2401018 STATE OF TEXAS COUNTY OF MONTAGUE cos cos cos RESOLUTION ADOPTING PAYMENT PLAN FOR RED OAK HILLS PROPERTY OWNERS' ASSOCIATION, INC.
RESOLUTION OF THE BOARD OF DIRECTORS OF RED OAK HILLS PROPERTY OWNERS' ASSOCIATION, INC.
REGARDING PAYMENT PLAN POLICY Pursuant to Section 209.0062 of the Texas Property Code, Red Oak Hills Property Owners' Association, Inc., hereinafter referred to as the "Association", the Association governing Red Oak Hills Subdivision located in Montague County, Texas (said Subdivision being more fully described on the map and plat recorded under Document No. 2400336 in the Official Plat Records of Montague County, Texas), acting by and through its Board of Directors, has adopted the following alternative payment policy to set forth guidelines for a payment plan of assessments and fees, to wit: WHEREAS, the Association is required under Texas Property Code §209.0062 to create and record an alternative payment schedule for the Association governing Red Oak Hills Subdivision located in Montague County, Texas, in order to establish an alternative payment schedule by which an owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties; and WHEREAS, the Association has adopted the following alternative payment plan for all Association dues and fees; WHEREAS, all terms used herein shall have the same meaning as set forth in the Declaration of Covenants, Conditions, Restrictions, Easements, Charges, and Liens for Red Oak Hills Subdivision, filed in the Official Records of Montague County, Texas, hereinafter referred to as the "Declaration".
Covenants, Conditions, Restrictions, Easements, Charges, and Liens for Red Oak Hills Subdivision, filed in the Official Records of Montague County, Texas, hereinafter referred to as the "Declaration".
NOW THEREFORE, the Association declares that the following is the alternative payment plan adopted: 1.
The Due Date for all Annual Assessment Fees shall be January 31st of each year. The Due Date for all Special Assessments shall be 30 days after an Owner receives notice of the Special Assessment. The due date for all other charges shall be the last day of the month in which the invoice or statement is dated unless otherwise specified in this document.
2. All documents, correspondence, invoices, statements, and notices relating to the charges shall be mailed to the Owner's address which appears on the books of the Association or to such other address as designated in writing by the Owner.
3. All payment plans must be in writing, signed by one or more Owners of the property associated with the delinquent balance, approved by the signature of the President of the Association or the Association Manager, and provide that the Owner shall pay future assessments when due, in addition to any arrearage payment due under a payment plan.
1 4. No monetary penalties shall accrue on balances while a payment plan is in effect, but reasonable cost associated with administering the plan and interest shall continue to accrue. Monetary penalties do not include reasonable costs associated with administering the payment plan or interest.
5. Any qualified Owner who owes a delinquent balance of $500.00 or less shall be allowed, without deliberation by the Board, to pay the balance in three equal consecutive monthly
ent plan or interest.
5. Any qualified Owner who owes a delinquent balance of $500.00 or less shall be allowed, without deliberation by the Board, to pay the balance in three equal consecutive monthly installments, with the first payment due within the first thirty-day period following the approval of the payment plan.
6. Any qualified Owner who owes a delinquent balance of more than $500.00 shall be allowed, without deliberation by the Board, to pay the balance by paying twenty-five percent of the balance during the first thirty-day period following the approval of the payment plan, with the remaining delinquent balance to be paid in five equal consecutive monthly installments.
7.
Any Owner may submit a request for a payment plan that does not meet the foregoing guidelines, along with whatever information they wish the Board to consider, and the Board may approve or disapprove such payment plan, in its sole discretion; however, no payment plan shall exceed eighteen months or be shorter than three months.
8. The Association reserves the right to refuse to offer a payment plan to an Owner during a two (2) year period following an Owner's default under a previous payment plan.
9. If an Owner who is not qualified to receive a payment plan asks for a payment plan, the Board shall be entitled to approve or disapprove a payment plan, in its sole discretion.
10.
Payments will be posted by the Association staff in a timely manner. A payment received by the Association from the Owner shall be applied to the Owner's debt in the following order of priority: (1) any delinquent assessment; (2) any current assessment; (3) any attorney's fees or third party collection costs incurred by the Association associated
ner's debt in the following order of priority: (1) any delinquent assessment; (2) any current assessment; (3) any attorney's fees or third party collection costs incurred by the Association associated solely with assessments or any other charge that could provide the basis for foreclosure; (4) any attorney's fees incurred by the Association that are not subject to 10 (3) above; (5) any fines assessed by the Association; and (6) any other amount owed to the Association.
By their signatures below the President and the Secretary of the Association certify that the foregoing resolution was approved by the Board of Directors of the Association at a duly-called meeting of the Board of Directors at which a quorum of Directors was present, or by signed, unanimous written consent in lieu of a meeting.
2 PASSED, ADOPTED AND APPROVED on this the 22nd day of January 2024.
ATTEST: By: Oscar Rohne, Secretary RED OAK HILLS PROPERTY OWNERS' ASSOCIATION, INC.
By: Monte Magness, President THE STATE OF TEXAS COUNTY OF Parker 888888 CERTIFICATE OF ACKNOWLEDGMENT Before me, the undersigned Notary Public, on this day personally appeared Monte Magness who is personally known to me (or proved to me through a federal or state issued ID with photo and signature of person identified) to be the person whose name is subscribed to the foregoing instrument, and who has acknowledged to me that he is the President of Red Oak Hills Property Owners' Association, Inc. and that by authority duly given and as the act of Red Oak Hills Property Owners' Association, Inc. executed the instrument for the purposes and considerations expressed.
Given under my hand and seal of office on this the lhe day of February 2024.
Carla R Notary Public in and for The State of Texas NOTARY PUBLIC TEXAS CARLA BOVEN
purposes and considerations expressed.
Given under my hand and seal of office on this the lhe day of February 2024.
Carla R Notary Public in and for The State of Texas NOTARY PUBLIC TEXAS CARLA BOVEN NOTARY PUBLIC STATE OF TEXAS MATE OF TEN MY COMM. EXP. 09/03/27 NOTARY ID 130358780 AFTER RECORDING, RETURN TO: Red Oak Hills Property Owners' Association, Inc.
110 W. Interstate 20, Frontage Road, Suite 120 Weatherford, Texas 76086 3 FILED FOR RECORD KIM JONES - COUNTY CLERK MONTAGUE COUNTY, TEXAS INST NO: 2401018 FILED ON: FEBRUARY 22, 2024 AT 10:37am THIS INSTRUMENT CONTAINED 4 PAGES AT FILING COUNTY MONTAGU OURT OF COUNTY TEXAS THE STATE OF TEXAS COUNTY OF MONTAGUE I hereby certify that this instrument was filed on the date and time stamped hereon and recorded in the instrument of Inamed record of Montague County, and stamped hereon by me.
DATE: FEBRUARY 22, 2024 KIM JONES, COUNTY CLERK Jones Instrument # 2401018, 4 OPR RECORDS Pages