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HOA: Duck Creek Estates HOA, Inc.
Document: Duck Creek Estates HOA, Inc./assessmentcollectionpolicy.pdf
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PROPERTY OWNERS' ASSOCIATON 3rd AMENDMENT TO THE MANAGEMENT
CERTIFICATE FOR DUCK CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.
This Management Certificate is recorded pursuant to Section 209.004 of the Texas Property Code.
This amends all prior Management Certificates filed for this association:
State of Texas
§
County of Dallas
§
1.
Name of Subdivision:
2.
Subdivision Location:
3.
Duck Creek Estates
Garland, TX
Name of Homeowners Association: Duck Creek Estates Homeowners Association, Inc.
4.
Recording Data for Association:
Plat is filed at Dallas County in Cabinet 180, pg 02087.
5.
Recording Data for Declaration:
6.
Bylaws:
Declaration of Covenants, Conditions and Restrictions filed
10/10/2000 under Doc# 200020302220, Cabinet 180,
Pg. 02087 in Dallas County.
Bylaws signed on 9/26/2000 are attached to and filed with
Doc#201300351637
Articles of Incorporation and Certificate of Incorporation: Filed with the Secretary of State of
Texas on 10/5/2000
Certificate of Dissolution:
Filed with the Secretary of state of Texas on 8/1/2005
Assessment Collection Policy for Duck Creek Estates Homeowners Association signed
1/14/2015 is attached to and filed with this Certificate.
Resolution adopted by the Board of Directors to Revoke Unauthorized Articles of Incorporation
and Revocation of Duplicate Certificate of Incorporation signed 5/2/2005 is attached to and filed
with Doc# 201300351637
Resolutions/Policies:
All policies are filed under Doc# 201200007035
Administrative Resolution No. 2006001
Collection Policy signed 7/11/2006
Administrative Resolution No. 2008001
Collection Policy signed 11/10/2008
Record Retention Policy
Records Inspection Policy
Payment Plan Policy
Email Registration Policy
Membership Voting Policy
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/2006
Administrative Resolution No. 2008001
Collection Policy signed 11/10/2008
Record Retention Policy
Records Inspection Policy
Payment Plan Policy
Email Registration Policy
Membership Voting Policy
Architectural Guidelines for:
Solar Panels, Flag and Flag Poles, Roof Shingles, Rain Barrels and Religious Symbol Displays
7.
8.
Fine Policy signed 1/16/2006 filed at Dallas County under Doc# 20070185218
Resolutions/Policies/Guidelines: All policies are attached to and filed with
Doc# 201300251637
Collection Policy
Violation Policy
Record Retention Policy
Records Inspection Policy
Payment Plan Policy
Email Registration Policy
Membership Voting Policy
Guidelines for Drought Resistant Landscaping and Natural Turf
Conflict of Interest Policy
Guidelines for Flag Display
Religious Items Display Guidelines
Solar Energy Device Guidelines
Roofing Material Guidelines
Rainwater Collection Guidelines
Application of Payments Policy
Mailing Address and Contact Information for the Association and the Managing Agent:
Spectrum Association Management, LP
555 Republic Drive
Plano, TX 75074
972-992-3444 Fax: 372-992-3440
[email protected]
Other information the Association considered appropriate for the governing, administration or
operation of the subdivision and homeowners association:
Prospective purchasers are advised to independently examine the Declaration, Bylaws, and all other governing
documents of Association, together with obtaining an official Resale Certificate and performing a comprehensive
physical inspection of the lot/home and common areas, prior to purchase.
THE PURPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUFFICIENT FOR A TITLE COMPANY TO CORRECTLY
IDENTIFY THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO
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URPOSE OF THIS CERTIFICATE IS TO PROVIDE INFORMATION SUFFICIENT FOR A TITLE COMPANY TO CORRECTLY
IDENTIFY THE SUBDIVISION AND TO CONTACT ITS GOVERNING ASSOCIATION. THIS CERTIFICATE DOES NOT PURPORT TO
IDENTIFY EVERY PUBLICLY RECORDED DOCUMENT AFFECTING THE SUBDIVISION, OR TO REPORT EVERY PIECE OF
INFORMATION PERTINENT TO THE SUBDIVISION. NO PERSON SHOULD RELY ON THIS CERTIFICATE FOR ANYTHING OTHER
THAN INSTRUCTIONS FOR CONTACTING THE ASSOCIATION IN CONNECTION WITH THE TRANSFER OF TITLE TO A HOME IN THE
SUBDIVISION. THE REGISTERED AGENT FOR THE ASSOCIATION IS ON FILE WITH THE TEXAS SECRETARY OF STATE.
Signed this
14
day of
2015
Duck Creek Estates Homeowners Association, Inc.
Данкеш
By: S. Cbee
State of Texas
County of Dallas
Kathleen S. Able (of Spectrum Association Management) Managing Agent
This Instrument was acknowledged and signed before me on
Kathleen S. Able
17. January
2015 by
representative of Spectrum Association Management, LP, the Managing Agent for
Duck Creek Estates Association, Inc. on behalf of said Association.
After Recording Return To:
Janifer nut
Spectrum Association Management, LP
Attn: K Able
17319 San Pedro, #318
San Antonio, TX 78232
Jennifer Nutt
NOTAR
PUBLI
PUBLI
Notary Public, State of Texas
OF
JENNIFER NUTT
Notary Public, State of Texas
My Commission Expires
October 02, 2017
Duck Creek Estates Homeowners Association, Inc.
Schedule of Collection Procedures / Collection Policy
Collection Action *
1st Notice: Courtesy Notice
2nd Notice: Notice of intent to
perform a title search
3rd Notice: Notice to evaluate
property's debt security (sent by
certified mail)
4th Notice: Notice to Turnover to
Collection Agent/Attorney (sent by
certified mail)
Late Charge
Per governing documents $20
Per governing documents $20
Per governing documents $20
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by
certified mail)
4th Notice: Notice to Turnover to
Collection Agent/Attorney (sent by
certified mail)
Late Charge
Per governing documents $20
Per governing documents $20
Per governing documents $20
Per governing documents $20
Board Approval needed to send to
attorney
Texas Property Code 209 $20
Administrative Fee
Other Fees
N/A
N/A
$50 Title Search Fee charged
to owner's account
$150 Escalated Property
Processing fee charged to
owner's account.
$30 Statutory Notice fee
charged to owner's account.
209 Notice: 30 day cure notice is
sent to prior to account being sent to
attorney
Sent to attorney
Per governing documents $20
$90 fee to process file to third
party debt collector. Owner is
responsible for all attorneys'
fees/court costs paid by and/or
charged to the Association.
* Collection Action: The first notice is sent after the late date per the governing documents. The second and subsequent
notices are sent roughly thirty days apart from each other each requiring a payment due date before the next step in the
collection process takes place. If a homeowner pays in full before the payment due date then collection action will cease on that
homeowners account.
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 first to delinquent assessment, current assessments, attorney's fees, fines and last to other
amounts owed such as collection fee, late fees and interest.
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 Spectrum and reimbursed by the homeowner.
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meowner'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 Spectrum and reimbursed by the homeowner.
The monthly ($20) collection fee is charged to the homeowners account each month the account remains delinquent and is paid
to Spectrum when the homeowner pays. The ($50) title search fee (if applicable) and the ($150) notice of lien fee (if
applicable) are paid to Spectrum when the service is rendered and charged to the homeowners account for reimbursement of
charges incurred.
Payment Plans: Payment plans shall be approved by management for extenuating circumstances and/or at management's
discretion. 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.
Collection of Account by HOA Attorney: Once an account is turned over to the association's attorney all methods of
collection shall be pursued. If the homeowner does not respond to the attorney's demand letter a lawsuit shall be filed and a
judgment obtained. If the homeowner fails to respond to the aforementioned action by making payment in full or by signing an
approved payment plan then the home shall be foreclosed in accordance with the governing documents and the current state
law. Once the home is foreclosed the Association shall move to evict the residents, collect payment for rent, and/or sell the
home in accordance with state law.
Other: This policy may be amended and/or adjusted by the Board of Directors from time to time without notice. Homeowners
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s, collect payment for rent, and/or sell the
home in accordance with state law.
Other: This policy may be amended and/or adjusted by the Board of Directors from time to time without notice. 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 assistance in making payment arrangements.
STATE OF TEXAS
COUNTY OF DALLAS
Assessment Collection Policy for the
Duck Creek Estates Homeowners Association, Inc.
cosess cos
Pursuant to the Bylaws of the Duck Creek Estates Homeowners Association, Inc. referenced above (referred to
as "Association") and the Declaration of Protective Covenants, the Directors of the Duck Creek Estates
Homeowners Association Inc., a Texas non-profit corporation, consent to the adoption of the following
resolution:
RE: Assessment Collections Policy
WHEREAS:
1. Pursuant to Chapter 209 of the Texas Property Code, the Board of Directors of the Association hereby
adopts this policy for the purposes of establishing a uniform and systematic procedure to collect
assessments and other charges of the Association; and
2. The Association's economic well-being relies on the timely payment of assessments and other
allowable charges.
3. It is the Board's duty to use its best efforts to collect funds owed to the Association.
BE RESOLVED THAT:
1. Amounts payable to the Association include, but are not limited to, regular assessments, special
assessments, rules enforcement fees, repairs to the common areas that are an owner's responsibility, the
cost of collection including but not limited to late fees, administrative fees, legal fees and other costs
associated with collection of funds on behalf of the Association.
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owner's responsibility, the
cost of collection including but not limited to late fees, administrative fees, legal fees and other costs
associated with collection of funds on behalf of the Association.
2. The procedures in the Assessment Collection Schedule (attached) shall be the assessment collection
policy of the Association and shall be enforced.
EFFECTIVE DATE:
January 30, 2015
Authorized Board Member Signature:
Kadu
Judever Sminkbo
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
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$42.00
COUNTY
BALLAS
OF
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