SECTION THREE Document Retention and Destruction Guidelines The Association’s Documents are grouped into four functional categories as set forth below.
Although every conceivable Document is not listed, the following list should provided guidance as to which subcategory a particular Document relates.
The retention periods identified with particular Documents are intended as guidelines. In particular
the following list should provided guidance as to which subcategory a particular Document relates.
The retention periods identified with particular Documents are intended as guidelines. In particular circumstances, the Association’s Board Members have the discretion to determine that either a longer or shorter retention period is warranted.
Document Retention Policy Page 3 Financial Documents General Ledgers and Journals Year End Financial Statements Tax Returns Audit Reports Depreciation Schedules / Capital Inventory Plan Accounts Payable/Accounts Receivable Ledgers Expense Records Canceled Checks Electronic Payment Records Purchase Orders and Vendor Invoices Bank Statements Deposit Slips Budgets Petty Cash Vouchers Billing (Owners) Records Governing Documents Deed Covenants and Restrictions Bylaws Articles of Incorporation Rules and Regulations Policies Document Retention Policy Retention Period Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7: Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Doc# 20200160025 07/21/2020 4:08PM Page 8 of 26 Lucy Adame-Clark, Bexar County Clerk Current Owner period plus | year after sale or transfer to new owner.
Retention Period Permanent Permanent Permanent Permanent Permanent Page 4 Corporate Documents Board meeting minutes Membership Meeting Minutes Proxies and Voting Records Attendance Records at Membership Meeting where quorum is required Committee Meeting Minutes ACC Applications, Approved or Denied ACC Variances, Approved or Denied Legal / Insurance / Claims Contract - Active Contracts - Expired Insurance Policies - Active
s required Committee Meeting Minutes ACC Applications, Approved or Denied ACC Variances, Approved or Denied Legal / Insurance / Claims Contract - Active Contracts - Expired Insurance Policies - Active Insurance Policies - Expired Insurance Records Settled Insurance Claims Doc# 20200160025 07/21/2020 4:08PM Page 9 of 26 Lucy Adame-Clark, Bexar County Clerk Retention Period Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Current year plus 7 Permanent Permanent Retention Period Current Version Current Year plus 4 Current Version Current Year plus 7 Current Year plus 7 Current Year plus 7 Court Files, Pleadings (liens, foreclosure, small claims actions) Current Year plus 7, or until case has been settled, whichever is longer.
Attorney Legal Opinions Permanent Destruction of Records The Association’s board of directors shall be responsible for the complying with the records retention policy and the destruction of such records. The destruction of records may be done one of several ways, including shredding, incinerating, pulverizing, and deleting/destroying of electronic files. While no particular method is mandatory, the method chosen should preserve the confidentiality of the documents.
Document Retention Policy Page 5 Doc# 20200160025 07/21/2020 4:08PM Page 10 of 26 Lucy Adame-Clark, Bexar County Clerk Amendment This policy may be amended from time to time by the Board of Directors of the Association.
This Document Retention Policy is effective upon recordation in the Public Records of Bexar County, Texas, and shall supercede any policy regarding document retention which may have previously been in effect. Except as affected by Section 209.005 and/or this Policy, all other
ecords of Bexar County, Texas, and shall supercede any policy regarding document retention which may have previously been in effect. Except as affected by Section 209.005 and/or this Policy, all other provisions contained within the Association’s Declaration or any other dedicatory instruments of the Association shall remain in full force and effect.
su KE Approved and adopted by the Board on this eal day of. , 2020.
Karen Lares, President Bluffview Heights Homeowners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Before me, the undersigned authority, on this day personally appeared Karen Lares as President of the Bluffview Heights Homeowners Association, Inc., a Texas non-profit corporation, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein state.
Given under my hand and seal of office this pa, \ day Ay, 2020.
villeay, SNe, DAWN M. JEMEYSON sf" db °= MY COMMISSION EXPIRES 4, Printed Name My commission expires: F ATA )- ) 4, wal = sty tm 23.PNie= MAY 8, 2023 “Mee NOTARY ID: 128557266 Document Retention Policy Page 6 Doc# 20200160025 07/21/2020 4:08PM Page 11 of 26 Lucy Adame-Clark, Bexar County Clerk EXHIBIT B Doc# 20200160025 07/21/2020 4:08PM Page 12 of 26 Lucy Adame-Clark, Bexar County Clerk RESOLUTION OF THE BOARD OF DIRECTORS OF THE BLUFFVIEW HEIGHTS HOMEOWNERS ASSOCIATION, INC.
REGARDING ITS RECORDS PRODUCTION POLICY STATE OF TEXAS LA rN COUNTY OF BEXAR WHEREAS, the Bluffview Heights Homeowners Association, Inc., (hereinafter the “Association”), is charged with administering and enforcing those certain covenants, conditions and
LA rN COUNTY OF BEXAR WHEREAS, the Bluffview Heights Homeowners Association, Inc., (hereinafter the “Association”), is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the Declaration for the Association; and WHEREAS, Chapter 209 of the Texas Property Code was amended effective January 1, 2012, to add Section 209.005 (Section 209.005"), thereto regarding the Association’s Records and Production Policy (“Records and Production Policy”); and WHEREAS, the Board of Directors of the Bluffview Heights Homeowners Association, Inc., desires to hereby establish a Records and Production Policy consistent with the provisions of Section 209.005 and to additionally provide clear and definitive guidance to its members.
NOW THEREFORE, the Board has duly adopted the following Records and Production Policy: RECORDS PRODUCTION POLICY This Records and Production Policy is adopted by the Board of Directors of the Bluffview Heights Homeowners Association, Inc., pursuant to Texas Property Code §209.005 (hereinafter “the Statute”).
Request for Records The Owner or the Owner’s authorized representative must submit a written request by certified mail.
The request must contain (a) sufficient detail to describe the books and records requested and (b) an election either to inspect the books and records before obtaining copies or to have the Association forward copies of the requested books and records.
Inspection The Association shall respond to a request for inspection within 10 business days by providing written notice of the dates and times, during normal business hours, that the inspection may occur.
Doc# 20200160025 07/21/2020 4:08PM Page 13 of 26 Lucy Adame-Clark, Bexar County Clerk Copies
oviding written notice of the dates and times, during normal business hours, that the inspection may occur.
Doc# 20200160025 07/21/2020 4:08PM Page 13 of 26 Lucy Adame-Clark, Bexar County Clerk Copies If copies are requested, and the Association is unable to produce the copies within 10 business days of the request, the Association shall give notice of the that fact and state a date, within the next 15 business days, that the copies will be made available.
Format The Association may produce the documents requested in hard copy, electronic or any other format of its choosing.
Charges The Association shall be allowed to charge for time spent compiling and producing all records. It may also charge for reproduction if copies are requested. Those charges shall be the maximum amount allowed by the Statute. At the time of the adoption of this policy, the allowable rate of charges are: . CD - $1 per disc . DVD - $3 per disc ° Audio Cassette - $1 . Other Electronic Media - Actual Cost . Labor Charges for requests of more than 50 pages - $15 per hour The labor charges includes the actual time to locate, compile, manipulate data and reproduce the requested data.
7 Overhead charge for requests of more than 50 pages - 20% of the labor charge ° Document retrieval charges from off-site storage - actual cost . Postage Actual cost ° Miscellaneous supplies - The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for the information.
In the event rates of charges allowed by Statute change, that charge will automatically apply to the Association’s records, without the necessity of amending this policy.
Advance Payment
information.
In the event rates of charges allowed by Statute change, that charge will automatically apply to the Association’s records, without the necessity of amending this policy.
Advance Payment The Association may require an advance payment of estimated costs. If the actual costs is less than the estimate, the Association shall refund the excess to the owner within 30 business days. If the actual cost is greater than the estimate, the owner shall pay the excess before the information is delivered to the owner.
Records Production Policy Page 2 Doc# 20200160025 07/21/2020 4:08PM Page 14 of 26 Lucy Adame-Clark, Bexar County Clerk Exempt Information The Association shall not be required to provide information of the following types without the prior written consent of the individuals who are the subject of the information: . Owner violation history ° Owner personal financial information s Owner contact information other than the owner’s address ° Information relating to an Association employee, including personnel files Additionally, the Association’s Board of Directors may withhold from inspection any records that in its reasonable business judgment would: . Constitute an unwarranted invasion of privacy of other owners . Constitute privileged information under the attorney-client privilege . Involve pending or anticipated litigation or contract negotiations Summaries / Compilations The duty to provide documents pursuant to requests applies only to existing books and records. The Statute does not obligate or compel the Association to create a new document, prepare a summary of information or compile and report data.
Amendment This policy may be amended from time to time by the Board of Directors of the Association.
Association to create a new document, prepare a summary of information or compile and report data.
Amendment This policy may be amended from time to time by the Board of Directors of the Association.
This Records and Production Policy is effective upon recordation in the Public Records of Bexar County, Texas, and shall supercede any policy regarding Records and Production which may have previously been in effect. Except as affected by Section 209.005 and/or this Policy, all other provisions contained within the Association’s Declaration or any other dedicatory instruments of the Association shall remain in full force and effect.
KL 2020.
Approved and adopted by the Board on thiseX | day of aren Lares, President Bluffview Heights Homeowners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Before me, the undersigned authority, on this day personally appeared Karen Lares as Records Production Policy Page 3 Doc# 20200160025 07/21/2020 4:08PM Page 15 of 26 Lucy Adame-Clark, Bexar County Clerk President of the Bluffview Heights Homeowners Association, Inc., a Texas non-profit corporation, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein state.
Given under my hand and seal of office this D\ aay of IMF 090, = 15 KU My, : Ms OUT) at 4, "Ko a ( .
cA Swe Or OTT} 4, DAWN M. JEMEYSON | ‘8% my COMMISSION EXPIRES IS MAY 8, 2023 SS NOTARY ID: 128557266 _ Printed Name YS ‘ > & 4 >.
Records Production Policy Page 4 Doc# 20200160025 07/21/2020 4:08PM Page 16 of 26 Lucy Adame-Clark, Bexar County Clerk EXHIBIT C
7266 _ Printed Name YS ‘ > & 4 >.
Records Production Policy Page 4 Doc# 20200160025 07/21/2020 4:08PM Page 16 of 26 Lucy Adame-Clark, Bexar County Clerk EXHIBIT C Doc# 20200160025 07/21/2020 4:08PM Page 17 of 26 Lucy Adame-Clark, Bexar County Clerk RESOLUTION OF THE BOARD OF DIRECTORS OF BLUFFVIEW HEIGHTS HOMEOWNERS ASSOCIATION, INC.
ESTABLISHING A COLLECTION POLICY STATE OF TEXAS mm Un Ln COUNTY OF BEXAR WHEREAS, all of the property located in the Bluffview Heights Subdivision is subject to that certain Declaration of Covenants, Conditions and Restrictions recorded at Volume 5360, Page 0069, et. seq. and Bylaws recorded at Volume 8523, Page 1947, et, seq., of the Official Public Records of Bexar County, Texas, as amended (the "Covenants"); WHEREAS, in accordance with the Covenants, Bluffview Heights Homeowners Association, Inc., a Texas nonprofit corporation (the "Association") was created to administer the terms and provisions of the Covenants. Unless the Covenants or applicable law expressly provides otherwise, the Association acts through a majority of its board of directors (the "Board"); WHEREAS, the Association is empowered to enforce the covenants, conditions and restrictions of the Declaration, Bylaws and any rules and regulations of the Association (collectively, the "Restrictions"), including the obligation of the Owners to pay the Association for properly levied regular and special maintenance assessments; NOW THEREFORE, The Board hereby adopts this Collection Policy to establish equitable policies and procedures for collection of due and unpaid regular and special maintenance assessments in compliance with Chapter 209 of the Texas Property
this Collection Policy to establish equitable policies and procedures for collection of due and unpaid regular and special maintenance assessments in compliance with Chapter 209 of the Texas Property Code, titled the "Texas Residential Property Owners Protection Act," as it may be amended (the "Act"). To the extent any provision within this policy is in conflict with the Act or any other applicable law, such provision shall be modified to comply with the applicable law. Likewise, to the extent that any portion of this Collection Policy conflicts with the Association’s Payment Plan Policy, the terms of Payment Plan Policy shall control. : COLLECTION POLICY Due Date: Regular maintenance assessments are assessed semi-annually and are due and payable on January 1“ and July |“ ofevery year. Written notice of the amount of the assessment and due date will be mailed to every Owner.
Delinquent: Any assessment not fully paid within thirty (30) days of its due date is considered delinquent. When an Owner’s account becomes delinquent, it remains delinquent until paid in full.
Partial payments on delinquent accounts will not be accepted outside a fully executed payment plan Doc# 20200160025 07/21/2020 4:08PM Page 18 of 26 Lucy Adame-Clark, Bexar County Clerk in accordance with the Association’s Payment Plan Policy recorded under Document No.
, in the real property records of Bexar County, Texas.
Interest, Late Fees and Administrative Fees: All delinquent assessments shall bear interest from the date of the delinquency at the highest rate allowed by law per annum until paid in full. All delinquent assessments shall be assessed a THIRTY DOLLAR ($30.00) monthly late fee from the date of the delinquency until paid in full. Administrative fees incurred by the Association shall be
ll. All delinquent assessments shall be assessed a THIRTY DOLLAR ($30.00) monthly late fee from the date of the delinquency until paid in full. Administrative fees incurred by the Association shall be added to each owner’s account as stated below.
Insufficient Funds: Any payment returned to the Association or its Agent marked “insufficient funds” or the equivalent shall be subject to a return check fee. Said fee shall be determined in the Association’s agreement with its Agent, or as determined by the financial institution utilized by the Board or its Agent.
Waiver: Properly levied interest, late fees, administrative fees, and collection costs (including those of a third-party collection agent), and related fees may only be waived by a majority vote of the Board.
Collection of Delinquent Accounts: l. All delinquent accounts shall bear interest at the rate contemplated above and be subject to late fees and administrative fees; 2. If an account remains delinquent for a period of thirty (30) days, the Association and/or its Agent shall send a “courtesy notice” to the Owner via regular mail advising them of the delinquency and requesting that they make payment within thirty (30) days; 3. If an account remains delinquent for period of sixty (60) days and the balance of the account exceeds the total sum of $100.00, then the Association or its Agent shall send demand for payment via certified mail pursuant to Texas Property Code Section 209.0064. If the Owner fails to pay in full or enter into a written payment plan agreement within thirty (30) days of receipt of said demand, then an administrative fee of THIRTY FIVE DOLLARS ($35.00) shall be added to the Owner’s account and the Association or its Agent shall turn the delinquent account over to the
receipt of said demand, then an administrative fee of THIRTY FIVE DOLLARS ($35.00) shall be added to the Owner’s account and the Association or its Agent shall turn the delinquent account over to the Association’s attorney for formal collection action. Formal collection action includes, but is not limited to, sending a thirty (30) day formal demand letter, filing a Notice of Lien or similar instrument in the official public records, and progressing to the filing of a lawsuit seeking judgment against the Owner for all unpaid amounts, including costs of collection, and foreclosure of the Association’s lien; and 4, Any Owner’s account that remains delinquent for a period exceeding thirty (30) days shall have their right to use of the Common Areas suspended during the period which any assessment against his/her lot remains unpaid, as contemplated by section 8.1(b) Collection Policy Page 2 Doc# 20200160025 07/21/2020 4:08PM Page 19 of 26 Lucy Adame-Clark, Bexar County Clerk of the Covenant.
Costs of Third-Party Collection Agents: Any costs or fees incurred by the Association from a third-party collection agent shall be added to the delinquent Owner’s account balance.
Priority of Payments: All payments received from any Owner will be applied to the Owner’s delinquency in accordance with the order of priority contemplated by Texas Property Code Section 209.0063.
Amendment: This policy may be amended from time to time by the Board of Directors of the Association.
This Collection Policy is effective upon recordation in the Public Records of Bexar County, Texas, and shall supersede any policy regarding collections which may have previously been in effect. All other provisions contained within the Association’s Declaration or any other dedicatory instruments
, and shall supersede any policy regarding collections which may have previously been in effect. All other provisions contained within the Association’s Declaration or any other dedicatory instruments of the Association shall remain in full force and effect.
Sud 4 lek Approved and adopted by the Board on this the a l day of bare 2020.
¢ Karen Lares, President Bluffview Heights Homeowners Association, Inc., STATE OF TEXAS wr £2 Tn COUNTY OF BEXAR Before me, the undersigned authority, on this day personally appeared Karen Lares, President of Bluffview Heights Homeowners Association, Inc., a Texas non-profit corporation, known to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein state.
Given under my hand and seal of office this the day of Ma 2020.
i ike, a AWN M. JEMEYSON ¢ il 52." S62 my COMMISSION EXPIRES] L e MAY 8, 2023 | SAS NOTARY 1D: 128557285, Collection Policy | Page 3 Doc# 20200160025 07/21/2020 4:08PM Page 20 of 26 Lucy Adame-Clark, Bexar County Clerk DawnJemeyson Printed Name expires: 5/2/23 My commission expires: Collection Policy Page 4 Doc# 20200160025 07/21/2020 4:08PM Page 21 of 26 Lucy Adame-Clark, Bexar County Clerk EXHIBIT D Doc# 20200160025 07/21/2020 4:08PM Page 22 of 26 Lucy Adame-Clark, Bexar County Clerk RESOLUTION OF THE BOARD OF DIRECTORS OF THE BLUFF VIEW HEIGHTS HOMEOWNERS ASSOCIATION, INC. ADOPTING A PAYMENT PLAN POLICY STATE OF TEXAS § § COUNTY OF BEXAR § WHEREAS, the Bluffview Heights Homeowners Association, Inc., (hereinafter “ Association”), is charged with administering and enforcing those certain covenants, conditions and
XAS § § COUNTY OF BEXAR § WHEREAS, the Bluffview Heights Homeowners Association, Inc., (hereinafter “ Association”), is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the Declaration for the Association; and WHEREAS, Chapter 209 of the Texas Property Code was amended effective January |, 2012 to add Section 209.0062, as amended effective September 1, 2015, requiring the Association to offer members alternative payment schedules for delinquent regular or special assessments, or any other amounts owed the Association (“Payment Plans”); and WHEREAS, the Board of Directors of the Bluffview Heights Homeowners Association, Inc., desires to hereby establish a Payment Plan Policy consistent with the provisions of Section 209.0062 and to additionally provide clear and definitive guidance to its members.
NOW THEREFORE, the Board has duly adopted the following Payment Plan Policy: PAYMENT PLAN POLICY L. Subject to Section 12 & 13 below, owners are entitled to make partial payments for delinquent amounts owed to the Association under an approved payment plan in compliance with this Policy.
2. Late fees, penalties, and delinquent collection related fees will not be added to the owner’s account during the period the payment plan is active. The Association may impose a fee for administering a Payment Plan. Such fee, if any, will be listed on the Payment Plan form and is subject to change from time to time. Interest will continue to accrue during the period of the plan as allowed under the Declaration. The Association may provide an estimate of the amount of interest which may accrue under any proposed plan.
by All payment plans must be in writing on a form provided by the Association and signed by the owner(s).
on may provide an estimate of the amount of interest which may accrue under any proposed plan.
by All payment plans must be in writing on a form provided by the Association and signed by the owner(s).
4. The Payment Plan becomes effective and is designated as “active” upon: a. Receipt of a fully completed and signed Payment Plan form; and b. Receipt of the first payment under the plan; and Doc# 20200160025 07/21/2020 4:08PM Page 23 of 26 Lucy Adame-Clark, Bexar County Clerk c. Acceptance by the Association as compliant with this Policy.
5. A Payment Plan may be as short as three (3) months and as long as eighteen (18) months based on the guidelines provided below. The durations listed below are provided as guidelines to assist owners in submitting a Payment Plan.
a. Total balance up to 2 times the annual assessment...up to 6 months.
b. Total balance up to 3 times the annual assessment...up to 12 months.
Cc. Total balance greater than 3 times the annual assessment...up to 18 months.
6. One a case-by-case basis, and upon request of the owner, the Board may approve an individual Payment Plan exceeding eighteen (18) months in length.
7. A payment plan must include sequential monthly payments. The total ofall proposed payments must equal the current balance plus Payment Plan administrative fees, if any, plus the estimated accrued interest.
8. If an owner requests a Payment Plan that will extend into the next assessment cycle, the owner shall be required to pay all future assessments by the due date in addition to the payments specified in the Payment Plan.
9. If an Owner defaults on the terms of the Payment Plan, ‘the Payment Plan will be voided. The Association will provide written notice to the owner that the Payment
nts specified in the Payment Plan.
9. If an Owner defaults on the terms of the Payment Plan, ‘the Payment Plan will be voided. The Association will provide written notice to the owner that the Payment Plan has been voided. It shall be considered a default of the Payment Plan, if the owner: a. fails to return a signed Payment Plan form with the initial payment; b. misses a payment due in a calendar month; C. makes a payment for less than the agreed upon amount; or d. fails to pay a future assessment by the due date in a Payment Plan which spans additional assessment cycles.
10. Ona case-by-case basis, however, the Association may agree, but shall have no obligation to do so, to reinstate a voided Payment Plan once during the duration of the Payment Plan period if all missed payments are made up at the time the owner submits a written request for reinstatement.
Li. If a Payment Plan is voided, the full amount due by the owner shall immediately become due. The Association will resume the process for collecting amounts owed using all remedies available under the Declaration and applicable law.
Payment Plan Policy Page 2 Doc# 20200160025 07/21/2020 4:08PM Page 24 of 26 Lucy Adame-Clark, Bexar County Clerk 12. The Association has no obligation to accept a Payment Plan from any owner who has defaulted on the terms of a Payment Plan within the previous two (2) years.
13. The Association is not required to make a payment plan available to an owner after the period to cure described by Section 209.0064(b)(3) of the Texas Property Code expires. On a case-by-case basis, however, the Association may agree, but shall have no obligation to do so, to make a payment plan available to an owner after the period described by Section 209.0064(b)(3) of the Texas Property Code expires.
the Association may agree, but shall have no obligation to do so, to make a payment plan available to an owner after the period described by Section 209.0064(b)(3) of the Texas Property Code expires.
14. The Association is not required to allow an owner to enter into a payment plan more than once in any 12-month period. On acase-by-case basis, however, the Association may agree, but shal! have no obligation to do so, to make a payment plan available to an owner more than once in any 12-month period.
This policy may be amended from time to time by the Board of Directors of the Association.
This Policy is effective upon recordation in the Official Public Records of Bexar County, Texas, and shall supercede any policy regarding alternative payment schedules which may have previously been in effect. Except as affected by Section 209.0062 and/or this Policy, all other provisions contained within the Association’s Declaration or any other dedicatory instruments of the Association shall remain in full force and effect.
ar SUL Approved and adopted by the Board on this! day of March, 2020.
a Karen Lares, President Bluffview Heights Homeowners Association, Inc.
STATE OF TEXAS § § COUNTY OF BEXAR § Before me, the undersigned authority, on this day personally appeared Karen Lares as President of the Bluffview Heights Homeowners Association, Inc., a Texas non-profit corporation, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose Payment Plan Policy Page 3 Doc# 20200160025 07/21/2020 4:08PM Page 25 of 26 Lucy Adame-Clark, Bexar County Clerk and consideration therein expressed, and in the capacity therein state.
for the purpose Payment Plan Policy Page 3 Doc# 20200160025 07/21/2020 4:08PM Page 25 of 26 Lucy Adame-Clark, Bexar County Clerk and consideration therein expressed, and in the capacity therein state.
Given under my hand and seal of office this 2 \ day of Match! 2020.
ir Wn, DAWN M, JEMEYSON te MY COMMISSION Expipes ae MAY 8, 2023 ee My commission expires O\CA IQ Page 4 Payment Plan Policy File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20200160025 Recorded Date: July 21, 2020 Recorded Time: 4:08 PM Total Pages: 26 Total Fees: $122.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED tn File Number Sequence on this date and at the time stamped hereon by me and was duly ERECORDED in the Official Public Record of Bexar County, Texas on: 7/21/2020 4:08 PM ' Face Aarne Chane Lucy Adame-Clark Bexar County Clerk