Doc-20044 BK-OR VI-10839 Pg-239 PROPERTY OWNERS ASSOCIATION AMENDED MANAGEMENT CERTIFICATE FOR THE CREEKS AT DEERFIELD PROPERTY OWNERS' ASSOCIATION 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 Per Texas Property Code 209.004) (effective September 1,2013) "The County Clerk of each county in which a Management Certificate is filed as required by this section shall record the Management Certificate in the real property records of the county and index the document as a "Property Owners' Association Management Certificate" 6.
State of Texas § County of Bell § 1.
Name of Subdivision: The Creeks at Deerfield 2.
Subdivision Location: Bell County 3.
4.
Name of Homeowners Association: The Creeks at Deerfield Property Owners Association cial Copy Recording Data for Association: Plat is filed at the County under Volume 5770, Page 598, Volume 4566, Page 512, Volume 4944, Page 354, in Cabinet C, Slide 126-A, Cabinet C, Slide 266-D, Cabinet C, Slide 394-C, Cabinet D, Slide 115 A.
Recording Data for Declaration: Declaration of The Creeks at Deerfield Property Owners' Association is filed under Document No. 2007-00008043, Declaration of The Creeks at Deerfield, Phase I, Section 1 is filed under Document No. 2007-00008044, Declaration of The Creeks at Deerfield, Phase I, Section 2 is filed under Document No. 2009-00045810, Declaration of The Creeks at Deerfield, Phase I, Section 3 is filed under Document No. 2011-00005466, Declaration of The Creeks at Deerfield, Phase I, Section IV-4 is filed under Document No. 50882 or Volume 8777, Page 162.
The Creeks at Deerfield Property Owners Association Amended and Restated Bylaws are filed under Document No. 2016-00036
hase I, Section IV-4 is filed under Document No. 50882 or Volume 8777, Page 162.
The Creeks at Deerfield Property Owners Association Amended and Restated Bylaws are filed under Document No. 2016-00036 Other information the Association considered appropriate for the governing, administration or operation of the subdivision and homeowner's association: The Creeks at Deerfield Property Owners' Association Policy Manual is filed under Document No. 2017-00046754 The Creeks at Deerfield Property Owners' Association Billing Policy and Payment Plan Guidelines are filed with and attached to this Certificate.
Mailing Address and Contact Information for the Association and the Managing Agent: Spectrum Association Management 7215 Bosque Blvd, #128 Waco, TX 76710 [email protected] 254-340-6985 Fax: 512-834-3901 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.
Doc-20044 BK-OR VI-10839 Pg-240 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 15th day of May
HE 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 15th day of May The Creeks at Deerfield Property Owners' Association By: Shelby Schiller 2019 Shelby Schilleci (of Spectrum Association Management) Managing Agent State of Texas $ County of Bexar § Ado This Instrument was acknowledged and signed before me on May Shelby Schilleci, representative of Spectrum Association Management, LP, the Managing Agent for The Creeks at Deerfield Property Owners' Association, on behalf of said Association.
denise & Mah Notary Public, State of Texas After Recording Return To: Spectrum Association Management Attn: Transitions 17319 San Pedro, #318 San Antonio, TX 78232 Unofficia TEXAS DENISE J MAHAN NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 10/21/2022 NOTARY ID# 651558-6 Doc-20044 Bk-OR VI-10839 Pg-241 THE CREEKS AT DEERFIELD PROPERTY OWNERS' ASSOCIATION BILLING POLICY AND PAYMENT PLAN GUIDELINES STATE OF TEXAS COUNTY OF BELL 5656 § § § WHEREAS, the Declaration of Protective Covenants ("Declaration") of The Creeks at Deerfield Property Owners' Association ("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 Copy 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
d 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 of the The Creeks at Deerfield Property Owners' Association, the attached Billing Policy and Payment Plan 13 day of MAY present.
Signature: Payment Plan guid Guidelines were approved on the 20_19 at a meeting of the Board of Directors at which a quorum was Printed Name: JOHN AUCH MAN N Title: President - HOA Date: 5-13-2019 Doc-20044 Bk-OR VI-10839 Pg-242 THE CREEKS AT DEERFIELD PROPERTY OWNERS' ASSOCIATION BILLING POLICY AND PAYMENT PLAN GUIDELINES I. BILLING POLICY 1. 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.
2. 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
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 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.
3. DUE DATE Unofficial copy 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.
4. INTEREST
ccount 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.
4. 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 5. LATE FEES 6.
paid in full.
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 preparation, amounts related to making staff available for communication with past due owners, file review 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.
7. 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.
Doc-20044 Bk-OR VI-10839 Pg-243
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.
Doc-20044 Bk-OR VI-10839 Pg-243 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 such additional administrative costs may continue until the entire balance is paid in full.
8. 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
ent 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.
9. 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 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
ion 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.
11. 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 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 Doc-20044 Bk-OR VI-10839 Pg-244 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: 1. 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;
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. 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; 5. 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 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; Unofficial Copy 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;
y 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 III. General Provisions 1. Independent Judement 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.
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. of Payments 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 Association's right to collect the full outstanding balance due on an owner's account.
4. 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.
Doc-20044 Bk-OR VI-10839 Pg-245 Bell County, Tx Shelley Coston County Clerk Document Number: 2019-20044 Recorded As : ERX-RECORDINGS Recorded On: May 15, 2019 Recorded At: 03:41:47 pm Number of Pages: 7 Book-VI/Pg: Bk-OR Recording Fee: $31.00 Parties: Receipt Number: Processed By copy Direct- CREEKS AT DEERFIELD PROPERTY OWNERS ASSOCIATION Indirect-CREEKS AT DEERFIELD Ramirez Unofficial STATE SELL COUNTY TEXAS
: Bk-OR Recording Fee: $31.00 Parties: Receipt Number: Processed By copy Direct- CREEKS AT DEERFIELD PROPERTY OWNERS ASSOCIATION Indirect-CREEKS AT DEERFIELD Ramirez Unofficial STATE SELL COUNTY TEXAS (Parties listed above are for Clerks reference only) Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
I hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston Bell County Clerk Duellery Coston