ELECTRONICALLY RECORDED 201800109015 PROPERTY OWNERS' ASSOCIATON 5th 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.
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Subdivision Location: Duck Creek Estates Garland, TX Name of Homeowners Association: Duck Creek Estates Homeowners Association, Inc.
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Recording Data for Association: Plat is filed at Dallas County in Cabinet 180, pg 02087.
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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 filed at the County under Document #201500014059 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
ection 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 Architectural Guidelines for: Solar Panels, Flag and Flag Poles, Roof Shingles, Rain Barrels and Religious Symbol Displays 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 The following resolutions, policies and guidelines are filed under Doc #201600039797.
Incurable Violation Enforcement Policy; Electronic and Telephonic Action Policy; Payment Plan Policy; Solar Energy Device Guidelines; Standby Electric Generators Duck Creek Estates Homeowners Association, Inc. Billing Policy and Payment Plan Guidelines are filed with and attached to this Certificate.
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Mailing Address and Contact Information for the Association and the Managing Agent: Spectrum Association Management, LP 5212 Tennyson Pkwy, Ste. 130 Plano, TX 75024 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:
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 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 25 day of April 2018 Duck Creek Estates Homeowners Association, Inc.
By: State of Texas County of Dallas Shelby Schilleci (of Spectrum Association Management) Managing Agent § § This Instrument was acknowledged and signed before me on 25€ APRi Shelby Schilleci, representative of Spectrum Association Management, LP, the Managing Agent for Duck Creek Estates Association, Inc. on behalf of said Association.
After Recording Return To: Spectrum Association Management, LP Attn: Transitions 17319 San Pedro, #318 San Antonio, TX 78232 Notary Public, State of Texas OTARYFUBUC STATE O OF TEXAS JESSICA K RIEGELSBERGER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 2/24/21
t, LP Attn: Transitions 17319 San Pedro, #318 San Antonio, TX 78232 Notary Public, State of Texas OTARYFUBUC STATE O OF TEXAS JESSICA K RIEGELSBERGER NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 2/24/21 NOTARY ID 13102203-4 2018 by 1 DUCK CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.
BILLING POLICY AND PAYMENT PLAN GUIDELINES STATE OF TEXAS COUNTY OF DALLAS WHEREAS, the Declaration of Protective Covenants ("Declaration") of Duck Creek Estates Homeowners Association, Inc. ("Association"), a Texas non-profit corporation, grants the authority to the Board of Directors ("the Board") to establish a budget, set the amount of the assessments, and adopt a procedure to bill and collect assessments and other charges of the Association; and WHEREAS, pursuant to Chapter 209 of the Texas Property Code, the Board of the Association hereby adopts these Guidelines for the purposes of establishing a procedure to bill for assessments and other charges of the Association and identify the guidelines under which an owner may request an alternative payment schedule for certain assessments and charges; and WHEREAS, the Board has determined that it is in the best interest of the Association to establish these Guidelines; NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt the attached Billing Policy and Payment Plan Guidelines. This Policy replaces any previously recorded or implemented policy that addresses the subjects contained therein.
I hereby certify that, as President Certification of the Duck Creek Estates Homeowners Association, Inc., the attached Billing Policy and Payment Plan Guidelines were approved on the 18 day of April 20 18 at a meeting of the Board of Directors at which a quorum was present.
Signature: K Printed Name: Kendra Frederick-SmAh Title: President
yment Plan Guidelines were approved on the 18 day of April 20 18 at a meeting of the Board of Directors at which a quorum was present.
Signature: K Printed Name: Kendra Frederick-SmAh Title: President Date: 4/18/18 DUCK CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.
BILLING POLICY AND PAYMENT PLAN GUIDELINES I. BILLING POLICY 1.
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ASSESSMENT PERIOD The Board of Directors ("Board") has the duty of establishing and adopting an annual budget, in advance, for each fiscal year of the Association covering the estimated costs of operation of the Association during each calendar year.
NOTICE The Board shall fix the amount of the assessment against each lot for the following year pursuant to the Declaration and the annual budget each fiscal year. A written notice, or electronic notice allowable pursuant to Chapter 209 of the Texas Property Code, of the assessment may be sent to every owner subject to the assessment. Failure to receive notice will not negate an owner's responsibility or provide an entitlement to reduction or removal of assessments, interest, fines, or costs of collecting past due balances, if such notice was sent via regular mail to the most recent address of the owner according to Association records or sent by electronic means to the device or email address in the Association records when an owner has opted to receive notices by electronic means in accordance with Chapter 209 of the Texas Property Code.
Each owner shall have the obligation to notify the Association in writing of any change in address or change of electronic delivery which shall become effective five days after written notice has been received by the Association. Notices will be deemed delivered to the owner upon depositing the notice with the U.S. Postal
delivery which shall become effective five days after written notice has been received by the Association. Notices will be deemed delivered to the owner upon depositing the notice with the U.S. Postal Service, or by delivery through a delivery service to the owner or owner's address, or by sending the notice by electronic means as designated by the owner in the Association's records.
DUE DATE All assessments are due and payable the first calendar day of the billing period, or in such a manner determined by the Board in its sole and absolute discretion. If any amount due the Association is not paid on the date when due, then such amounts shall be considered past due. When the account becomes past due, it remains as such until such time as it is paid in full, including assessments, fines, interest, late fees, and costs associated with collecting past due amounts.
INTEREST If the assessment is not paid by the due date, the assessment may bear interest from the due date at the rate set forth in the Declaration until the assessment is paid in full.
LATE FEES If the assessment is not paid by the due date, the Association may levy a late charge pursuant to the amount, if any, provided for in the Declaration until paid in full.
COSTS FOR COLLECTING PAST DUE AMOUNTS Per the Declaration, the owner is responsible for paying the Association any costs of collecting past due amounts. Costs the Association may incur or be responsible for and then add to the owner's account may include, but are not limited to: administrative oversight, hand delivery notification, certified mail, title searches, amounts related to staff servicing past due accounts, ownership mailing address verification, document
limited to: administrative oversight, hand delivery notification, certified mail, title searches, amounts related to staff servicing past due accounts, ownership mailing address verification, document preparation, amounts related to making staff available for communication with past due owners, file review costs, filing fees, and other costs.
In addition, pursuant to Texas Property Code, the Association may incur or be responsible for third party costs that an owner is then responsible for paying which may include, but are not limited to: attorney's fees and costs, court costs, filing fees, and other costs.
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PAST DUE NOTIFICATION In the event an amount remains unpaid after the due date, past due notices may be sent from the Association to the owner(s) each month the amount remains past due. The Association may send written notice on or about every thirty (30) days until such time the account is paid in full.
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The Association may choose to cause work to be done in an effort to properly bill the owners and to fulfill the Board's duty to bill and collect all assessments. The Association may state in past due correspondence to the owner the nature of any additional work to be done on the owner's account and the corresponding cost to the Association that will be billed by the Association to the owner's account if the owner fails to pay in full by the due date.
Past due notices will contain a statement that the entire remaining unpaid balance is due and that the owner is entitled to a payment plan. In the event the owner chooses to enter a payment plan, in addition to interest, a monthly charge may be added to the owner's balance for administrative costs related to the payment plan and
ent plan. In the event the owner chooses to enter a payment plan, in addition to interest, a monthly charge may be added to the owner's balance for administrative costs related to the payment plan and such additional administrative costs may continue until the entire balance is paid in full.
FINAL NOTICE PRIOR TO REFERRAL TO A THIRD PARTY In the event an amount due remains unpaid for a period of more than one hundred and twenty (120) days beyond the due date set forth on the initial notice of amounts due to the Association, or in the event an owner does not fulfill the terms of a payment plan agreement, the Board may vote in a meeting to send a Final Notice to the owner.
The Final Notice will be sent via certified mail pursuant to Section 209.0064 of the Texas Property Code and will set forth the following information: amounts due, including all past due assessments, interest, late fees, costs and any other amounts outstanding; a period of at least thirty (30) days for the owner to pay the amounts due; the availability of a payment plan if the owner is entitled to a payment plan as described in Section II of this document; notice of the owner's past due amounts being referred from the Association's handling to a third party collection agent or attorney if the amount remains unpaid after the referenced thirty (30) day period; and notice that any attorney's fees and costs will be charged to the owner's account.
REFERRAL OF ACCOUNT TO A THIRD PARTY – ESCALATED BILLING STATUS Past due accounts referred to the Association's attorney for legal action may, per the Declaration of the Association, be charged interest, late fees, costs to the Association related to the administrative monitoring of an
rred to the Association's attorney for legal action may, per the Declaration of the Association, be charged interest, late fees, costs to the Association related to the administrative monitoring of an owner's account, and costs of the third party attorney's office. The costs for maintaining and monitoring accounts in an escalated billing status may include, but are not limited to: correspondence to and from the attorney, regular updates from the attorney to the Board, coordination with the Board related to the owner's file, processing invoices and partial payments, notary services, periodic review of the file, providing updated monthly statements to the attorney's office; producing documents, and when requested, information requests such as, confirmation of occupancy of property, identification of vehicles, etc.
Upon referral of an owner's account to a third party attorney's office, the attorney is authorized to take whatever action is necessary, in consultation with the Board, including but not limited to: sending demand letters, filing a lawsuit against the past due owner for a money judgment, instituting a foreclosure or expedited foreclosure action; and, filing necessary claims, objections and motions in the bankruptcy court and monitoring the bankruptcy case in order to protect the Association's interests.
10. PAYMENTS RETURNED FOR NON-SUFFICIENT FUNDS An owner may be charged for costs related to a check that is returned for non-sufficient funds.
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COMMON AREA If a hearing is not requested within 30 days from the date the past due notice is mailed to the owner, the owner's use of recreational facilities and common properties may be suspended.
II. PAYMENT PLAN GUIDELINES
is not requested within 30 days from the date the past due notice is mailed to the owner, the owner's use of recreational facilities and common properties may be suspended.
II. PAYMENT PLAN GUIDELINES The Association hereby establishes an alternative payment schedule by which an owner may make partial payments to the Association for past due regular or special assessments or any other amounts owed to the Association without accruing monetary penalties. Monetary penalties do not include interest or reasonable 1.
costs associated with administering the payment plan. Any late fees imposed prior to a request for a payment plan may be made part of such payment plan at the discretion of the Board. The payment plan schedule and policy is as follows: A payment plan term shall be determined at the discretion of the Board, but shall have a minimum term of not less than 3 months; 2.
The Association may use its discretion to determine the maximum term of a payment plan; 3. The Association may set up, without the need for a case by case vote by the Board, a payment plan allowing up to 12 consecutive monthly installments; 4.
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An owner may submit a request for a payment plan that does not meet the foregoing guidelines and may provide any information they wish the Board to consider. The Board may approve or disapprove such payment plan, in its sole discretion, as long as the minimum term of the payment plan offered by the Association is not less than 3 months; All payments shall be due by the date specified in the payment plan; 6. Failure by an owner to make a payment by the due date specified in the payment plan shall be considered a default of the payment plan; 7. The Association is not required to enter into a payment plan with an owner who failed to honor the terms of a
e date specified in the payment plan shall be considered a default of the payment plan; 7. The Association is not required to enter into a payment plan with an owner who failed to honor the terms of a previous payment plan during the two (2) years following the owner's default under a previous payment plan; 8.
If an owner requests a payment plan that will extend into the next assessment cycle, the owner may be required to pay future assessments by the due date of those assessments in addition to the payments specified in the payment plan; 9. Pursuant to Section 209.0064(b)(3) of the Texas Property Code the Association is not required to offer a payment plan to an owner after the thirty (30) day period to pay the past due balance in the final notice has expired; 10. The Association is not required to allow an owner to enter into a payment plan more than once in any twelve (12) month period; 11. The Association is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan.
III. General Provisions 1. Independent Judgment 2.
Notwithstanding the contents of this detailed policy, the officers, directors, and manager of the Association may exercise their independent, collective, and respective judgment in applying this policy.
Other Rights This policy is in addition to and is not intended to detract from or limit the rights of the Association to bill assessments under the Association's Declaration and the laws of the State of Texas.
3. Application of Payments 4.
A payment received by the Association shall be applied in accordance with Section 209.0063 of the Texas Property Code. The acceptance of a partial payment on an owner's account does not constitute a waiver of the
ceived by the Association shall be applied in accordance with Section 209.0063 of the Texas Property Code. The acceptance of a partial payment on an owner's account does not constitute a waiver of the Association's right to collect the full outstanding balance due on an owner's account.
Replacement and Amendment of Policy This policy replaces any previously recorded or implemented policy that addresses the subjects contained herein. The Board of Directors may amend this policy from time to time.
Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 04/26/2018 10:54:38 AM $50.00 201800109015 COL TY OF DALLAS