July 10, 2013

Phasing in State Mandated Collection Policy

The Association has been working over the past year to phase into compliance with the Texas HOA Reform Laws pasted by the Texas legislature.  House bill 1821 and 1228 (1/1/2012) requires that an HOA subdivision consisting of more than 14 lots adopt guidelines for the collection of delinquent assessments, record a copy of the guidelines in the official public records of the county, and administer collections in strict compliance with the policy. The policy was approved by directors Bauer, Hillier, Johnson, Madison, Otrodovec, Ranew, and Scott. No directors abstained or voted against.

The 2012 Treasurer began contacting the our delinquent owners a year ago to try to get them into structured payment plans - the 2013 Treasurer continued with this process. To help owners in financial need, all owners with delinquent balances have the option to make partial payments for delinquent amounts under an Alternate Payment Plan if the plan is signed ad in compliance with the Association's policy. Without exception, the Association is offering all owners the same options and alternate payment plans and relief as provided for in the collection policy and is not otherwise discounting assessments, special assessments, fees for service, late fees, penalties, legal and other collection related fees

All delinquent owners have received certified letters, phone calls, emails, and visits to their home to try to resolve matters.  All have been offered payment plans. Six paid off their past due balances and six signed structured payment plan contracts.

Three owners, however, have been either non-responsive, refused to pay unless provided special discounts, or signed a payment plan contract and then didn't pay as scheduled.  As of today, these three homes have had services discontinued (blue x on the yards is notice to landscapers) and if not resolved in the next few weeks will be turned over to the Association Attorney to begin the lien and foreclosure process. 

This is extremely hard for all involved as we are neighbors and this is a task no one wants to be involved in.  We have been very conservative in the phasing of this policy in and still have hope for a resolution with our friends and neighbors.  Please read more about the collection policy here.