T ---1-2011109756-1 AFFIDAVIT FOR FILING DEDICATORY INSTRUMENTS STATE OF TEXAS » COUNTY OF MONTGOMERY ) KNOW ALL BY THESE PRESENTS: WHEREAS section 202.006 of the Texas Property Code requires that a property owners' association file its dedicatory instruments in the real property records of the county in which the property is located, and WHEREAS the Woodland Oaks Property Owners Association, Inc. is a property owners' association as the term is defined in the Texas Property Code and has property located in Montgomery County, Texas, NOW THEREFORE, true copies of the following dedicatory instruments of the Woodland Oaks Property Owners Association, Inc. which have not been previously filed in the public records of Montgomery County are attached hereto, including: Woodland Oaks Property Owners Association, Inc.PAYMENT PLAN POLICY FURTHER, other dedicatory instruments of the Woodland Oaks Property Owners Association, Inc. have already been filed in the public records of Montgomery County and these documents supplement the previously filed documents.
SIGNED on this 7th day of December, 2011.
Signature: By: Susan Gonzales Title: CKM Property Management, Managing Agent for Woodland Oaks Property Owners Association, Inc.
STATE OF TEXAS COUNTY OF MONTGOMERY ) This instrument was acknowledged before me on this 7th day of December, 2011 by Susan Gonzales.
NOTARY LINDA SCHAEFER MY COMMISSION EXPIRES May 15, 2014 Signature: By: Linda Sehaefer Title: Notary in and for the State of Texas My commission expires on 05/15/14 LT2-5 Return to: CKM Property Management, Inc.
P.O. Box 160 Tomball, TX 77377-0160 Phone: 281-255-3055 Fax: 281-255-3056 4 Woodland Oaks Property Owners Association, Inc.
PAYMENT PLAN POLICY STATE OF TEXAS COUNTY OF MONTGOMERY cos cos cos
nt, Inc.
P.O. Box 160 Tomball, TX 77377-0160 Phone: 281-255-3055 Fax: 281-255-3056 4 Woodland Oaks Property Owners Association, Inc.
PAYMENT PLAN POLICY STATE OF TEXAS COUNTY OF MONTGOMERY cos cos cos KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Woodland Oaks Property Owners Association, Inc. ("Association") is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declarations for the various sections of the community (referred to collectively as “Declarations”); and WHEREAS, chapter 209 of the Texas Property Code was amended effective January 1, 2012, to add Section 209.0062 ("Section 209.0062") thereto regarding alternative payment schedules for assessments ("Payment Plans"); and WHEREAS, the Board of Directors of the Association ("Board") desires to establish a policy for Payment Plans consistent with Section 209.0062 and to provide clear and definitive guidance to owners.
NOW, THEREFORE, the Board has duly adopted the following Payment Plan Policy.
1.
2.
3.
Subject to Section 12 below, owners are entitled to make partial payments for delinquent amounts owed to the Association under a Payment Plan in compliance with this Policy.
Late fees, penalties and delinquent collection related fees will be not be added to the owner's account while the Payment Plan is active. The Association may impose a fee for administering a Payment Plan. Such fee, if any, will be listed on the Payment Plan form and may change from time-to-time. Interest will continue to accrue during a Payment Plan as allowed under the Declarations. The Association can provide an estimate of the amount of interest that will accrue under any proposed plan.
All Payment Plans must be in writing on the form provided by the Association and
clarations. The Association can provide an estimate of the amount of interest that will accrue under any proposed plan.
All Payment Plans must be in writing on the form provided by the Association and signed by the owner.
6.
4.
The Payment Plan becomes effective and is designated as “active” upon: a.
receipt of a fully completed and signed Payment Plan form; and b.
receipt of the first payment under the plan; and C.
5.
acceptance by the Association as compliant with this Policy.
A Payment Plan may be as short as three (3) months and as long as eighteen (18) months based on the guidelines below. The durations listed below are provided as guidelines to assist owners in submitting a Payment Plan.
a.
Total balance up to 2 times annual assessment ... up to 6 months b.
Total balance up to 3 times annual assessment ... up to 12 months C.
Total balance greater than 3 times annual assessment ... up to 18 months On a case-by-case basis and upon request of the owner, the Board may approve more than one Payment Plan to be executed in sequence to assist the owner in paying the amount owed. The individual Payment Plans may not exceed eighteen (18) months.
° Woodland Oaks Property Owners Association, Inc.
Payment Plan Policy Page 2 of 3 7.
8.
9.
A Payment Plan must include sequential monthly payments. The total of all proposed payments must equal the current balance plus Payment Plan administrative fees, if any, plus the estimated accrued interest.
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.
If an owner defaults on the terms of the Payment Plan, the Payment Plan will be
er will be required to pay future assessments by the due date in addition to the payments specified in the Payment Plan.
If an owner defaults on the terms of the Payment Plan, the Payment Plan will be voided. The Association will provide written notice to the owner that the Payment Plan has been voided. It is considered a default of the Payment Plan, if the owner: a.
fails to return a signed Payment Plan form with the initial payment; or b.
misses a payment due in a calendar month; or C.
makes a payment for less than the agreed upon amount; or d.
10.
11.
12.
fails to pay a future assessment by the due date in a Payment Plan which spans additional assessment cycles.
In the absolute discretion of the Association, the Association may waive default under item b, c or d above if the owner makes up the missed or short payment on the immediate next calendar month payment. The Association may, but has no obligation to, provide a courtesy notice to the owner of the missed or short payment.
On a case-by-case basis, the Association may agree, but has no obligation, to reinstate a voided Payment Plan once during the original duration of the Payment Plan if all missed payments are made up at the time the owner submits a written request for reinstatement.
If a Payment Plan is voided, the full amount due by the owner shall immediately become due. The Association will resume the process for collecting amounts owed using all remedies available under the Declarations and the law.
The Association has no obligation to accept a Payment Plan from any owner who has defaulted on the terms of a Payment Plan within the last two (2) years.
This Policy is effective upon recordation in the Public Records of MONTGOMERY County, and supersedes
Plan from any owner who has defaulted on the terms of a Payment Plan within the last two (2) years.
This Policy is effective upon recordation in the Public Records of MONTGOMERY County, and supersedes any policy regarding alternative payment schedules which may have previously been in effect. Except as affected by Section 209.0062 and/or by this Policy, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
.
Woodland Oaks Property Owners Association, Inc.
Payment Plan Policy Page 3 of 3 Approved and adopted by the Board on this 22 day of November 2011.
Eric R Miller President Woodland Oaks Property Owners Association, Inc.
STATE OF TEXAS COUNTY OF MONTGOMERY cos cos cos Before me, the undersigned authority, on this day personally appeared Eric R Miller, President of Woodland Oaks Property Owners Association, Inc., a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 22 day of [Notarial Seal] DANA JO KELLY Notary Public, State of Texas My Commission Expires October 14, 2012 2011.
November.
Ата Kelly Notary Public, State of Texas Dana Jo Kelly, Printed Name My commission expires: 10/14/12 FILED FOR RECORD 12/13/2011 10:07AM Mark Tumbl COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS COUNTY OF MONTGOMERY I hereby certify this instrument was filed in file number sequence on the date and at the time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
RY I hereby certify this instrument was filed in file number sequence on the date and at the time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
12/13/2011 COUNTY * URT OF..
UNTY, TEXAS COUNTY.
Mark Tumball County Clerk Montgomery County, Texas Doc# 2011109756