2025 - 2025002684 01/24/2025 12:53 PM Page 1 of 8 AMENDED AND RESTATED COLLECTION POLICY AND PAYMENT PLAN GUIDELINES FOR SANDY CREEK OWNERS ASSOCIATION, INC.
STATE OF TEXAS § § COUNTY OF NUECES § 1, klevren E G.Ke , President of Sandy Creek Owners Association, Inc. (the “Association” ), do hereby certify that at a meeting of the Board of Directors of the Association (the “Board”) duly called and held with at least a quorum of the Board being present and remaining throughout, and being duly authorized to transact business, the following Amended and Restated Collection Policy and Payment Plan Guidelines was duly approved»by at least a majority vote of.
the members of the Board present atthe meeting.
RECITALS: 1. The property encumbered by this Amended and Restated Collection Policy and’ Payment Plan Guidelines (the “Policy”) is that property restricted Declaration of Restrictive Covenants for Sandy Creek-Unit 1, recorded in the Official Public Records of Real Property of Nueces County, Texas, under Clerk’s File No. 2016045510, as same has been or may be amended and/or supplemented from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association.
2. Pursuant to Chapter 209 of the Texas Property Code, the Board hereby adopts this Policy for the purposes of establishing a uniform and systematic procedure to collect assessments and other charges of the Association and identifying the guidelines underwhich owners may request an alternative payment schedule for'certain assessments.
3. The Board has determined that it is in the best interest of the Association to adopt this Policy.
4. This Policy replaces and supersedes any previously recorded or implemented policy or
ssessments.
3. The Board has determined that it is in the best interest of the Association to adopt this Policy.
4. This Policy replaces and supersedes any previously recorded or implemented policy or guidelines, if any, that address the subjects contained herein.
5. All capitalized terms in this Policy shall have the same meanings as that ascribed to them in the Declaration.
I. COLLECTION POLICY 1. ASSESSMENT PERIOD Amended and Restated Asséssment Collection Policy and Payment Plan Guidelines for Sandy ‘Creek Owners Association, Inc.
Page 1 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 2 of 8 The 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 year.
o NOTICE The Board shall fix'the amount of the annual assessment against each lot for the following year and shall, at that time, prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner. Upon completion of the roster, written notice of the assessment due may be sent to every owner subject to the assessment. An owner may not escape liability or be entitled to a deferral of interest, fines or collection costs with regard to delinquent assessments on the basis of such owner's failure to receive notice if such notice was sent via regular mail and/or via certified mail return receipt requested to the most recent address of the owner according to,the records of Association. Each owner shall have the obligation to notify the Association in writing of any change in address which shall become effective five (5) days after written notice has been received.
3. DUE DATE
ation. Each owner shall have the obligation to notify the Association in writing of any change in address which shall become effective five (5) days after written notice has been received.
3. DUE DATE All assessments are due and payable on an annual basis, as determined by a majority of the Board for that assessment year. If any assessment is due and the Association is not paid on the date when due, then such assessment shall be become delinquent thirty (30) days after the due date. Charges disputed by an owner are considered delinquent until such time as they are paid in full.
Payments received after the due date are considered delinquent and the entire amount due may be transferred to a Payment Plan as set forth in Section II of this Policy.
4. INTEREST If the assessment is not paid within thirty (30) days afterthe due date, the assessment Shall bear interest from thesdue date at the rate set forth imthe Declaration until the assessment is paid in full.
5. DELINQUENCY NOTIFICATION The Association may cause to be sent one or more of the following notification(s) to delinquent owners: a. FIRST NOTICE OF DELIQUENCY: In the event that an assessment account balance remains unpaid after the due date (or there is a default on a Payment Plan entered into prior to the First Notice of Delinquency), a First Notice of Delinquency may be sent via regular mail to’each owner with a delinquent account setting forth all assessments, interest/and other amounts due, including any administration fees and/or late fees that may be charged by thepAssociation. The First Notice’ of Delinquency will contain a statement that the’entire remaining unpaid balance of Amended and Restated Asséssment Collection Policy and Payment Plan Guidelines for Sandy Greek Owners Association, Inc.
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will contain a statement that the’entire remaining unpaid balance of Amended and Restated Asséssment Collection Policy and Payment Plan Guidelines for Sandy Greek Owners Association, Inc.
Page 2 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 3 of 8 the assessment is due, including any previously imposed late fees, and that the owner is entitled to a-Payment Plan as set forth in-Article II of this Policy. In the event an owner chooses to enter a Payment Plan, a‘monthly charge may be added to each delinquent owner's account balance for administrative costs related to the Payment Plan’and such additional administrative costs will continue until the entire balance is paid in full.
b. SECOND NOTICE OF DELIQUENCY: In the event an assessment account balance remains unpaid after the due date (or there is a default on a Payment Plan entered into prior to the Second Notice), a Second Notice shall be sent via certified mail to each delinquent owner. The Second Notice may be also sent by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier to the owner's last known address as shown on the Association’s records, as well as by any other method that the Board determines that the Second Notice may be received by the owner. The\Second Notice will set forth the following information and the result of failure to,pay, including an explanation of: 1) AMOUNTS DUE: All delinquent assessments, interest and other amounts due,dncluding any administration;statutory, and/or late fees that may be charged by the Association, and the total amount of the paymenttequired to make the account current; 2) OPTIONS: If the owner has a right to a Payment Plan, as set forth below, the
te fees that may be charged by the Association, and the total amount of the paymenttequired to make the account current; 2) OPTIONS: If the owner has a right to a Payment Plan, as set forth below, the options the owner has to avoid having the account turned over to a collection agent or legal counsel, including information regarding availability of a Payment Plan through the Association; 3) PERIOD TO CURE: A period of at least forty-five (45) days for the owner to cure the delinquency before further collection action is taken; 4) HEARING: Owners shall be given notice and opportunity for a hearing before the Board. A hearing shall be granted if a written request for ahearing is received by the Association not more than thirty (30) days fromthe date theSecond Notice is mailed to the‘owner.
If a hearing is requested within thirty (30) days from the date the Second Notice is mailed to the owner, further collection procedures are suspended until the hearing process is completed. The Board shall set a hearing date not later than thirty (30) days after receipt of the owner’s request for a hearing.
Either party may request a postponement, which shall be granted for a period of not more than ten (10) days. Additional postponements may be granted by agreement of both parties. Further collection steps will be determined by-the action of the Board; )) PAYMENT PLAN: The Second Notice will contain a statement that the entire remaining unpaid balance of the assessment, including any previously Amended and Restated Assessment Collection Policy and Payment Plan Guidelines for Sandy Creek Owners Association, Inc.
Page 3 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 4 of 8 imposed late, administration, and/ statutory fees, is due and that the owner
ment Plan Guidelines for Sandy Creek Owners Association, Inc.
Page 3 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 4 of 8 imposed late, administration, and/ statutory fees, is due and that the owner is entitled to a-Payment Plan as set forth in-Article II of this Policy. In the event an owner chooses to enter a Payment Plan, a monthly charge may be added to each delinquent owner’s account balance for administrative costs related‘to the Payment Plan and such.additional administrative costs will continue until the entire balance is_paid in full; 6) COMMON AREA RIGHTS SUSPENSION: If a hearing is not requested within thirty (30) days from the date the Second Notice is mailed to the owner, the owner's use of recreational facilities and common properties may be suspended; and 7) MILITARY NOTICE: If the owner is serving on active military duty, the owner may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act.
8) TURNOVER.TO COLLECTION AGENT/ATTORNEY: Ifa Second Notice is sent to alowner and a hearing is not requested within thirty (30) days from the datethe Second Notice is mailed tothe owner, member privileges may be suspended, the account may be sent to a collection agent. and/or the Association’s attorney for collection following expiration of the forty-five (45) day period to cure; and any fees and expenses may be charged to the owner’s assessment account.
9) FILING OF LIEN: The Association shall not file an assessment lien before the 90th day after the date the Second Notice of Delinquency is sent to the owner.
6. REFERRAL OF ACCOUNT TO ASSOCIATION’S ATTORNEY Upon referral of the account.to the Association’s attorney, the attorney is authorized to take
e the Second Notice of Delinquency is sent to the owner.
6. REFERRAL OF ACCOUNT TO ASSOCIATION’S ATTORNEY Upon referral of the account.to the Association’s attorney, the attorney is authorized to take whatever action is necessary, in consultation with the:Board, including but not limited to, judgment, instituting an 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.
As a prerequisite to foreclosure of the Association’s lien, either the Association’s attorney or the Association will send notification via certified mail to any holder of a lien of record on the owner’s property whose lien is inferior or subordinate to the Association's lien as evidenced by a deed of trust. The notification may also be sent by any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier, as well as by any other method that the Board determines that the notification may be received by such lien holdér(s). Said notice will provide.such lien holder with the total amount of the delinquency giving rise to the foreclosure and an opportunity to cure before the sixty-first (61st) day after the day the notice is mailed.
Amended and Restated Assessment Collection Policy and Payment Plan Guidelines for Sandy “Greek Owners Association, Inc.
Page 4 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 5 of 8 In the event the Association has determined to forecloseyits lien as provided in the Declaration, and to exercise-the power of sale thereby granted, such foreclosure shall be
2025 12:53 PM Page 5 of 8 In the event the Association has determined to forecloseyits lien as provided in the Declaration, and to exercise-the power of sale thereby granted, such foreclosure shall be accomplished pursuant to the requirements of Sections:209.0091 and 209.0092 of the Texas Property Code.
BANKRUPTCIES Upon receipt of any notice of a bankruptcy of an owner, the account may be turned over to the Association’s attorney so that the Association’s interests may be protected.
REQUIRED ACTION Nothing contained herein, not otherwise required by the Declaration or by law, shall require the Association to take any of the specific actions contained herein. The Board of the Association shall have the right, but not the obligation, to evaluate each delinquency on a case-by-case basis as it, in its best judgment, deems reasonable.
PAYMENTS RETURNED°NON-SUFFICIENT FUNDS An owner will be assessed a service charge for any check that is returned or Automatic Clearing House (ACH) debit that is not paid for any reason, including but not limited to Non-Sufficient Funds (NSF) or stop payment order (hereinafter “Unpaid Amounts”). The amount of the service charge assessed by the Association will be the amount charged by the financial institution related to any such Unpaid Amounts plus any administrative costs incurred by the Association as a result of such Unpaid Amounts.
Il. PAYMENT PLAN The Association hereby establishes a Payment Plan schedule by which an owner may make partial payments to the Association for delinquent assessments, or any other amount owed to the Association without accruing additional monetary penalties. Monetary penalties do not includé interest or reasonable costs associated with administering the Payment Plan. Any late fees imposed
to the Association without accruing additional monetary penalties. Monetary penalties do not includé interest or reasonable 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 Plam Schedule is as follows: 1.
2 Each Payment Plan must be approved by the Board; The term for the Payment Plan shall be determined at the discretion of the Board, but shall be no less than three (3) months; Each Payment Plan may require a 25% down payment; After the down payment is applied, a Payment Plan may require equal monthly payments based on the number of months for such Payment Plan, withceach payment due on the first day of each month; Amended and Restated Assessment Collection Policy and Payment Plan Guidelines for Sandy Creek Owners Association, Inc.
Page 5 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 6 of 8 5. Failure to pay the first monthly, payment of the delinquent amount shall be considered a default of the Payment Plan; 6. An owner, upon writtenréquest, may request a longer period of time; 7, The Association is not required to enter into a Payment Plan with an owner whofailed 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 will be required to pay future assessments by the due date in addition to the payments specified in the Payment Plan; 9, The Association is not required to offer a Payment Plan to an owner after the forty-five (45) day period to cure the delinquency has expired;
addition to the payments specified in the Payment Plan; 9, The Association is not required to offer a Payment Plan to an owner after the forty-five (45) day period to cure the delinquency has expired; 10. The Association is not required to allow an owner to enterinto a payment plan more than once in any twelve (12) month period.
HI. APPLICATION OF PAYMENTS A. Except as provided in subsection B immediately below, a payment received by the Association shall be applied in the following order of priority: Lh Any delinquent assessment; 2. Any current assessment; ce Attorney’s fees or third-party collection costs incurred by the Association associated solely with assessments)or other charges that can be the basis of foreclosure; 4. Attorney’s fees notsubject to “3” above; 5. Fines; and 6. Any other amount owed to the Association.
B. If/when an owner defaults on a Payment Plan, the remaining delinquent amount will become due in full and the Association may begin further collection action as set out above.
Any payment(s) received by the Association after such default of a Payment Plan shall be applied in the following order of priority: 1, Costs; Zs Attorney’s fees; 3. Interest; Amended and Restated Assessment Collection Policy and Payment Plan Guidelines for Sandy ‘Creek Owners Association, Inc.
Page 6 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 7 of 8 4: Late fees; 5. Delinquent assessments; 6. Current assessments; and 7. Fines.
As to each category identified in this subsection B, payment shall be applied to the mostaged charge first. The acceptance of a partial payment on an owner’s account does not constitute a waiver.
SANDY GREEK OWN SOCIATION, INC.
Printed: KMart) . mn o Its: President THE STATE OF TEXAS § § COUNTY OF NYECeS>’s
The acceptance of a partial payment on an owner’s account does not constitute a waiver.
SANDY GREEK OWN SOCIATION, INC.
Printed: KMart) . mn o Its: President THE STATE OF TEXAS § § COUNTY OF NYECeS>’s BEFORE ME, the undersigned notary public, on this 23 day of MANVARY 2025 personally appeared WARREN BUNKERPresident of the Sandy Creek Owners Association, Inc., known to me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes herein expressed, in the capacity herein stated, and as the act and deed of said corporation.
aa of Texas ners "y AMANDA JURICA a Notary Public, State of Texas EES — Notary 1D 133365892 ean "NG, > a No.
24 AN Amended and Restated Assessment Collection Policy and Payment Plan Guidelines for Sandy “Creek Owners Association, Inc.
Page 7 of 7 2025 - 2025002684 01/24/2025 12:53 PM Page 8 of 8 Nueces County Kara Sands Nueces-County Clerk Instrument Number: 2025002684 Official Public Records AMENDMENT Recorded On: January 24, 2025 12:53 PM Number of Pages: 8 “Examined and Charged as Follows: " Total Recording: $44.00 STATE OF TEXAS Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County, Texas Kara Sands Nueces County Clerk Aono 5 4 h, ) Nueces County, TX Any,provision herein which restricts the-Sale, Rental or use of the described-REAL PROPERTY because of color or race,s‘invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 2025002684 SANDY CREEK HOMEOWNER'SASSOC
of the described-REAL PROPERTY because of color or race,s‘invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 2025002684 SANDY CREEK HOMEOWNER'SASSOC Receipt Number: 20250124000097 302 ROSEBUD AVE Recorded Date/Time: January 24, 2025 12:53 PM User: Margarita S CORPUS CHRISTI TX 78404 Station: CLERK03