2012029159 dos Electronically Recorded Dianne Wilson, County Clerk Official Public Records Fort Bend County Texas ( CP? 2012 Mar 21 11:32 AM Pages: 6 Fee:$ 31.00 IO THE FOUNTAINS AT JANE LONG FARM HOMEOWNERS ASSOCIATION Z aD > COLLECTION POLICY AND PAYMENT PLAN GUIDELINES <iapcor tbs XAS § § naam Ooren § a Aes Ve wh, pare Popérly encumbered by these Collection Policy and Payment Plan Guidelines (the 7 idgli ines”) is that property initially restricted by the Declaration of Covenants, a ions, Restrictions and Easements for The Fountains at Jane Long Farm, recorded unde Voted uijty Clerk’s File No, 2006015089, as same has been or may be amended from time to fim (at and any other subdivisions which have been or may be subsequently annexé eherbia"a dhtfade subject to the authority of The Fountains at Jane Long Farm Homeown se the “Association’”); and (the “Board”) of the Associa ¢ Guidelines for the purposes of establishing a uniform and systematic proce ae e i sessments and other charges of the Association and identify the guidelines unde stich omer may y Fequest an alternative payment schedules for certain assessments; and ‘a WHEREAS, pursing vi ste le 29 of e Texas Property Code, the Board of Directors reby.ad Pol a wt a WHEREAS, the Board has deter — fs ro best interest of the Association to establish these Guidelines.
NOW, THEREFORE, BE IT RESOLVED nye) nit does hereby adopt this Collection Policy and Payment Plan Guidelines, whic oe with the land and be binding on all owners and lots within the subdivision. These i a previously recorded or implemented guidelines that address the subjects contain 1 COLLECTION POL 1. | ASSESSMENT PERIOD a yD The Board has the duty of establishing and adopting an Fru nd dg “tn advance, for
usly recorded or implemented guidelines that address the subjects contain 1 COLLECTION POL 1. | ASSESSMENT PERIOD a yD The Board has the duty of establishing and adopting an Fru nd dg “tn advance, for each fiscal year of the Association covering the estimatec oe ation of the Association during each calendar year.
2, NOTICE The Board shall fix the amount of the annual assessment eo lot—fots, the following year and shall, at that time, prepare a roster of the lots dnd.as ments applicable thereto which shall be kept in the office of the Association andsh Lhe opeprt = a von } Copyright © 2012 by Roberts Markel, all rights reserved. This Policy may be used only “ a“ ys in connection with The Fountains at Jane Long Farm subdivision and the operation of rs a “ The Fountains at Jane Long Farm Homeowners Association. ed we I 1 Fe ( E D eg a > inspection by any owner. Upon completion of the roster, written notice of the assessment ay be sent to every owner subject to the assessment. An owner may not escape liability assessments on the basis of such owner’s failure to receive notice, if such notice was sent via régular mail to the most recent address of the owner according to the records of pie ae tion. ae owner shall have the obligation to notify the Association in writing of an tess which shall become effective five days after written notice has oy _ te DUE vse All ee on an annual basis, as determined by a majority of the Board for that ee year. If any assessment due the Association is not paid on the date when due, then- uc ‘session shall be become delinquent thirty (30) days after the due date.
Char. peti ase wner are considered delinquent until such time as they are paid
ation is not paid on the date when due, then- uc ‘session shall be become delinquent thirty (30) days after the due date.
Char. peti ase wner are considered delinquent until such time as they are paid in full. at ty Payments re G fter. Spas are considered delinquent and the entire amount due shall automatic tra erred to a Payment Plan as set forth in Section II of these Guidelines. ‘ fom, 4, INTEREST of If the assessment is ni ail yin ‘thi (30) days after the due date, the assessment ihe shall bear interest from 6 date at the on set forth in the Declaration until the assessment is paid in full.
ae a. DELINQUENCY NOTIFICATION ao The Association may cause to be - f the ‘i otification(s) to delinquent owners: a, PAST DUE NOTICE in 7“ even that an assessment account balance remains unpaid thirty (30) days fro othe due date, a Past Due Notice may be sent via regular mail to each owner wittrp delinquent account setting forth all assessments, interest and othe arhounts ue. The Past Due Notice will contain a statement that the &ntire amd e has automatically been transferred to a Payment Plan as set forth cna II of these Guidelines. A P = charge may be added to each delinquyént éwner’s account balance for administrative and postage costs related.to a Tan.
‘ b. FINAL NOTICE: In the event there is a default onthe Payment Plan, where an assessment account balance remains unpaid gixty’(60}days or later from the due date, a Final Notice may be sent via ifie maiVicwach delinquent owner. The Final Notice will set forth the ing inten tion and the result of failure to pay, including an explanation OK a 1, AMOUNTS DUE: All delinquent assessnegn ts Ai htatest nd other amounts due; 3 AE 2. HEARING: Owners shall be given notice ani Se a hearing before the Board. A hearing shall be NOs
n explanation OK a 1, AMOUNTS DUE: All delinquent assessnegn ts Ai htatest nd other amounts due; 3 AE 2. HEARING: Owners shall be given notice ani Se a hearing before the Board. A hearing shall be NOs Copyright © 2012 by Roberts Markel, all rights reserved. This Policy may be used only 3 in connection with The Fountains at Jane Long Farm subdivision and the operation of ef The Fountains at Jane Long Farm Homeowners Association. Coe a oN, (Ce * ““ request for a hearing is received by the Association not more than es 2 thirty (30) days from the owner’s receipt of the Final Notice.
a ¥ ve ) If a hearing is requested within 30 days from receipt of the Final as Notice, further collection procedures are suspended until the < a a hearing process is completed. The Board shall set a hearing date fC not later than 30 days after receipt of owner’s request for a hearing.
for a period of not more than ten (10) days. Additional aa _xpostponements may be granted by agreement of both parties.
< rther collection steps will be determined by the action of the < “ eS Sy oard; al — “3 3—COMMON AREA RIGHTS SUSPENSION: If a hearing is not requested within 30 days from receipt of the Final Notice, the a Suse of recreational facilities and common properties may na suspended; and AdILWARY NOTICE NOTICE: If the owner is serving on active military owe n under federal law, including the Relief Act.
within 30.days from receipt of the Final Notice, member privileges will be ariel the account may be sent to a collection agent and/or the Association’s atterney for collection and any fees and expenses will be charged-to the om? semen account. An owner may
privileges will be ariel the account may be sent to a collection agent and/or the Association’s atterney for collection and any fees and expenses will be charged-to the om? semen account. An owner may not be charged fees of a olléction-~age (as same is defined in Property Code §209.0064) or legal couge] Tn: he -Association first provides written notice to the owner by certifi sit return ceipt requested, that: 1. Specifies each delioiuett amount and the total amount of the payment required to ake the Hie count.gurrent; 2. Describes the options the oy’ fe to pa having the account turned over to a collectidn Fenty He legal counsel, including information regarding avail ility f ye plan through the Association; and 3. Provides a period of at least si e owner to cure the delinquency before further collection getian’is taken.
6. REFERRAL OF ACCOUNT TO ASSOCIATION’S ATTORNEY, a Upon referral of the account to the Association’s attorney, the’ oe uthiprized to take whatever action is necessary, in consultation with the Bo udi e. but not limited to: sending demand letters, filing a lawsuit against the deli quent money judgment, instituting an expedited foreclosure action; and, filing’necessa fy lai S, objections and motions in the bankruptcy court and monitoring the bank ee order to protect the Association’s interests.
Copyright © 2012 by Roberts Markel, all rights reserved, This Policy may be used only Se ae ad in connection with The Fountains at Jane Long Farm subdivision and the operation of ef a“ 4 The Fountains al Jane Long Farm Homeowners Association . a o “ o N eae n the event the Association has determined to foreclose its lien provided in the > sreolmaion and to exercise the power of sale thereby granted, such foreclosure shall be
s Association . a o “ o N eae n the event the Association has determined to foreclose its lien provided in the > sreolmaion and to exercise the power of sale thereby granted, such foreclosure shall be a 5 complished pursuant to the requirements of Section 209.0092 of the Texas Property Assophaient Sattorney so that the Association’s interests may be protected.
8. REQUIRED AG Ps Not ‘ig coiitainédierein, not otherwise required by the Declaration or by law, shall requike the, Association to take any of the specific actions contained herein. The Board of the sentaiiepatell Ray the right, but not the obligation, to evaluate each delinquency on a Case- ce in in i Meat judgment deems reasonable.
OM 2 a ok PAYMENT PLAN l. PAYMENT PL The Association oe Sea =a Son Plan schedule by which an owner may the at make partia! payment ior Tor delinquent regular or special assessments, or any other sraonch of m Meceiaion without accruing additional monetary penalties. Monetary onaties rte include jntérest or reasonable costs associated with administering the Payment Phin. The Payment PlartSchedule is as follows: a. The term for the Payment-Plan iss Qo) lonths; b. A Payment Plan shall ion p cent (20%) of the delinquent amount to be paid at the inception. of the P of the = xen Pan with the balance being due and payable in five (5) oouat Bovine! cayinits ng e es the first day of each month; c. Failure to pay the initial payme ft if twenty’ percent (20%) of the delinquent amount shall be considered a meft alt of th of the’ eyOTeAL Plan; d. An owner, upon written request, may reque a period of time; e. The Association is not required to honoy revious Payment Plan
nquent amount shall be considered a meft alt of th of the’ eyOTeAL Plan; d. An owner, upon written request, may reque a period of time; e. The Association is not required to honoy revious Payment Plan during the two (2) years following a eo under a previous Payment Plan. me oe S Ds APPLICATION OF PAYMENTS a, [ae a a. _ Except as provided in subsection (b) immediately)-bé 5a ye t received by the Association shall be applied in the following*or: det ‘of prio 1, Any delinquent assessment; © v 2. Any current assessment; Association associated solely with assessments or other 3. Attorney’s fees or third party collection costs iffen a, By he can be the basis of foreclosure; heh Copyright © 2012 by Roberts Markel, all rights reserved. This Policy may be used only Ce “ ee in connection with The Fountains at Jane Long Farm subdivision and the operation of ef The Fountains al Jane Long Farm Homeowners Association. : Se o I 4 a’, “ Xa ey 4, Attorney’s fees not subject to “3” above; 7 5. Fines; 6. Any other amount owed to the Association.
eS “ th, GF oy: Iffwhen an owner defaults on a Payment Plan, the remaining delinquent amount will become due in full and the Association may begin further cole ion action as set out above in Article I(5)(b). Any payment(s) received tledyion action a after such default of a Payment Plan shall be applied in the SF Cia rder of priority: AE “Cpsts; < Poa “ 3s - oe Attorney fees; a” 3. tnterest; (aoe € dine assessments $C rei nt assessments; and As to each ea e oa: subsection (b), payment shall be applied to the most-aged eee Sits he-eicceptance of a partial payment on an owner’s account does not ute ¢ a waiver of the Association’s right to collect the full outstanding balance lucent said owner2saecount.
< SX s 3, PAYMENTS RETURNED NON- SUFF ENEF
partial payment on an owner’s account does not ute ¢ a waiver of the Association’s right to collect the full outstanding balance lucent said owner2saecount.
< SX s 3, PAYMENTS RETURNED NON- SUFF ENEF An owner will be assessed a servj “chase fo forrany/check that is returned or Automatic Clearing House (ACH) debit that i pot paid’ or arly reason, including but not limited to Non-Sufficient Funds (NSF) or stop” ayment grder os amount of the service charge assessed will be the customary amount char.
a CoN > CC VA 3 i aN fu of pf gl Ne im a.
Ce ir Cor, COS) iC !
o Sp in connection with The Fountains at Jane Long Farm subdivision and the operation of ee ae al The Fountains at Jane Long Farm Homeowners Association. ee a a a “ ed Dhnosie certify that, as Secretary of The Fountains at Jane Long Farm Homeowners ae Association, the foregoing Collection Policy and Payment Plan Guidelines were approved on the ay of , 2012, at a meeting of the Board of Directors at which a quorum was p Shi ein —— » 2012.
VO ERS CAS STATE OF Nat ae oT COUNTY OF FOR Pe) a Pacerveie ORE M oy ne personally appeared Kaeth Bante _, the Secretary of The Fountain a at Jafie Ty Homeowners Association, known by me to be the person whose name is subset trument, and acknowledged to me that s/he executed the same for the purposes he (eine Express¢ apdintyhe capacity herein stated, and as the act and deed of said corporation. Toe ” ae we stoi ee After Recording Please Return To: Stephanie L. Quade Roberts Markel 2800 Post Oak Blvd., 57" Floor Houston, TX 77056
on. Toe ” ae we stoi ee After Recording Please Return To: Stephanie L. Quade Roberts Markel 2800 Post Oak Blvd., 57" Floor Houston, TX 77056 Copyright © 2012 by Roberts Markel, all rights reserved. This Policy mtay be used only C- “ in connection with The Fountains at Jane Long Farm subdivision and the operation of ee a a The Fountains at Jane Long Farm Homeowners Association. ad ie o