Standard Resolutions

We agree to use the proposals below without modification beyond including the legal name and county of our community. We will formally adopt and sign these proposals within 30 days of signing the JellyBird proposal.

EXAMPLE ASSOCIATION

BILLING POLICY AND PAYMENT PLAN GUIDELINES

STATE OF TEXAS §
§
COUNTY OF BEXAR §

WHEREAS, the Declaration of Protective Covenants (“Declaration”) Example 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

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 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.

Certification

I hereby certify that, as _____________________ of the Example Association, the attached Billing Policy and Payment Plan Guidelines were approved on the _______ day of _____________, 20_____ at a meeting of the Board of Directors at which a quorum was present.

 

Signature: _______________________________

Printed Name:____________________________

Title:____________________________________

Date: ___________________________________

Schedule of Billing Procedures

Collection Action *

Late Charge

Administrative Fee

Other Fees

1st Notice: Courtesy Notice 30 Days

Letter generated and mailed to owner with deadline to pay.

Per governing documents

$20

N/A

2nd Notice: Notice of intent to hand deliver 60 Days

Letter generated and mailed to owner with deadline to pay.

Per governing documents

$20

N/A

3rd Notice: Notice to hand deliver 90 days

Letter generated and mailed to owner with deadline to pay. Letter also sent via FedEx to hand deliver to resident.

Per governing documents

$20

$50 Hand Delivery charged to owner’s account.

4th Notice: Notice of Escalated Property Processing 120 days

Letter generated and mailed to owner with deadline to pay. PACER search done looking for all listed owners of the property. All pending bankruptcies or active litigation involving owner researched for financial situation of owner and to determine if the property is at risk for foreclosure by another entity superior to HOA.

Per governing documents

$20

$120 Escalated Property Processing fee charged to owner’s account.

Board Approval needed to send to attorney.

209 Notice: 209 compliant notice generated. Balance forwards, if necessary, attached to billing statement.

Per Property Code 209

$20

$50 Statutory Notice fee

charged to owner’s account.

Sent to attorney

Compile file to provide to third party collector. Title search completed to confirm ownership and mailing address. 209 notice reviewed for compliance. Tracking information and signature for 209 reviewed. Search for any existing liens against the property. Transaction history pulled and provided to attorney. Legal work order generated to provide attorney any pertinent information on the owners file. Correspondence reviewed for any contact with owner regarding payments, pending sales and refinances, or pending payment plan requests. Account coded to attorney so that attorney can access real time information on the CINC portal.

Per governing documents

$20

$90 fee to process file to third party debt collector. Owner is responsible for all attorneys’ fees/court costs paid by and/or charged to the Association.