AFTER RECORDING RETURN TO: ROBERT D. BURTON, ESQ.
WINSTEAD PC 401 CONGRESS A VE., SUITE 2100 AUSTIN, TEXAS 78701 EMAIL: [email protected] HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL SUPPLEMENTAL POLICIES AND RULES ADOPTED PURSUANT TO THE 2023 LEGISLATIVE SESSION Cross-reference to Hidden Trails Master Covenant (Residential], recorded as Document No. 201706003137 Official Public Records of Comal County, Texas, as amended from time to time; and Hidden Trails Community Manual, recorded as Document No. 201706041281, Official Public Records of Comal County, Texas.
HIDDEN TRAILS COMMUNITY ASSOCIATION, INC.
SUPPLEMENTAL POLICIES TABLE OF CONTENTS 1.
2. AMENDED AND RESTATED FINE & ENFORCEMENT POLICY AMENDED AND RESTATED ASSESSMENT COLLECTION POLICY TABA TABB PLEASE NOTE THAT THESE POLICIES AND RULES ARE NOT ALL OF THE RESTRICTIONS, RULES, OR POLICIES FOR THE ASSOCIATION. THE ASSOCIATION HAS AMENDED THE POLICIES AND PROCEDURES IN THIS DOCUMENT TO COMPLY WITH LEGISLATIVE CHANGES MADE DURING THE 2023 REGULAR SESSION OF THE TEXAS LEGISLATURE. IN THE EVENT THESE POLICIES AND RULES CONFLICT WITH A PREVIOUSLY RECORDED DEDICATORY INSTRUMENT, THESE POLICIES AND .. RULES SHALL CONTROL.
4861-8402-7784v.153168-2410/18/2023 INTRODUCTION This Fourth Supplement to Community Manual (this "Supplement") is made by HIDDEN TRAILS COMMUNITY ASSOCIATION, INC., a Texas nonprofit corporation, (the "Association") and is as follows: A. LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership, is the "Declarant" under that certain Hidden Trails Master Covenant [Residential], recorded as Document No. 201706003137 Official Public Records of Comal County, Texas, as amended from time to time (the "Covenant").
nt" under that certain Hidden Trails Master Covenant [Residential], recorded as Document No. 201706003137 Official Public Records of Comal County, Texas, as amended from time to time (the "Covenant").
B. Pursuant to Article 1 of the Covenant, the Community Manual may be amended or modified by a Majority of the Board of Directors of the Association (the "Board"), provided, however, that during the Development Period, as defined in the Covenant, the Declarant must approve any such amendment or modification. The Development Period is currently in effect, and the Declarant' s approval of this Supplement is evidenced by its execution hereto.
C. The Association now desires to supplement the Community Manual with the policies, modifications, Rules and Regulations attached hereto.
D. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Covenant and the Community Manual.
EXECUTED to be effective as of the date this Supplement is Recorded.
[SIGNATURE PAGES TO FOLLOW] IN WITNESS WHEREOF, the undersigned has executed this Supplement on the f S day of 1)b0 , 2023.
ASSOCIATION: HIDDEN TRAILS COMMUNITY ASSOCIATION, THE STATE OF TEXAS § § COUNTYOF ~ § ASSOCIATION, INC., a Texas non-profit corporation, on b&'if of ai corp ratictrf~ (SEAL) Gilbert Cortes My Commission Expires 9/28/2027 Notary ID 131479201 [SIGNATURE PAGES CONTINUE] IN WITNESS WHEREOF, the undersigned has executed this Supplement on the -1 t; day of {)ffl., , 20 Z.j .
DECLARANT: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
IN WITNESS WHEREOF, the undersigned has executed this Supplement on the -1 t; day of {)ffl., , 20 Z.j .
DECLARANT: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership By: U.S. Home LLC, a Delaware limited liability company (as successor-in-interest by conversi from U.S. Home Corporation, a Delaw rporation), its General Partner THE STATE OF TEXAS § COUNTYOF~ § liability company (as successor-in-interest by conversion from U.S. Home Corporation, a Delaware corporation), general partner of Lennar Homes of Texas Land and Construction, LTD., a Texas limited partnership, on behalf of said entities.
(SEAL) ~tary Public Signature Gilbert Cortes My Commission Expires 9/28/2027 Notary 10131479201 TABA HIDDEN TRAILS COMMUNITY ASSOCIATION, INC.
AMENDED AND RESTATED FINE & ENFORCEMENT POLICY 1. Background. Hidden Trails is subject to that certain Hidden Trails Master Covenant [Residential], recorded in the Official Public Records of Comal County, Texas, as the same may be amended from time to time (the "Covenant"). In accordance with the Covenant, Hidden Trails Community Association, Inc., a Texas nonprofit corporation (the "Association") was created to administer the terms and provisions of the Covenant. Unless the Covenant or Applicable Law expressly provides otherwise, the Association acts through a Majority of its board of directors (the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant, Certificate, Bylaws, Community Manual, and any Rules and Regulations promulgated by the
he "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant, Certificate, Bylaws, Community Manual, and any Rules and Regulations promulgated by the Association pursuant to the Covenant, as adopted and amended from time to time (collectively, the "Documents"), including the obligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant and the obligations of the Owners to compensate the Association for costs incurred by the Association for enforcing violations of the Documents.
The Board hereby adopts this Fine and Enforcement Policy to establish equitable policies and procedures for the levy of fines within the Association in compliance with the 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.
Terms used in this policy, but not defined, shall have the meanings ascribed to such terms in the Documents.
2. Policy. The Association uses fines to discourage violations of the Documents, and to encourage compliance when a violation occurs - not to punish violators or generate revenue for the Association. Although a fine may be an effective and efficient remedy for certain types of violations or violators, it is only one of several methods available to the Association for enforcing the Documents. The Association's use of fines does not interfere with its exercise of other rights and remedies for the same violation.
3. Owner's Liability. An Owner is liable for fines levied by the Association for violations of the
se of fines does not interfere with its exercise of other rights and remedies for the same violation.
3. Owner's Liability. An Owner is liable for fines levied by the Association for violations of the Documents by the Owner and the relatives, guests, employees, and agents of the Owner and · Residents. Regardless of who commits the violation, the Association may direct all communications regarding the violation to the Owner.
4. Amount. The Association may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation. The Association may establish a schedule of fines for certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation, and should be uniform for similar violations of the same provision of the Documents. If the Association allows fines to accumulate, the Association may establish a maximum amount for a particular fine, at which point the total fine will be capped.
TAB A - AMENDED AND REST A TED FINE AND ENFORCEMENT POLICY - Page 1 FOURTH SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS 5. Violation Notice. Except as set forth in Section 5(C) below, the Association will give (i) a written violation notice via certified mail to the Owner (at the Owner's last known address as shown in the Association records) (the "Violation Notice") and (ii) an opportunity to be heard, if requested by the Owner. The Association's Violation Notice will contain the following items: (1) the date the Violation Notice is prepared or mailed; (2) a description of the violation or property damage that is the basis for the Individual Assessment, suspension action, or other charge; (3) a reference to the
iolation Notice is prepared or mailed; (2) a description of the violation or property damage that is the basis for the Individual Assessment, suspension action, or other charge; (3) a reference to the rule or provision that is being violated; (4) a description of the action required to cure the violation and a reasonable timeframe in which the violation is required to be cured to avoid the fine or suspension; (5) the amount of the possible fine; (6) a statement that no later than the thirtieth (30th) day after the date the notice was mailed, the Owner may request a hearing pursuant to Section 209.007 of the Texas Property Code; and (7) a statement that the Owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. section et seq), if the Owner is serving on active military duty. The Violation Notice sent out pursuant to this paragraph is further subject to the following: (A) First Violation. If the Owner has not been given notice and a reasonable opportunity to cure the same or similar violation within the preceding six (6) months, the Violation Notice will state those items set out in (1) - (7) above, along with a reasonable timeframe by which the violation must be cured to avoid the fine. The Violation Notice must state that any future violation of the same rule may result in the levy of a fine. A fine pursuant to the Schedule of Fines may be levied if an Owner does not cure the violation within the timeframe set forth in the notice.
6. (B) Uncurable Violation/Violation of Public Health or Safety. If the violation is of an uncurable nature or poses a threat to public health or safety (as exemplified in Section 209.006 of the
tice.
6. (B) Uncurable Violation/Violation of Public Health or Safety. If the violation is of an uncurable nature or poses a threat to public health or safety (as exemplified in Section 209.006 of the Texas Property Code), then the Violation Notice shall state those items set out in (1), (2), (3), (5), (6), and (7) above, and the Association shall have the right to exercise any enforcement remedy afforded to it under the Documents, including but not limited to the right to levy a fine pursuant to the Schedule of Fines.
(C) Repeat Violation without Attempt to Cure. If the Owner has been given a Violation Notice and a reasonable opportunity to cure the same or similar violation within the preceding six (6) months but commits the violation again, then the Owner shall not be entitled to an additional Violation Notice or a hearing pursuant to Section 209.007 of the Texas Property Code, and the Association shall have the right to exercise any enforcement remedy afforded to it under the Documents, including but not limited to the right to levy a fine pursuant to the Schedule of Fines. After an Owner has been provided a Violation Notice as set forth herein and assessed fines in the amounts set forth in the Schedule of Fines, if the Owner has never cured the violation in response to any Violation Notices sent or any fines levied, then the Board, in its sole discretion, may determine that such a circumstance is a continuous violation which warrants a levy of a fine based upon a daily, monthly, or quarterly amount as determined by the Board.
Violation Hearing. If the Owner is entitled to an opportunity to cure the violation, then the Owner has the right to submit a written request to the Association for a hearing before the Board or a
rd.
Violation Hearing. If the Owner is entitled to an opportunity to cure the violation, then the Owner has the right to submit a written request to the Association for a hearing before the Board or a committee appointed by the Board to discuss and verify the facts and resolve the matter. To request a hearing, the Owner must submit a written request (the "Request") to the Association's manager TAB A - AMENDED AND REST A TED FINE AND ENFORCEMENT POLICY - Page 2 FOURTH SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS (or the Board if there is no manager) within thirty (30) days after receiving the Violation Notice.
The Association must then hold the hearing requested no later than thirty (30) days after the Board receives the Request. The hearing will be scheduled to provide a reasonable opportunity for both the Board and the Owner to attend. The Board or the Owner may request a postponement, and if requested, a postponement shall be granted for a period of not more than ten (10) days. Additional postponements may be granted by agreement of the parties. Notwithstanding the foregoing, the Association may exercise its other rights and remedies as set forth in Section 209.007(d) and (e) of the Texas Property Code. Any hearing before the Board will be held in a closed or executive session of the Board. At the hearing, the Board will consider the facts and circumstances surrounding the violation. Not later than ten (10) days before the Board holds a hearing under this Section 6, the Board shall provide notice to the Owner of the date, time and place of the hearing and shall provide a packet containing all documents, photographs, and communications relating to the matters the
the Board shall provide notice to the Owner of the date, time and place of the hearing and shall provide a packet containing all documents, photographs, and communications relating to the matters the Board intends to introduce at the hearing. If the Board does not provide a packet within the ten (10) day time period described above, the Owner is entitled to an automatic fifteen (15) day postponement of the hearing. During the hearing, the Board or a representative of the Board shall first present the Board's case against the Owner. The Owner shall attend the hearing in person, but may be represented by another person (i.e., attorney) during the hearing, upon advance written notice to the Board. If an Owner intends to make an audio recording of the hearing, such Owner's request for hearing shall include a statement noticing the Owner's intent to make an audio recording of the hearing, otherwise, no audio or video recording of the hearing may be made, unless otherwise approved by the Board. The minutes of the hearing must contain a statement of the results of the hearing and the fine, if any, imposed. A copy of the Violation Notice and request for hearing should be placed in the minutes of the hearing. If the Owner appears at the meeting, the notice requirements will be deemed satisfied. Unless otherwise agreed by the Board, each hearing shall be conducted in accordance with the agenda attached hereto as Exhibit A.
7. Due Date. Fine and/or damage charges are due immediately if the violation is uncurable or poses a threat to public health or safety. If the violation is curable, the fine and/or damage charges are due immediately after the later of: (1) the date that the cure period set out in the first Violation
threat to public health or safety. If the violation is curable, the fine and/or damage charges are due immediately after the later of: (1) the date that the cure period set out in the first Violation Notice ends and the Owner does not attempt to cure the violation or the attempted cure is unacceptable to Association, or (2) if a hearing is requested by the Owner, such fines or damage charges will be due immediately after the Board's final decision on the matter, assuming that a fine or damage charge of some amount is confirmed by the Board at such hearing.
8. Lien Created. The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot is, together with interest as provided in Section 5.11 of the Covenant and all costs of collection, including attorneys' fees as herein provided, secured by the lien granted to the Association pursuant to Section 5.1.2 of the Covenant. The fine and/or damage charge will be considered an Assessment for the purpose of this Section and will be enforced in accordance with the terms and provisions governing the enforcement of Assessments pursuant to Article 5 of the Covenant.
9. Levy of Fine. Any fine levied shall be reflected on the Owner's periodic statements of account or delinquency notices.
10. Foreclosure. The Association may not foreclose its Assessment lien on a debt consisting solely of fines.
TAB A - AMENDED AND REST A TED FINE AND ENFORCEMENT POLICY - Page 3 FOURTH SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS 4861-8402-7784v.l 53168-24 10/18/2023 11. Amendment of Policy. This policy may be amended by the Declarant during the Development Period and, thereafter, by a Majority of the Board. Any amendment to this policy must have the
24 10/18/2023 11. Amendment of Policy. This policy may be amended by the Declarant during the Development Period and, thereafter, by a Majority of the Board. Any amendment to this policy must have the prior written approval of Development Owner for so long as Development Owner owns any Lot or portion of the Property.
Schedule of Fines The Board has adopted the following general schedule of fines. The number of notices set forth below does not mean that the Board is required to provide each notice prior to exercising additional remedies as set forth in the Documents. The Board may elect to pursue such additional remedies at any time in accordance with Applicable Law. The Board also reserves the right to set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effect of the violation: FINESt: New Violation: General Violation Categories Fine Amount: • Unsightly Conditions on a Notice of Violation Lot $25.00 (if a curable • Unauthorized Construction violation, may be or Modification of avoided if Owner cures the violation by Improvements • Landscape Violations the time specified in (mowing, etc.) the notice) • Trash Container Violations • Failure to Maintain Dwelling (Exterior) or Fencing • Other Violations Repeat Violation (No Fine Amount: Right to Cure or 1st Notice $50.00 Uncurable Violation): 2nd Notice $75.00 3rd Notice $100.00 4th Notice $125.00 Continuous Violation: AmountTBD Continuous Violation Notice t The Board reserves the right to adjust these fine amounts based on the severity and/or frequency of the violation.
TAB A - AMENDED AND REST A TED FINE AND ENFORCEMENT POLICY - Page 4 FOURTH SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS 4861-8402-7784v.153168-2410/18/2023 EXHIBIT A HEARING BEFORE THE BOARD
iolation.
TAB A - AMENDED AND REST A TED FINE AND ENFORCEMENT POLICY - Page 4 FOURTH SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS 4861-8402-7784v.153168-2410/18/2023 EXHIBIT A HEARING BEFORE THE BOARD Note: An individual will act as the Association's representative (the "Association Representative"). The Association Representative will provide introductory remarks and administer the hearing agenda.
I. Introduction Association Representative: The Board of Directors has convened to conduct a hearing at the written request of an Owner.
This hearing is being conducted as required by Section 209.007 of the Texas Property Code, and is an opportunity for the Association and the Owner to discuss and verify facts and attempt to resolve the matter at issue. If no resolution is reached during the hearing, the Association will communicate its decision in writing within fifteen (15) days.
II. Presentation of Facts Association Representative: This portion of the hearing is to permit a representative of the Association the opportunity to describe the violation and to present any information the Association wishes to offer. After the Association's representative has finished the presentation, the Owner or any representative will be given the opportunity to present information and issues relevant to the appeal or dispute.
[Presentations] III. Discussion Association Representative: This portion of the hearing is to permit the Board and the Owner to discuss matters relevant to the violation.
IV. Resolution Association Representative: [Announce any agreement or resolution or state that the Board will take the matter under advisement] V. Adjournment Association Representative: At this time the hearing is adjourned.
TAB A - AMENDED AND RESTATED FINE AND ENFORCEMENT POLICY - Exhibit "A"
he Board will take the matter under advisement] V. Adjournment Association Representative: At this time the hearing is adjourned.
TAB A - AMENDED AND RESTATED FINE AND ENFORCEMENT POLICY - Exhibit "A" FIRST SUPPLEMENT TO COMMUNITY MANUAL HIDDEN TRAILS 4861-8402-7784v.l 53168-24 10/18/2023 HIDDEN TRAILS COMMUNITY ASSOCIATION, INC.
AMENDED AND RESTATED ASSESSMENT COLLECTION POLICY Hidden Trails is a community (the "Community") created by and subject to the Hidden Trails Master Covenant [Residential], recorded in the Official Public Records of Comal County, Texas, and any amendments or supplements thereto (the "Covenant"). The operation of the Community is vested in Hidden Trails Community Association, Inc., a Texas nonprofit corporation (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant, Certificate, Bylaws, Community Manual, and any Rules and Regulations promulgated by the Association pursuant to the Covenant, as adopted and amended from time to time (collectively, the "Documents"), including the obligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant.
The Board hereby adopts this Assessment Collection Policy to establish equitable policies and procedures for the collection of Assessments levied pursuant to the Documents. Terms used in this policy, but not defined, shall have the meanings ascribed to such terms in the Documents.
Section 1. SECTION 1. DELINQUENCIES, LATE CHARGES & INTEREST 1-A. Due Date. An Owner will timely and fully pay Assessments. Regular Assessments are assessed annually and are due and payable on the first calendar day of the month at the beginning of the
INTEREST 1-A. Due Date. An Owner will timely and fully pay Assessments. Regular Assessments are assessed annually and are due and payable on the first calendar day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.
1-B. Delinquent. Any Assessment that is not fully paid when due is delinquent. When the account of an Owner becomes delinquent, it remains delinquent until paid in full - including collection costs, interest and late fees.
1-C.
1-D.
1-E. Late Fees & Interest. If the Association does not receive full payment of an Assessment by 5:00 p.m.
on the due date established by the Board, the Association may levy a late fee of $25 per month and/or interest at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from the due date thereof (or if there is no such highest rate, then at the rate of 1 and 1/2% per month) until paid in full.
Liability for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, certified mail, long distance calls, court costs, filing fees, and other reasonable costs and attorneys' fees incurred by the Association in collecting the delinquency.
Insufficient Funds. The Association may levy a charge of $25 for any check returned to the Association marked "not sufficient funds" or the equivalent.
1-F. Waiver. Properly levied collection costs, late fees, and interest may only be waived by a Majority of the Board.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL Section 2. SECTION 2. INSTALLMENTS & ACCELERATION If an Assessment, other than a Regular Assessment, is payable in installments, and if an Owner
COMMUNITY MANUAL Section 2. SECTION 2. INSTALLMENTS & ACCELERATION If an Assessment, other than a Regular Assessment, is payable in installments, and if an Owner defaults in the payment of any installment, the Association may declare the entire Assessment in default and accelerate the due date on all remaining installments of the Assessment. An Assessment, other than a Regular Assessment, payable in installments may be accelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to accelerate the unpaid balance if the default is not timely cured. Following acceleration of the indebtedness, the Association has no duty to reinstate the installment program upon partial payment by the Owner.
Section 3. SECTION 3. PAYMENTS 3-A. Application of Payments. After the Association notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association shall be applied in the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligations arose: (1) Delinquent Assessments (4) Other reasonable attorneys' fees (2) Current Assessments (5) Reasonable fines (3) Reasonable attorneys' fees and costs (6) Any other reasonable amount associated solely with delinquent Assessments or any other charge that could provide the basis for foreclosure 3-B. Payment Plans. The Association shall offer a payment plan to a delinquent Owner with a minimum term of at least three (3) months and a maximum term of twelve (12) months from the date the
closure 3-B. Payment Plans. The Association shall offer a payment plan to a delinquent Owner with a minimum term of at least three (3) months and a maximum term of twelve (12) months from the date the payment plan is requested for which the Owner may be charged reasonable administrative costs and interest. The Association will determine the actual term of each payment plan offered to an Owner in their sole and absolute discretion, but such term shall not be longer than eighteen (18) months. An Owner is not entitled to a payment plan if the Owner has defaulted on a previous payment plan in the last two (2) years. The Association is not required to make a payment plan available to a Member after the Delinquency Cure Period allowed under Paragraph 5-B expires. If an Owner is in default at the time the Owner submits a payment, the Association is not required to follow the application of payments schedule set forth in Paragraph 3-A.
3-C. Form of Payment. The Association may require that payment of delinquent Assessments be made only in the form of cash, cashier's check, or certified funds.
3-D. Partial and Conditioned Payment. The Association may refuse to accept partial payment (i.e., less than the full amount due and payable) and payments to which the payer attaches conditions or directions contrary to the Board's policy for applying payments. The Association's endorsement and deposit of a payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the Owner's account. If the Association does not TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL accept the payment at that time, it will promptly refund the payment to the payer. A payment that
es not TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL accept the payment at that time, it will promptly refund the payment to the payer. A payment that is not refunded to the payer within thirty (30) days after being deposited by the Association may be deemed accepted as to payment, but not as to words of limitation or instruction accompanying the payment. The acceptance by the Association of partial payment of delinquent Assessments does not waive the Association's right to pursue or to continue pursuing its remedies for payment in full of all outstanding obligations.
3-E. Notice of Payment. If the Association receives full payment of the delinquency after Recording a notice of lien, the Association will cause a release of notice of lien to be publicly Recorded, a copy of which will be sent to the Owner. The Association may require the Owner to prepay the cost of preparing and Recording the release.
3-F. Correction of Credit Report. If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association will report receipt of payment to the credit reporting service.
Section 4.
Section 5. SECTION 4. LIABILITY FOR COLLECTION COSTS 4-A. Collection Costs. The defaulting Owner may be liable to the Association for the cost of title reports, certified mail, long distance calls, filing fees, and other reasonable costs and attorneys' fees incurred in the collection of the delinquency.
SECTION 5. COLLECTION PROCEDURES 5-A. Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the
EDURES 5-A. Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's Manager, an attorney, or a debt collector.
5-B. Delinquency Notices. If the Association has not received full payment of an Assessment by the due date, the Association may send written notice of nonpayment to the defaulting Owner, by certified mail, stating: (a) the amount delinquent and the total amount of the payment required to make the account current, (b) the options the Owner has to avoid having the account turned over to a collection agent, as such term is defined in Texas Property Code Section 209.0064, including information regarding availability of a payment plan through the Association, and (c) that the Owner has forty-five ( 45) days for the Owner to cure the delinquency before further collection action is taken (the "Delinquency Cure Period"). The Association's delinquency-related correspondence may state that if full payment is not timely received, the Association may pursue any or all of the Association's remedies, at the sole cost and expense of the defaulting Owner.
5-C. Verification of Owner Information. The Association may obtain a title report to determine the names of the Owners and the identity of other lien-holders, including the mortgage company.
5-0. Collection Agency. The Board may employ or assign the debt to one or more collection agencies.
5-E. Notification of Mortgage Lender. The Association may notify the Mortgage lender of the default obligations.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL
ification of Mortgage Lender. The Association may notify the Mortgage lender of the default obligations.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL 5-F. Notification of Credit Bureau. The Association may report the defaulting Owner to one or more credit reporting services. In that event, at least thirty (30) business days prior to reporting to a credit bureau, a copy of the notice shall be sent via certified mail, hand delivery or electronic delivery to the defaulting Owner, which shall include a detailed report of all delinquent charges owed and information regarding any payment plan opportunities offered to the defaulting Owner. The Association shall not report to a credit report service any delinquent charges, fines, or fees that are the subject of a pending dispute between the defaulting Owner and the Association. The defaulting Owner will not be liable for any costs or fees associated with any actual reporting of any delinquency to the credit reporting services.
5-G. Collection by Attorney. If the Owner's account remains delinquent for a period of ninety (90) days, the Manager of the Association or the Board of the Association shall refer the delinquent account to the Association's attorney for collection. In the event an account is referred to the Association's attorney, the Owner will be liable to the Association for its legal fees and expenses. The Association's attorney will ensure the following notices are provided in accordance with Applicable Law: (1) Notice of Delinquency: Preparation of written notice of delinquency. If the account is not paid in full by the deadline set forth in the notice letter, then (2) Second Notice: Preparation of the second written notice of delinquency. If the account is
ce of delinquency. If the account is not paid in full by the deadline set forth in the notice letter, then (2) Second Notice: Preparation of the second written notice of delinquency. If the account is not paid in full by the deadline set forth in the notice letter, then (3) Lien Notice: Preparation of the Lien Notice Letter and recordation of a Notice of Unpaid Assessment Lien. If the account is not paid in full by the deadline set forth in the notice letter, then (4) Final Notice: Preparation of the Final Notice of Demand for Payment Letter and any notice required to be sent to any holder of a lien of record on the property whose lien is evidenced by a deed of trust and is inferior or subordinate to the Association's lien. If the account is not paid in full within thirty (30) days, then (5) Foreclosure of Lien: Only upon specific approval by a Majority of the Board.
5-H. Notice of Lien. The Association's attorney may cause a notice of the Association's Assessment lien against the Owner's home to be publicly Recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may also be sent to the Owner's Mortgagee.
5-1. Cancellation of Debt. If the Board deems the debt to be uncollectible, the Board may elect to cancel the debt on the books of the Association, in which case the Association may report the full amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.
5-J. Suspension of Use of Certain Facilities or Services. The Board may suspend the use of the Common Area amenities by an Owner, or such Owner's tenant, whose account with the Association is delinquent for at least forty-five ( 45) days.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL
uch Owner's tenant, whose account with the Association is delinquent for at least forty-five ( 45) days.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL NOTE: Texas law requires that at least two (2) notices precede the recording of any lien. For accounts that become delinquent on or after September 1, 2023, a lien may only be recorded after notice of the delinquency has been sent: (1) to the Owner by email using an email address the Owner has provided to the Association or, alternatively by first-class mail (the first-class mail requirement may be satisfied by a letter sent by USPS certified mail) sent to the Owner's last known mailing address, as reflected in the records maintained by the Association; and also (2) to the Owner, by certified mail, return receipt requested, directed to the Owner's last known mailing address, as reflected in the records maintained by the Association. The certified letter must be sent at least thirty (30) days after the first required notice of delinquency has been sent to the Owner, and the lien may only be recorded if at least ninety (90) days have passed since the date the certified delinquency notice was sent to the Owner. The foregoing requirements conform to the requirements set forth in Chapter 209 of the Texas Property Code and apply only to the extent Applicable Law continues to require such notices before a lien may be recorded.
Section 6. SECTION 6. GENERAL PROVISIONS 6-A. Independent Judgment. Notwithstanding the contents of this detailed policy, the officers, directors, Manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this policy.
ing the contents of this detailed policy, the officers, directors, Manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this policy.
6-B. Other Rights. This policy is in addition to and does not limit the rights of the Association to collect Assessments under the Documents and Applicable Law.
6-C. Limitations of Interest. The Association, and its officers, directors, Managers, and attorneys, intend to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Documents or any other document or agreement executed or made in connection with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by Applicable Law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid Assessments, or reimbursed to the Owner if the Assessments are paid in full.
6-0. Notices. Unless the Documents, Applicable Law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records show that an Owner's property is owned by two (2) or more persons, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one Resident is
he Owner. If the Association's records show that an Owner's property is owned by two (2) or more persons, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one Resident is deemed notice to all Residents. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.
6-E. Amendment of Policy. This policy may be amended by the Declarant during the Development Period and, thereafter, by a Majority of the Board. Any amendment to this policy must have the prior written approval of Development Owner for so long as Development Owner owns any Lot or portion of the Property.
TABB HIDDEN TRAILS FOURTH SUPPLEMENT TO COMMUNITY MANUAL 4861-8402-7784v.l 53168-24 10/18/2023