Filed and Recorded: 09/23/2022 10:35:10 AM 2022-010217 MEMORANDUM Total Pages: 12 Sherry Dowd, Navarro County Clerk SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION'S POLICY FOR APPLICATION OF PAYMENTS, ALTERNATIVE PAYMENT PLANS, REQUESTS FOR ASSOCIATION RECORDS, & FINE SCHEDULE WHEREAS, effective January 1, 2012, Chapter 209 of the Texas Property Code mandates that each Association adopt a Policy for identifying the retention periods for the books, records, and/or other documents of the Association and prescribing the costs the Association will charge for the compilation, production and reproduction of information requested under Section 209.005 of the Texas Property Code; and WHEREAS, the duly elected Board of Directors for SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, has determined the Association is best served by ensuring that it complies with all State mandates and requirements to establish this Policy concerning the retention, production and copying of information, books, and records of the Association. .
NOW, THEREFORE, BE IT RESOLVED THAT the Association, by and through its Board of Directors, does hereby adopt the following Policy for the stated purpose.
ARTICLE I Alternative Payment Schedule for Delinguent Assessment 1.1. All owners that are delinquent on their assessments are entitled to enter into an alternative payment schedule with SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, for the payment of the assessments, fees, fines, attorney's fees, and other costs incurred due to the delinquency.
1.1.1. Terms; Any payment plan entered between the delinquent owner and the Association shall be for a term of not less than three (3) months, and no longer than eighteen (18) months from the date of the execution of the payment schedule.
between the delinquent owner and the Association shall be for a term of not less than three (3) months, and no longer than eighteen (18) months from the date of the execution of the payment schedule.
1.1.2. Owners Not Eligible: The Association is not required to enter into any payment plan to the extent the delinquent owner:seeks an alternative payment plan and has failed to completely honor the terms of a previous payment plan « during the twelve (12) month period prior to the date of new request.
1.1.3. Optional Nature: The Association is not required to offer a payment plan to a property owner after expiration of the 30-day cure period required under Section 209.0064, but may if the Board of Directors, at a notice meeting, determines good cause exist to enter into a payment plan.
1.1.4. Recording of Payment Plans: Any payment plan entered into between the Association and an Owner shall be recorded in the real property records of the county where SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, is located and platted.
SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION’S POLICY FOR APPLICATION OF PAYMENTS, ALTERNATIVE PAYMENT PLANS, REQUESTS FOR ASSOCIATION RECORDS, & FINE SCHEDULE WHEREAS, effective January 1, 2012, Chapter 209 of the Texas Property Code mandates that each Association adopt a Policy for identifying the retention periods for the books, records, and/or other documents of the Association and prescribing the costs the Association will charge for the compilation, production and reproduction of information requested under Section 209.005 of the Texas Property Code; and WHEREAS, the duly elected Board of Directors for SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, has determined the Association is best served by
ed under Section 209.005 of the Texas Property Code; and WHEREAS, the duly elected Board of Directors for SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, has determined the Association is best served by ensuring that it complies with all State mandates and requirements to establish this Policy concerning: the retention, production and copying of information, books, and records of the Association.
NOW, THEREFORE, BE IT RESOLVED THAT the Association, by and through its Board of Directors, does hereby adopt the following Policy for the stated purpose.
ARTICLE I Alternative Payment Schedule for Delinquent Assessment 1.1. Al owners that are delinquent on their assessments are entitled to enter into an alternative payment schedule with SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, for the payment of the assessments, fees, fines, attorney's fecs, and other costs incurred due to the delinquency.
1.1.1. Terms: Any payment plan entered between the delinquent owner and the Association shall be for a term of not less than three (3) months, and no longer than eighteen (18) months from the date of the execution of the payment schedule.
1.1.2, Owners Not Eligible: The Association is not required to enter into any payment plan to the extent the delinquent owner seeks an alternative payment plan and has failed to completely honor the terms of a previous payment plan during the twelve (12) month period prior to the date of new request.
1.1.3. Optional Nature: The Association is not required to offer a payment plan to a property owner after expiration of the 30-day cure period required under Section 209.0064, but may if the Board of Directors, at a notice meeting, determines good cause exist to enter into a payment plan.
erty owner after expiration of the 30-day cure period required under Section 209.0064, but may if the Board of Directors, at a notice meeting, determines good cause exist to enter into a payment plan.
Lich Recording of Payment Plans: Any payment plan entered into between the Association and an Owner shall be recorded in the real property records of the county where SUNRISE ESTA’TES PROPERTY = OWNERS’ ASSOCIATION, is located and platted.
2.1, ARTICLE II Application of Payment Any payment received by the Association from an owner shall be applied to the owner’s debt in the following manner: 2.2.
3.1, 3.2.
2.1.1 Payment to delinquent assessments; 2.1.9, Payment to Current assessment; 2.1.8 Payment to any attorney's fees or third party collection costs incurred by the Association solely with assessments or any other charge that could provide the basis for foreclosure; 2.1.4. Payment of attorney’s fees incurred by the Association that is not the J J basis for foreclosure; 2.1.5. Payment of fines assessed by the Association; 2.1.6. Payment of any other amount owed to the Association.
However, if the owner is in default under a payment plan with the Association for delinquent assessments or dues, the Association is not required to apply the funds received in the order specified in the foregoing.
ARTICLE Il Document Retention Policy The books and records of the Association, including financial records, shall be open to and reasonably available for examination by an owner, or a person designated in writing signed by the owner as the owner's agent, attorney, or certified public accountant. An owner is entitled to obtain from the Association copies of information contained in the books and records. An owner, or the owner's authorized representative, must submit a
ified public accountant. An owner is entitled to obtain from the Association copies of information contained in the books and records. An owner, or the owner's authorized representative, must submit a written request for access or information by certified mail, with sufficient detail describing the books and records requested, to the mailing address of the Association as reflected on the most current management certificate. The request must contain an election either to inspect the books and records before obtaining copies, or to have the Association forward copies of the requested books and records.
An attorney's files and records relating to the Association, excluding invoices requested by an owner under Section 209.008(d) of the Texas Property Code are not records of the Association and are not subject to inspection by the owner, or production in a legal proceeding. If a document in an attorney's files and records relating to the Association would be responsive to a legally authorized request to inspect or copy Association documents, the document shall be produced by using the copy from the attorney's files and records if the Association has not maintained a separate copy of the document. Any document that constitutes attorney work product or that is privileged as an attorneyclient privileged communication is not required to be produced.
3.3, 3,4, 3.5, 3.6, 3,7, 4.1, The Association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an owner, an owner's personal financial information, including records of payment/nonpayment of amounts due the Association, an owner's contact information other than the owner's address, or
istory of an owner, an owner's personal financial information, including records of payment/nonpayment of amounts due the Association, an owner's contact information other than the owner's address, or information related to an employee of the Association, including personnel files.
Information may be released in an aggregate or summary manner that would not identify an individual owner. These records may be made available only with (i) the express written approval of the owner whose records are the subject of the request, or (11) if a court of competent jurisdiction orders the release of the records.
If inspection is requested, the Association, on or before the tenth (10) business day shall send written notice of dates during normal business hours that the owner may inspect the requested records to the extent the records are in the possession or control of the Association, The inspection shall take place at a mutually agreed upon time during normal business hours, If copies are requested, the Association shall produce the requested records for the owner on or before the tenth (10'") business day after the date the Association receives the request except as otherwise provided herein. The Association may produce the requested records in hard copy, electronic, or other format reasonably available to the Association.
If the Association is unable to produce the records on or before the tenth (10') business day, the Association shall give the owner notice that it is unable to produce the records within ten (10) business days, and state a date by which the information will be sent or made available for inspection, on a date not more than fifteen (15) business days after the date the notice is given.
ten (10) business days, and state a date by which the information will be sent or made available for inspection, on a date not more than fifteen (15) business days after the date the notice is given.
Notwithstanding anything contained herein to the contrary, all records shall be produced subject to the terms of this Policy as set out below. The Association may require advance payment of estimated costs per its adopted policy.
ARTICLE IV Custodian of Records The Secretary of the Board or other person designated by the Board, is the designated Custodian of the Records of Association, As such, the Secretary of the Board is responsible for overseeing compliance with this Policy. Any questions regarding this Policy shall be directed to the Custodian of the Records of the Association ARTICLE V Procedure for Requesting Documents 5.1. All requests for information must comply with the requirements set forth hereinabove.
The dated and signed, written request must state the specific information being requested.
6.2, Requests for information will NOT be approved when the information regards pending legal issues, unless specifically required by law; information of personnel matters such as individual salaries; information about other members; and information that is privileged or confidential.
ARTICLE VI Costs of Requested Documents 6.1. The costs of compiling information and making copies shall not exceed those set forth in 1 TAC $70.3. The following fee schedules and explanations comply with this code section, 6.2. The following are the costs of materials, labor, and overhead which shall be charged to the owner requesting. The Association may require advance payment of the estimated costs of
s code section, 6.2. The following are the costs of materials, labor, and overhead which shall be charged to the owner requesting. The Association may require advance payment of the estimated costs of compilation, production, and reproduction of the requested information. If the estimated costs are lesser or greater than the actual costs, the Association shall submit a final invoice to the owner on or before the 30t* business day after the date the information is delivered. If the final invoice includes additional amounts due from the owner, the additional amounts, if not reimbursed to the Association before the 30" business day after the date the invoice is sent to the owner, may be added to the owner's account as an assessment. If the estimated costs exceeded the final invoice amount, the owner is entitled to a refund, and the refund shall be issued to the owner not later than the 30¢" business day after the date the invoice is sent to the owner.
6.3.Copy Charge: 6.3.1, Standard paper copy. The charge for paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has recorded information is considered a page.
6.3.2. Nonstandard copy: Covers materials onto which information is copied and does not reflect any additional charges, including labor that may be associated with a particular request. Charges for nonstandard copies are: Diskette - $1.00 Magnetic tape - actual cost Data cartridge - actual cost Rewritable & non-rewritable CD - $1.00 Digital video disc - $3.00 JAZ drive ~ actual cost Other electronic media - actual cost VHS video cassette - $2.50 TOAAOUOWNS I. Audio cassette - $1.00 6.3.8. Oversize paper copy (e.g. 11 x 17, green bar, blue bar, not including maps and
~ actual cost Other electronic media - actual cost VHS video cassette - $2.50 TOAAOUOWNS I. Audio cassette - $1.00 6.3.8. Oversize paper copy (e.g. 11 x 17, green bar, blue bar, not including maps and photographs using specialty paper) - $.50 6.3.4, Specialty paper (e.g. Mylar, blueprint, blueline, map, photographic) - actual cost 6.4, Labor Charge: For locating, compiling, manipulating data, and reproducing public information, the following charges shall apply: 6.4.1, Labor charge - $25.00 per hour. This charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information; 6.4.2. Labor charge may be charged when confidential information is mixed with public information in the same page, an attorney, legal assistant, or any other person who reviews the requested information, for time spent to redact, blackout, or otherwise obscure confidential information for requests of 50 or fewer pages.
6.5, Miscellaneous Supplies: The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge. Related postal or shipping expenses which are necessary to transmit the reproduced information may be added to the total charge. If payment by credit card is accepted, if a transaction fee is charged by the credit card company, that fee may be added to the total charge.
ARTICLE VU Association’s Denial of Requested Information: 7.1, Ifit is decided that a request for information is inappropriate or unapproved, the Board, or its designee, will notify the requesting member of that decision and the reason for it in a timely manner. The Board, or its designee, will inform the member, in writing of their right to appeal to the Board.
ARTICLE VUI
otify the requesting member of that decision and the reason for it in a timely manner. The Board, or its designee, will inform the member, in writing of their right to appeal to the Board.
ARTICLE VUI Document Retention Policy 8.1, The Association retains specific documents for the time periods outlined in the table located in Section 8.2. Documents that may not be specifically listed will be retained for the time period of the documents most closely related to those listed in the schedule.
Electronic documents will be retained as if they were paper documents. Therefore, any electronic files that fall into one of the document types on Section 8.2 will be maintained for the identified time period.
8.2. Document Retention Dates: DOCUMENT TYPE TIME PERIOD [1. ACCOUNTS PAYABLE | Accounts payable, accounts receivable support ledgers 7 years 2, ACCIDENT/SAFETY REPORTS Accident reports and insurance claims po 3. ACCIDENT REPORTS (WORKERS COMP) Accident reports and insurance claims for workers compensation injuries 7 years; Claims of minors should be retained 7 years or at until the minor turns 21, whichever is longer 7 years Unless employee is disabled, for longer period of time in which t case a period of disability plus 4 years.
4, MEMBER ASSESSMENT RECORDS Period of ownership plus two (2) year’s Unless period of ownership exceeds five (5) years, then retain last five (5) years.
5, AUDIT RECORDS Independent Audit Records 7 years 6. BANK RECORDS Statement of financial accounts, deposit tickets, cancelled checks, reconciliation statements.
{7 years 7, BOARD PACKAGES Documentation delivered to the Board prior to meetings. Temporary, intermediate documents used to develop final deliverable documents.
After meeting 8. BUDGETS Association budgets
rs 7, BOARD PACKAGES Documentation delivered to the Board prior to meetings. Temporary, intermediate documents used to develop final deliverable documents.
After meeting 8. BUDGETS Association budgets Committee charters 9. COMMITTEE CHARTERS {ndefinitely + 7 year's L a 10. COMMITTEE REPORTS Committee reports 4 years 11. CONTRACTS Final contracts between the Association and another entity.
Later of completion of performance or expiration of the contract term plus four (4) years 12, CONTRACT BID PROPOSALS/SPECIFICA TIONS For contract proposals not entered into by the Association, 2 years BOOKS Year End Financial Records and supporting documents 13. CORPORATE FINANCIAL RECORDS AND 7 years Rules, Regulations, Policies and Guidelines and all amendments thereto, deeds, easements.
14, CORPORATE GOVERNANCE DOCUMENTS Plats, Articles of Incorporation, By Laws, Restrictions, Indefinitely 15. CORRESPONDENCE-MEMBERS Correspondence relating to general matters 4: years 16, CORRESPONDENCE-MEMBERS Correspondence to/from members — kept in member file 2 years 17, DEEDS Deed records relating to common areas which are recorded in the real property records.
Indefinitely 18. DEED RESTRICTION ACTIVITY RECORDS Member deed restriction activity records Period of ownership plus two (2) years, Unless period of ownership exceeds five (5) years, then retain last five 19. EASEMENT AGREEMENTS Easements between the association and another entity.
20. EMPLOYEE APPLICATIONS Applications from employees who were not hired | Indefinitely _t (5) years.
_ + years 21, EXPENSE REPORTS 7 years 22, FINAL DOCUMENTS Final deliverable documents which are not superseded or incorporated into later documents.
See Document Type Contract drafts have benefit as they can help clarify contract terms
rs 22, FINAL DOCUMENTS Final deliverable documents which are not superseded or incorporated into later documents.
See Document Type Contract drafts have benefit as they can help clarify contract terms negotiated which may later be disputed.
23. JUDGMENTS Court judgments [Until judgment amount is paid in full. Judgments can be renewed every ten (10) years.
24, LABOR CONTRACTS Contract for labor or employment Contract period plus 4 years 25. LEASES Leases relating to equipment Lease term plus 4 years 26. LOAN DOCUMENTS Documents relating to loans plus security agreements Until the loan is fully discharged plus 4 years 27, MEETING TAPE OR VIDEO RECORDS Video or audio tape of meetings-strongly advise against these If made, destroy prior to next meeting.
See Meeting Minutes if used as same.
28. MEMBER OR OWNER RECORDS Member or Owner voting lists or Name, address, telephone, and email address.
29. MINUTES —- BOARD OF DIRECTORS Board minutes and written consents in lieu of a meeting 30. MINUTES — MEMBER MEETINGS Annual member meetings 31, MINUTES —- EXECUTIVE SESSION MEETINGS Executive session meeting minutes Period of ownership plus 2 years Unless period of ownership exceeds 5 years, then retain last 5 years 7 years 7 years 7 years 32, NEWSLETTERS Newsletter or inserts sent to association members 5 years 33. OPINION LETTERS OR REPORTS Prepared by professionals including attorney, accountant, engineer | Indefinitely 34. OWNER INFORMATION Current name and address of each owner Updated continually 35. PURCHASE ORDERS 36. RESERVE STUDIES Documents relating to study of common area and amount of funds necessary to fund upkeep, maintenance and replacement Four (4) years Time period for which the reserve study covers, plus 4 years statute of limitations period 37. TAX RETURNS
area and amount of funds necessary to fund upkeep, maintenance and replacement Four (4) years Time period for which the reserve study covers, plus 4 years statute of limitations period 37. TAX RETURNS Federal and State Income, Franchise Tax Returns and supporting documentation Indefinitely 38. VENDOR INVOICES Invoices associated with final contracts between the Association and another entity 39. VOTING RECORDS Associations board member election records including proxies and ballots Later of completion of performance or expiration of the contract term plus 4 years for statute of limitations for any action relating to a breach of contract.
1 year, Unless election is contested, then retain for period of contest Miscellaneous Fees and Expenses for Association’s 8.1. Document Package Fee: Upon request from a homeowner or a potential homeowner for a package containing all Association governing documents, including the bylaws, declarations of covenants, conditions and restrictions, and/or the financial history for the requesting homeowner, a one time fee of $150.00 will be assessed, with payment due prior to production of the documents requested.
8.2 Transfer Fee: All homeowners are required to obtain a Resale Certificate at or prior to closing on any lot within the Association. As part of said Resale Certificate, there shall also be a $75.00 transfer fee applied to each lot of that transaction, due prior to the delivery of the Resale Certificate, or at closing so long as the closing documents hold said transfer fee in escrow for payment.
8.3 Late Fees: Pursuant to Article VIII, Section 8 of the DCCR’S, the Board of Directors has the sole responsibility and authority to collection assessments, and the power to add
n escrow for payment.
8.3 Late Fees: Pursuant to Article VIII, Section 8 of the DCCR’S, the Board of Directors has the sole responsibility and authority to collection assessments, and the power to add to such assessments appropriate and reasonable penalties against said Owners for delinquency in payment of assessments. Therefore, in the event a homeowner is delinquent on making timely payments on the annual assessments for thirty (30) or more days, or on special assessments approved from time to time, there shall be a $25.00 late fee included to the account balance. Furthermore, the Association shall charge 8% interests, per annum, on all outstanding assessments due and owing, as specifically authorized by Article VII, Section 5 of the DCCR’S.
SIGNED on the Ge Chay of. JGFLGILNET _, 2022.
L SDiawtiD) TALLER President of SUNRISE ESTATES PROPERTY OWNERS' ASSOCIATION, do hereby declare, swear and affirm that this Policy for Application for Payments, Alternative Payment Plans, and Requests for Association Records was approved by affirmative vote of the Board of Directors for SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION.
CY CG CL. reget Jip Pr esident SUNRISE ESTATES PROPERTY OWNERSVA SOCIATION SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority by EDWARD “LAL PRresidenty of (SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, on the 4A “day of YALU OC 2022, ; ENG Stetanie Za Vile kt Auk g. 5 hy comm Randal es il PUBLIC, STATE OF TEXAS > ig 10/30/202 > Weg 1D No. 130425547 Fy LVYAKMME Lie de Ev) “, Secretary of SUNRISE ESTATES PROPERTY OWNERS' ASSOCIATION, do hereby declare, swear and affirm that this Policy for Application for Payments, Alternative Payment Plans, and Requests for Association Records was approved by
ESTATES PROPERTY OWNERS' ASSOCIATION, do hereby declare, swear and affirm that this Policy for Application for Payments, Alternative Payment Plans, and Requests for Association Records was approved by affirmative vote of the Board of Directors for SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION.
he — Score etary SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION Ko YAM E, JD EAM SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority by POR VLE DUM § Me bhege Secpetaty SUNRISE, ESTATES PROPERTY OWNERS’ ASSOCIATION, on the A * day of AY, A lit Li Ui, 9099.
A Aa ad aoe in Stefanie Randall My Commission Expires ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF NAVARRO § This instrument was acknowledged before me by EDvwrred lAG§E®yesident of SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, on the Cv day of She TE LERO 2G uv wew www’ - ; y < dall 5 iets Beer | i% 10130 fl] meoleed Leona naan | NOWARY PUBLIC. STATE OF TEXAS ie STATE OF TEXAS , § COUNTY OF HENDERSON § Nt EE Bf This instrument was acknowledged before me by Sihne, Obl , Secretary of SUNRISE ESTATES PROPERTY OWNERS’ ASSOCIATION, on the AA day of GEFFEN BLE 2022, . 4 aN Stef y a f Ms i) / } WK Id)No. 190426547 NO) fARY P aaa STATE OF TEXAS