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Crystal Forest Estates Homeowners Association · 10 pages
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CRYSTAL FOREST ESTATES HOMEOWNERS ASSOCIATION ASSESSMENT COLLECTION AND PAYMENT APPLICATION POLICY A MAIN AND PAYMENT APPLICATION POLICY WHEREAS, Crystal Forest Estates Homeowners Association, a Texas non-profit corporation ("Association"), is authorized pursuant to Article Il, Section 6 of the Declaration of Restrictions, Covenants and Conditions of Crystal Forest Estates ("Declaration") to levy assessments (also known as “dues”) against the lots located within the Crystal Forest Estates development; and WHEREAS, the Association’s Articles of Incorporation specify that one of the purposes for which the Association was organized is to collect homeowners’ dues; and WHEREAS, Article X, Section 1 of the Association’s By-Laws addresses the Association’s right to record a lien against an Owner’s lot for an Owner’s failure to pay amounts owed to the Association; and WHEREAS, effective January 1, 2012, new provisions of Chapter 209 of the Texas Property Code, known as the Texas Residential Property Owners Protection Act, establish new procedures for the collection of assessments owed by members of a property owners’ association; and WHEREAS, the Association’s Board of Directors has determined that it is in the best interests of the Association and its Members to adopt a policy outlining the procedures for the payment and collection of assessments and other amounts owed to the Association by a Member.

NOW, THEREFORE, IT IS RESOLVED that, to comply with the policies and procedures set forth in Chapter 209 of the Texas Property Code for the payment and collection of assessments and other amounts owed to the Association by its Members and to clarify such procedures for the Association's

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th in Chapter 209 of the Texas Property Code for the payment and collection of assessments and other amounts owed to the Association by its Members and to clarify such procedures for the Association's Members, the Board of Directors of Crystal Forest Estates Homeowners Association adopts the following policy and procedures to be effective January 1, 2012, which will be known as the Association’s “Assessment Collection Policy.”

TERMINOLOGY AND POLICY OBJECTIVES 1. Defined Terms. Unless otherwise specified, capitalized terms used in this Policy shall have the same meaning as defined in the Declaration and/or By-Laws. Dues, levy and charge are collectively referred to in this Policy as “assessment” or “assessments” and refer to a regular assessment, special assessment, or other amount a property owner is required to pay to the Association pursuant to the Association’s governing documents or by law.

2. Ownership Interests. The term “Owner” as used in this Policy refers to the “owner of record” of a given lot as identified in the recorded deed records of Ellis County, Texas.

a. The person or entity who is the Owner of a lot as of the date an assessment or charge becomes due is personally liable for the payment of that assessment or charge, to include the joint personal liability of any co-Owner. The Owner is also personally liable for any interest.

late charges, costs, and attorney’s fees related to an unpaid assessment.

b. The personal liability for unpaid assessments or charges passes to the successor in title to a lot (for example, to the subsequent Owner) only if expressly assumed in writing by the successor.

EXHIBIT a a a ASSESSMENT COLLECTION POLICY — Page 1 : c. As used in this Policy: (i) the term “Delinquent Owner” refers to that person or

Owner) only if expressly assumed in writing by the successor.

EXHIBIT a a a ASSESSMENT COLLECTION POLICY — Page 1 : c. As used in this Policy: (i) the term “Delinquent Owner” refers to that person or entity who held title to a lot on the date an assessment became due, and (ii) the term “Current Owner” refers to that person or entity who then holds title to a lot. Unless stated otherwise in this Policy, the “Owner” of a lot refers to the Delinquent Owner or the Current Owner or both, as may be appropriate under the circumstances in question.

3. Policy Objectives. The Association will pursue collection of all assessments, levies, and related costs and charges in the most expedient and cost-effective manner possible, subject to the provisions of this Policy and Texas law. Should the Association retain the services of a Managing Agent, the Association’s Board of Directors may delegate to the Managing Agent those duties determined by the Board in its sole discretion to be necessary to accomplish these objectives.

4, Compromise of Assessment Obligations. In order to expedite the collection of delinquent assessments owed to the Association, the Board may, at any time, compromise or waive the payment of any assessment, interest, late charge, handling charge, collection cost, legal fee or any other applicable charge. The Payment Plan Procedures set forth in this Policy will also apply.

5, Legal Interpretation. In the event that any provision of this Policy shall be determined by a court with jurisdiction to be invalid or unenforceable in any respect, such determination shall not affect the validity or enforceability of any other provision, and this Policy shall be enforced as if such provision

diction to be invalid or unenforceable in any respect, such determination shall not affect the validity or enforceability of any other provision, and this Policy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satisfy the legal requirements of Chapter 209 of the Texas Property Code. In the event that any provision of this Policy is deemed by a court with jurisdiction to be ambiguous or in contradiction with any law, this Policy and any such provision shall be interpreted in a manner that complies with an interpretation that is consistent with the law.

PAYMENT DUE DATES 6. Due Date. The date that payment is due to be received by the Association for any assessment, levy, or charge is collectively referred to in this Policy as the “Due Date”.

a. Annual Assessment. The annual assessment is payable annually on or before the last day of August of each calendar year. If an Owner submits payment through the Association’s online PayPal service, the annual assessment may be paid quarterly on or before the last day of March, June, September, and December respectively without being deemed delinquent and without incurring any late fees or penalties.

b. Other Assessments. The Due Date for any other assessment, levy or charge shall be fixed by the Board, but in no event shall it be less than thirty (30) days after the date the invoice or notice for the assessment or charge is mailed to the Owner.

7. Delinquency Date. Payment of the annual assessment is due as specified in Paragraph 6.a above. Any assessment or quarterly installment which is not paid in full within thirty (30) days after the Due Date specified above shall be delinquent (the “Delinquency Date”). A summary of the time frames in

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y assessment or quarterly installment which is not paid in full within thirty (30) days after the Due Date specified above shall be delinquent (the “Delinquency Date”). A summary of the time frames in which certain action may be taken to collect unpaid assessments or charges is provided at Exhibit “A” of this Policy.

ASSESSMENT COLLECTION POLICY - Page 2 NOTICE TO OWNERS 8. Notice to Owners. All collection notices and communications will be directed to those persons shown by the records of the Association as being the Owner of a lot for which assessments are due and will be sent to the most recent mailing address of such Owner as reflected by the records of the Association.

a. IT IS THE OWNER’S RESPONSIBILITY TO ENSURE THAT THE ASSOCIATION HAS THE MOST CURRENT ADDRESS TO BE USED FOR SENDING NOTICES AND/OR BILLING INVOICES TO THE OWNER.

b. Any notice or communication directed to a person at an address reflected by the records of the Association as being the Owner for a given lot, will be valid and effective for all purposes pursuant to the Declaration and this Policy until such time as there is actual receipt by the Association of written notification from the Owner of any change in the identity or status of such Owner or of a change in the Owner’s mailing address.

C. Any notice given to the Owner will be deemed to have been properly delivered to the Owner when the notice or letter is deposited in the United States mail.

9. Notice to Owner's Representative. Where the interests of an Owner in a lot have been handled by a representative or agent of the Owner or where an Owner has otherwise acted so as to put the Association on notice that its interests in a lot have been and are being handled by a representative or

y a representative or agent of the Owner or where an Owner has otherwise acted so as to put the Association on notice that its interests in a lot have been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Policy will be deemed full and effective for all purposes if given to such representative or agent.

10. Reminder Notice. No earlier than ten (10) days after the Due Date, the Association may elect to send a second invoice or notice to the Owner, at the Owner’s expense, which will include the amount of unpaid assessments, levies and/or charges claimed to be due. If sent, the “Reminder Notice” will be sent by first-class United States mail to the Owner’s mailing address as reflected in the Association’s records.

11. Notice of Delinquency. No earlier than thirty (30) days after the Due Date — being the Delinquency Date - the Association shall send written notice to the Owner, at the Owner’s expense, which will state the amount of unpaid assessments, levies and/or charges claimed to be due. This “Delinquency Notice” will be sent by by first-class United States mail to the Owner’s mailing address as reflected in the Association’s records.

12. Notice of Default. If an assessment, levy or charge has not been received by the Association within sixty (60) days of the Delinquency Date (Paragraph 7), the Association will send further notice to the Owner. This “Default Letter” will be sent both by certified mail, return receipt requested, and by first-class United States mail, to the Owner’s mailing address as reflected in the Association’s records and will include the following information: a. The amount of unpaid assessments, levies, charges, interest and collection costs

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to the Owner’s mailing address as reflected in the Association’s records and will include the following information: a. The amount of unpaid assessments, levies, charges, interest and collection costs as may be authorized that are claimed to be due; and b. Notice that if payment is not received by the Association within thirty (30) days of the date of this Default Letter that: a ASSESSMENT COLLECTION POLICY - Page 3 (i) the account may be referred to the Association’s attorney for collection, with the legal costs of such collection to be assessed against the Owner; and (il) the Association may elect to report the Owner’s delinquent account to the Credit Bureau; and C. That the Owner may be eligible for a payment plan with the Association; and d That the Owner may submit a request within thirty (30) days of the date of receipt of the notice for a hearing with the Board to discuss the delinquency; and €. That the Owner may have special rights or relief under federal law, including the Service Members Civil Relief Act, if the Owner is serving on active military duty; and f. Such other information as the Board determines pertinent.

13. Summary of Notices. Attached as Exhibit “A” to this Policy is a summary of the notice procedures.

INTEREST AND COLLECTION COSTS 14. Collection Costs and Handling Charges. In order to recoup for the Association the costs incurred because of the additional administrative expenses associated with collecting delinquent assessments, levies or charges, collection of the following fees and charges are part of the Assessment Collection Policy: a. Any handling charges, administrative fees, collection costs, postage or other expenses incurred by the Association in connection with the collection of any assessment or

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sessment Collection Policy: a. Any handling charges, administrative fees, collection costs, postage or other expenses incurred by the Association in connection with the collection of any assessment or related amount owing beyond the Due Date for such assessment will become due and owing by the Delinquent Owner to the extent authorized by the Association’s governing documents or by law; and b. Any interest on unpaid amounts as may be authorized by the Association’s governing documents or by law; and c. A charge of $25.00 per item will become due and payable for any check tendered to the Association which is dishonored by the drawee of such check, the charge being in addition to any other fee or charge which the Association is entitled to recover from an Owner in connection with collection of assessments owing with respect to such Owner’s lot: and d. Any fee or charge becoming due and payable pursuant to this Paragraph 14 will be added to the amount that is then outstanding and is collectible to the same extent and in the same manner as the assessment, the delinquency of which gave rise to the incurrence of such charge, fee or expense.

APPLICATION OF PAYMENT RECEIVED 15. Application of Funds Received. All monies received by the Association will be applied to amounts outstanding to the extent of, and in the order specified below. The Association may refuse to accept partial payments and payments to which the payer attaches conditions or directions contrary to this Policy, such as a “restrictive endorsement.” The Association’s endorsement and deposit of a payment ASSESSMENT COLLECTION POLICY - Page 4 does not constitute acceptance by the Association. Acceptance occurs when the Association posts the payment to the Owner’s account.

ement and deposit of a payment ASSESSMENT COLLECTION POLICY - Page 4 does not constitute acceptance by the Association. Acceptance occurs when the Association posts the payment to the Owner’s account.

IF AN OWNER TENDERS LESS THAN FULL PAYMENT OF ALL AMOUNTS DUE, TO INCLUDE ANY COLLECTION COSTS AND CHARGES, WITH INSTRUCTIONS OR WITH A RESTRICTIVE ENDORSEMENT THAT THE PAYMENT IS TO BE DEEMED AS “PAYMENT IN FULL” OF ALL AMOUNTS OWED, OR IF THE OWNER SUBMITS PAYMENT WITH SOME FORM OF RESTRICTIVE ENDORSEMENT, OR IF THE OWNER DISPUTES ANY PORTION OF THE DEBT OWED, THE ASSOCIATION’S BOARD OF DIRECTORS WILL MAKE A DETERMINATION AS TO WHETHER THE PAYMENT CAN BE ACCEPTED AND POSTED TO THE OWNER’S ACCOUNT OR BE RETURNED TO THE OWNER.

The Association’s acceptance of a partial payment will not waive the Owner’s obligation to make full payment on the assessment that is due and owing.

Pursuant to Section 209.0063 of the Texas Property Code (effective January 1, 2012), payments received from an Owner will be applied to the Owner’s debt with the Association in the following order of priority, except as provided below: a. First, to any DELINQUENT ASSESSMENTS: b. Next, to any CURRENT ASSESSMENTS: C. Next, to any ATTORNEY’S FEES or THIRD PARTY COLLECTION COSTS incurred by the Association that are ASSOCIATED SOLELY WITH ASSESSMENTS OR ANY OTHER CHARGE THAT COULD PROVIDE THE BASIS FOR THE ASSOCIATION FILING A LIEN AGAINST THE LOT AND/OR THE BASIS FOR FORECLOSURE BY THE ASSOCIATION: d. Next, to ATTORNEY’S FEES incurred by the Association that are NOT THE SUBJECT OF SUBPARAGRAPH “c” ABOVE: €. Next, to any FINES assessed by the Association; and f. Last, to ANY OTHER AMOUNT OWED to the Association.

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RNEY’S FEES incurred by the Association that are NOT THE SUBJECT OF SUBPARAGRAPH “c” ABOVE: €. Next, to any FINES assessed by the Association; and f. Last, to ANY OTHER AMOUNT OWED to the Association.

Provided, however, if the Owner is in default under a payment plan entered into with the Association at the time the Association receives a payment from an Owner, then: a. the Association is not required to apply the payment in the order of priority specified above; and b. in applying the payment, a fine assessed by the Association may not be given priority over any other amount owed to the Association.

LEGAL ACTION TO COLLECT 16. Referral to Legal Counsel. If an Owner remains delinquent in the payment of assessments and related costs for more than thirty (30) days after the sending of the Default Letter as provided for in Paragraph 12 above, the Board may, as soon as possible thereafter, refer the delinquency to the Association’s attomey (“Legal Counsel”) for legal action as required by this Policy. Any attorney's ASSESSMENT COLLECTION POLICY - Page 5 fees and related charges incurred by virtue of legal action taken will become part of the assessment obligation and may be collected as such as provided in this Policy and as may be provided by law.

17. Legal Action. Legal Counsel will take the following actions with regard to delinquencies referred to it upon receipt of a written request from the Board to take a specific collection action: a. Notice Letter. As the initial correspondence to a Delinquent Owner, Legal Counsel will send a notice letter to the Owner on the law firm’s letterhead advising the Owner of the Association’s claim for all outstanding assessments, levies, charges, fines, costs and related

gal Counsel will send a notice letter to the Owner on the law firm’s letterhead advising the Owner of the Association’s claim for all outstanding assessments, levies, charges, fines, costs and related charges, to include adding to the charges the attorney's fees and costs incurred for Legal Counsel's services. This “Notice Letter” will inform the Owner that the Owner may dispute the validity of the amounts owed, in writing, within thirty (30) days of the Owner's receipt of the Notice Letter. If the Owner disputes the amounts owed, Legal Counsel will provide the Owner with verification of the amounts claimed to be due.

b. Title Search. If a Delinquent Owner fails to pay the amounts set forth in the initial Notice Letter sent by Legal Counsel or fails to dispute the amounts within the allotted thirty (30) day period, Legal Counsel will, upon direction from the Board, order a search of the land records to verify current ownership of the lot on which the delinquency exists. If the title report indicates that the Current Owner is someone other than the Delinquent Owner, counsel will communicate that fact to the Board. A determination will then be made by the Board whether to pursue collection of the unpaid assessments from the Delinquent Owner or the Current Owner or both. Based on that determination, the Board will direct Legal Counsel to proceed according to this Policy. Where the title report confirms that the Current Owner is the Delinquent Owner, the Association and Legal Counsel will proceed according to this Policy.

c. Notice of Lien. Where the Board has determined that the delinquency should be the subject of a lien to be recorded against the Owner’s lot, because of the Owner’s failure to pay

ing to this Policy.

c. Notice of Lien. Where the Board has determined that the delinquency should be the subject of a lien to be recorded against the Owner’s lot, because of the Owner’s failure to pay in full all amounts indicated by Legal Counsel’s Notice Letter by the date specified or fails to dispute the debt within the allotted thirty (30) day period, Legal Counsel (upon being requested to do so by the Board), will cause to be prepared, executed by a duly authorized agent of the Association, and recorded in the Real Property Records of Ellis County, a written notice of lien (referred to as the “Notice of Lien”) which sets forth therein the amount of the unpaid indebtedness, the name of the Owner of the lot covered by such lien, and a description of the lot covered by the lien. A copy of the Notice of Lien will be sent to the Owner contemporaneously with the filing of the Notice of Lien with the Ellis County Clerk's office, together with an additional demand that payment in full of all amounts then outstanding be made within thirty (30) days of the date of the transmittal to the Owner of the Notice of Lien.

INITIATING COURT PROCEEDINGS TO COLLECT 18. Civil Lawsuit Against Owner to Collect Amount Owed. If the assessments remain unpaid and delinquent after the expiration of the time period specified in the Association’s demand letter to the Owner informing the Owner of the filing of a Notice of Lien, the Board will determine if the next course of action to collect the unpaid amounts will be to file a civil lawsuit for a personal judgment against the Owner. If the decision is to proceed with a civil suit, the Board will direct Legal Counsel to initiate legal proceedings in a court of competent jurisdiction seeking a personal judgment against the

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e Owner. If the decision is to proceed with a civil suit, the Board will direct Legal Counsel to initiate legal proceedings in a court of competent jurisdiction seeking a personal judgment against the Current Owner and, where different, the Delinquent Owner, or from the Current Owner only, for all amounts owing arising from the unpaid assessments and the collection thereof, including all attorney's fees and costs incurred by the Association.

eee ASSESSMENT COLLECTION POLICY - Page 6 PAYMENT PLANS 19, Payment Plans. Pursuant to Section 209.0062 of the Texas Property Code, effective January 1, 2012, the following guidelines and procedures are established to assist Owners in resolving delinquencies and for remaining current on the payment of amounts owed to the Association by allowing an Owner to make partial payments to the Association for amounts owed without accruing additional penalties.

criteria: (i) (ii) (iii) b.

Eligibility. To be eligible for a payment plan an Owner must meet the following The Owner must currently be delinquent in the payment of regular assessments, special assessments, or any other amounts owed to the Association; The Owner must not have defaulted on a prior payment plan within the prior two year period; and The Owner must submit a signed payment plan as defined below, along with the Owner’s initial payment to the address designated by the Association for correspondence.

Payment Plan Schedule/Guidelines. The following payment plan schedule is available to Owners in order to make partial payments for delinquent amounts owed: (i) (ii) (iii) (iv) Requirements of Payment Plan Request. Within thirty (30) days of the date of the initial letter which informs the Owner of the availability of a payment plan,

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inquent amounts owed: (i) (ii) (iii) (iv) Requirements of Payment Plan Request. Within thirty (30) days of the date of the initial letter which informs the Owner of the availability of a payment plan, an Owner must submit a signed acceptance of the payment plan schedule described below to the Association.

Term. The term of any payment plan approved by the Board will be a minimum of three (3) months duration and no longer than eighteen (18) months from the date of the Owner’s request for the payment plan.

Date of Partial Payments Under the Plan. The Owner must submit the first monthly installment payment under the plan contemporancously with submission of the Owner's payment plan agreement which must be signed by the Owner.

The Owner must make all additional monthly installments under the payment plan so that the payments are received by the Association no later than the first (1“) day of each month. The Owner may pay off, in full, the balance under the payment plan at any time. All payments must be received by the Association by means of the method specified in the payment plan, such as payments being made to the Association’s designated mailing address or through the Association’s online PayPal option. Payments may be made through auto draft bill payment, in check or certified funds, or by credit card (to the extent the Association is set up to receive payment by credit card).

Correspondence. Any correspondence to the Association regarding the amount owed, the payment plan, or such similar correspondence must be sent to the Association’s mailing address. Such correspondence shall not be included with an Owner’s payment.

ASSESSMENT COLLECTION POLICY - Page 7 (v) Amounts Coming Due During the Plan. Owners are responsible for remaining

s mailing address. Such correspondence shall not be included with an Owner’s payment.

ASSESSMENT COLLECTION POLICY - Page 7 (v) Amounts Coming Due During the Plan. Owners are responsible for remaining current on all assessments and other charges coming due during the duration of the Owner’s payment plan and must, therefore, timely submit payment to the Association for any amounts coming due during the duration of the Owner’s payment plan.

(vi) Additional Charges. An Owner’s balance owed to the Association shall not accrue late fees or other monetary penalties (except interest if authorized by law) while the Owner is in compliance with a payment plan under the Association’s alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest on the unpaid balance, calculated at the highest rate allowed by the governing documents or by law. The costs of administering the plan and interest shall be included in calculating the total amount owed under the payment plan and will be included in the payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly monitoring fee of no less than $5.00 per month.

(vil) | Other Payment Arrangements. At the discretion of the Board of Directors, and only for good cause demonstrated by an Owner, the Association may accept payment arrangements offered by Owners which are different from the abovecited guidelines, provided that the term of payments is no less than three (3) months nor longer than eighteen (18) months. The Association’s acceptance of payment arrangements that are different from the approved payment plan

that the term of payments is no less than three (3) months nor longer than eighteen (18) months. The Association’s acceptance of payment arrangements that are different from the approved payment plan schedule/guidelines hereunder shall not be construed as a waiver of these guidelines nor authorize an Owner to be granted a payment plan which differs from the one herein provided.

c. Default of Payment Plan. If an Owner fails to timely submit payment in full of any installment payment (which installment payment must include the principal owed, the administration fees assessed to the plan, and any authorized interest charges), or fails to timely pay any amount coming due during the duration of the plan, the Owner will be in default. If an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. If the Association elects to provide a notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. In addition, the Owner is hereby on notice that he/she will be responsible for any and all costs.

including attorney’s fees, of any additional collection action which the Association pursues.

d. Board Discretion. Any Owner who is not eligible for a payment plan under the Association’s alternate payment plan schedule may submit a written request to the Board for the Association to grant the Owner an alternate payment plan. Any such request must be directed to the person or entity currently handling the collection of the Owner’s debt (i.e. the Association’s management company or the Association’s attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan, will be at the sole discretion of the

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tion’s management company or the Association’s attorney). The decision to grant or deny an alternate payment plan, and the terms and conditions for any such plan, will be at the sole discretion of the Association’s Board of Directors.

REPORTING TO CREDIT AGENCIES 20. Credit Bureaus. To the extent allowed by law, the Association, at the discretion of the Board of Directors, may notify any credit bureau of an Owner's delinquency. The Association will notify ASSESSMENT COLLECTION POLICY - Page 8 the Owner that it has filed such a report and will comply with any local, state, or federal laws in connection with the filing of such report.

SUSPENSION OF MEMBERSHIP PRIVILEGES 21, Suspension of Privileges. Article X, Section 1 of the Association’s By-Laws authorizes the Board of Directors to suspend a Member’s right to vote on Association matters and/or suspend a Member’s use of Association common areas if the Member is delinquent in the payment of assessments.

However, a new provision of the Texas Property Code effective January 1, 2012, invalidates the suspension of voting privileges as a result of a Member’s delinquency. This new provision of the law will take priority over any provision in the Association’s governing documents which authorizes the suspension of a Member’s privileges if the Member is delinquent in the payment of amounts owed to the Association.

IT IS FURTHER RESOLVED that this Assessment Collection Policy shall apply only to an assessment or other debt that becomes due on or after January 1, 2012.

IT IS FURTHER RESOLVED that this Assessment Collection Policy shall be effective as of January 1, 2012, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing resolution was adopted by the Board of Directors at a

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shall be effective as of January 1, 2012, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing resolution was adopted by the Board of Directors at a rescinded or revoked.

/ (QUAL Linon Secretary [ EXHIBIT “A” ON NEXT PAGE ] ee ASSESSMENT COLLECTION POLICY - Page 9 EXHIBIT “A” SUMMARY OF NOTICE PROCEDURES Notice of Amount Due -- 30 days before Due Date No less than thirty (30) days before the Due Date (Paragraph 6), the Association will mail the notice of assessment or invoice for the amount due to the Owner.

v Due Date -- Date payment is to be received by the Association.

See Paragraph 6 v Optional Reminder Notice -- \0 days after Due Date No earlier than ten (10) days after the Due Date, if payment is not received, the Association may send the Owner a courtesy Reminder Notice (Paragraph 10) L Notice of Delinquency -- 30 days after Due Date No earlier than thirty (30) days after the Due Date, if payment is not received, the Association may send the Delinquency Notice.

L Notice of Default -- 30 days after Notice of Delinquency 60 days after Due Date No earlier than thirty (60) days after the Due Date, if payment is not received, the Association may send the Notice of Default.

1 Referral to Attorney for Collection -- 30 days after Notice of Default 90 days after Due Date No earlier than thirty (30) days after the date the Notice of Default is mailed to the Owner, if payment is not received, the Association may refer the unpaid account to the Association’s attorney for further collection action.

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