2023 - 2023006918 08/10/2023 01:20 PM Page 1 of 6 sS XR Dangfig Bear Property Owners’ Association, Inc.
: COLLECTION POLICY > &Y wh S THE STATE OF S S S : S SS RX W COUNTY, QSBANDERA & MEDINA § oe ee as ullee: , President of Dancing gr Property Owners’ AQKeiation, Inc. (“Association”), do hereby certify that in the open sessiog a properly noticed meeting of the Board of Directors (“Board”) of the Association, duly called and held on the QO day of S une , 2023, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Collection Policy was duly approved by at least a majority vote of the members of the Board present at the meeting.
oe RECITALS: ss 9 WHEREAS, the 4 Vion is charged with administering and enforcing those cena covenants, conditions an ictions contained in the recorded Declarations for the various sectj f the community (referr collectively as “Declarations”); and © WHE Sr Declarations provide for mandatory assessments to be paid byt Dwner in the Associati embers”) as well as certain penalties for non-payment; and S Q . REAS, the Association utilizes a management company (“Ma r’) and an attorney represesiting the Association (“Attorney”) to carry out the process for levying collecting assessments es at the direction of the Board; and ys WHEREAS, the Board desires to document and publish its uniform and consistent approach to collecting assessments and other fees owed to the Association by its Members.
NOW, THEREFORE, the Board has duly adopted the Collection Policy for the Association as described below: . s QUOLLEcTION PoLicy: & (1) Establish Assessmenty@te Association through its Board shall set the annual assessment at log
s duly adopted the Collection Policy for the Association as described below: . s QUOLLEcTION PoLicy: & (1) Establish Assessmenty@te Association through its Board shall set the annual assessment at log thirty (30) days in gesitice of the assessment period. ww mail to ea ember a statement of the Member’s account at the mailing address rovided in writin the Member to the Association along with a copy of the operate udget for the upcok&yitg year once approved by the Board. See Sections 13 and 17 below. C5 aN OY e e S (2) Notice of AssQSmnent. At least thirty (30) days in advance of the due date, the - on shall Collection Policy es Dancing Bear Property Owners’ QSSRiation, Inc.
NO we we (3) (4) Qin (5) (6) (7) (8) (9) (10) 2023 - 2023006918 08/10/2023 01:20 PM Page 2 of 6 Due Date. Thayeinual assessment shall be due in full on January 1%. Any assessment portion of assessngey not paid within thirty (30) days of the due date shall be considered ay ue and be subject t ‘erest at a rate of ten percent (10%) per annum. Interest shall be agWNéd on the last busines) ay of each month calculated on the outstanding assessment balay -Payment Option. The Board may, in its sole and absolute discreigeha without obligation, er an automatic multi-payment option for the annual assessment w yy a Member may make ultiple payments prior to the overdue date. If offered, each er would be sent multiple coupons for installment payments. By way of example, a coupon may be provided to pay the full balance by January 1‘ along with three coupons to pay 1/3 of the assessment on November 15", December 15" and January 15". The Member would be able to take advantage of their preferred option without a need to establish a formal payment plan with the Association.
e assessment on November 15", December 15" and January 15". The Member would be able to take advantage of their preferred option without a need to establish a formal payment plan with the Association.
Past Due Notice. If the assessment is not paid within thirty (30) days of the due date, an administrative fee of $80 will be added to the Member’s account in February. A delinquent statement will be mailed to the Member with a due date at the end of February. Notice may be provided of the next step in the Gllections process if payment is not received by the due date.
Certified Demand Lette¢ Rre assessment is not paid in full and no payment plan has been established by the end ébruary, an administrative fee of $120 will be added to the Memb account in March. er past due statement will be mailed to the Member with a due date, end of March. A cehind letter will be included explaining the next step in the collections SS if payment is n iPsived by the due date. This letter is sent by certified mail and contai guage required und Texas Property Code.
Lien A: Sie If the assessment is not paid in full and no payment plan has Gn established withig Marty (30) days of receipt of the certified letter from above, a Lien Cl ffidavit may be prepgréd and filed in the county public records listing the amount of the deinquency, the interest on, the costs of collection, the legal description and street addre the property, and the ember’s name. The document will be prepared and filed by an a . A $380 administrative fee will be added to the Member’s account. This fee covers the ex S associated with both the lien and subsequent release.
Notification of Lien. When the recorded Lien Claim Affidavit is returned from the county clerk's
to the Member’s account. This fee covers the ex S associated with both the lien and subsequent release.
Notification of Lien. When the recorded Lien Claim Affidavit is returned from the county clerk's office, a copy of the document may be mailed to the Member with a cover letter stating the next Step in the collections process if payment is not received by the due date.
Attorney Recommendation. If the assessment is not paid in full and no payment plan is established by the due date, Manager may make recommendations to the Board for turning Attorney Letter. For Ries approved for an Attorney demand letter, Manager verifi ce ownership through a puhic records search or title search. Once ownership is verified, a $ a administrative fee i ed to the Member’s account and a package is prepared for the Ape.
Manager sends ‘count history and the title verification to the Attorney with a requegt) ta demand eter geht 2023 - 2023006918 08/10/2023 01:20 PM Page 3 of 6 Dancing Bear Property Owners’ Al Collection Policy > Oe oO Page 3 of 5 & & s SS (11) Legal Prgtbures. The Attorney will follow the steps of their normal collecti SS rocedure in compli with all applicable laws. The Board will be asked to authorize acfoggah the collections pro as needed, including (1) To file a lawsuit, if necessary. (2) To proces ith post-judgment r@vedies, if necessary. “AN S Ss AS Subsequent Delinquencies. For the duration of time that further ection efforts are occurring through the Association’s Attorney, any subsequent annual assessment that becomes delinquent is subject to normal administrative fees assessed as outlined herein. No statement beyond the annual assessment statement is required to be sent to the Member.
nnual assessment that becomes delinquent is subject to normal administrative fees assessed as outlined herein. No statement beyond the annual assessment statement is required to be sent to the Member.
(13) Payment Method. Payments by check or money order should be mailed directly to the Association’s bank using the coupon provided with each statement. Alternatively, payments may be made online through www.ciaservices.com on the Association’s bank’s secure website by credit card or electronic check. A banjxconvenience fee may be charged for online payments. In addition, payments by check or mon er are accepted at any office of the Manager or Association office if any. Cash is not acce at any office of the Manager or Association office, if any. \ “s ms (14) Payment Receipt QB ments are considered received on the business day received. PeGthtark dates are not ceed or considered relevant. Members should allow for delivery gs when making pay we S < SS (15) Paym lan. All collection actions are halted when a payment plan is age by the Board, estapns ed, executed by the Member and kept active. A payment plan b es effective when t ember submits their signature on the Payment Plan Agreement ob ax from Manager along ih their first payment required under the plan. Interest continues to on unpaid assessments ys while a payment plan is active. The establishment and maintenanc&§g¥ payment plans is described in detail in the Association’s Payment Plan Policy.
(16) Bankruptcy. All delinquent collection actions are halted when a Member files bankruptcy. Once the Association receives official notice of the bankruptcy, a Proof of Claim is filed with the federal Bankruptcy Court as a secured creditor. While in bankruptcy, statements will not be sent to
Once the Association receives official notice of the bankruptcy, a Proof of Claim is filed with the federal Bankruptcy Court as a secured creditor. While in bankruptcy, statements will not be sent to Member. However, a notice will be sent to the Member announcing the next year’s assessment once it is set by the Board. This notice is not an attempt to collect a debt.
(17) Resuming Collections. Eye @butar collections process is placed on hold by a payment plan or interrupted by a change a botnersip or other factor, the schedule described above may be adjust on a particular accountaethe process may restart from the beginning, for example in the case, change in ownershi@y resume where it left off, for example in the case of a voided paym an.
the Mem@&S mailing address. Although the Association may be notified of a ress change based forwarding order provided by the U.S. Postal Service, such noticg > ot a guarantee and Qs not fulfill the Member's obligation to the Association.
Sy Ss ww we (18) Change of yee It is the Member's responsibility to notify the Association of gorse in S ss ss on Inc. oe Ss SS 2023 - 2023006918 08/10/2023 01:20 PM Page 4 of 6 Dancing Bear Property Owners’ Son Inc.
Collection Policy Page 4 of 5 & & (19) Required gs Nothing contained herein, not otherwise required by the Declar, Ns ¥ by law, e Association to take any of the actions contained herein. The As ion’s Board shall req of oes have the right, but not the obligation, to evaluate each ons cy on a case-byce sis and proceed with collection activity as in its best judgment deena, asonable.
ss SS This Policy replaces and supersedes any previous collection policy (or similarly named document), if any, adopted by the Association
on activity as in its best judgment deena, asonable.
ss SS This Policy replaces and supersedes any previous collection policy (or similarly named document), if any, adopted by the Association I hereby certify that I am the duly elected, qualified and acting President of the Association and that the foregoing Collection Policy was approved by at least a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Bandera and Medina County, Texas. S\ se ww L/ w S S & Name: Wayne Bullock & y Sy cs Title: President ce se? ge?
@ SQSTE OF TEXAS § § COUNTY OF BANDERA & MEDINA § Before me, the undersigned authority, on this day personally appeared Wayne Bullock, President of Dancing Bear Property Owners’ Association, a Texas corporation, known to me 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 stated.
Ss ss cs Given under my hand of of office this io day of , 2023.
ee > ee } reenae PeBiic Notary}Public, State of Texas gf Sehreeezzs | rinted Name: (sia My commission expires: IFRS 2023 2023006918 08/10/2023 01:20 PM Page 5 of 6 Dancing Bear Property Owners Collection Policy Page 5 of 5 After recording, sociation, Inc.
ase return to: Medina County Unofficial Go Dancing Bear Property Owners' Association, Inc.
c/o C.I.A. Services, Inc.
PO Box 465 Bear Springs Road Creek, TX 78063-3178 Medina County Unofficial Copy Medina County Unofficial Copy
ty Unofficial Go Dancing Bear Property Owners' Association, Inc.
c/o C.I.A. Services, Inc.
PO Box 465 Bear Springs Road Creek, TX 78063-3178 Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy Medina County Unofficial Copy 2023-2023006918 08/10/2023 1:23 PM Page 6 of 6 Medina County Gina Champion Medina County Clerk ss mate Gdinves 2023006918 ing - Real Property x\ DECLARATION Recorded On: August 10, 2023 0 Oo Number of Pages: 6 aS “ Examined and Charged as Follows: " Total Recording: $4 W srexeeeeeet THIS PAGE IS PART OF THE INS NT *tteeeeenee Any provision herein which restricts the Sale, Rental or u described REAL PROPERTY because of color or race is invalid and unenfc e under federal law.
~ File Information: ‘ oe Record and Return To: Document Number: 2023006918 wy CSC Receipt Number: 20230810000022 © Recorded Date/Time: August 10, 2023 01:2 s User: Jaylen P S\ Station: cccash2 Ss STATE OF T' MEDINA Ther rs ify that this Instrument was FILED In the File Number sequence on the date/time py ereon, and was duly RECORDED in the Official Records of Medina County, Texas.
BN ranpon " . W dina County Clerk Medina County, TX