QUESTION: If for whatever reason(s) we are unable to pay the upcoming semi-annual HOA assessment due on January 1, 2023 and late if not paid before January 31, 2023, what are our options?
ANSWER: The best option would be to initiate a request for a Payment Plan with the HOA, submitted through the HOA’s management company to the Board of Directors for approval consideration. The requested Payment Plan must be received and approved prior to the “Late By” date of an assessment. Payment Plan information is included in CCR Article XXXV, Covenants for Maintenance Assessments, portions provided below, which incorporated the requirements included in the amendment to Chapter 209 of the Texas Property Code by the Texas State Legislature dealing with alternative payment schedules, and effective on January 1, 2012:
Payment Plan. Except as indicated 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 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 signed by the owner. The Payment Plan becomes effective and is designated as “active” upon receipt of a fully completed and signed Payment Plan form, receipt of the first payment under the plan, and acceptance by the Association as compliant with this Policy.
A Payment Plan may be no shorter than three (3) months and as long of a period as the Association approves 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 … 12+ months
A Payment Plan must include sequential monthly payments. The total of all proposed payments must equal the current balance plus the estimated accrued interest and [any] late charge(s). 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 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 fails to return a signed Payment Plan form with the initial payment, misses a payment due in a calendar month, makes a payment for less than the agreed upon amount, or fails to pay a future assessment by the due date in a Payment Plan which spans additional assessment cycles.
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 defaulted on the terms of a Payment Plan within the last two (2) years or from an owner more than once in any 12-month period.
**Please Note:
>Hill Country Homeowners Association Management currently does not charge a fee for managing payment plans
>Any assessment not paid within 30 days after the due date will bear interest from the due date at a rate of 12% per annum.
>The Payment Plan request form for Hill Country Homeowners Association Management can be accessed at https://www.hillcountryhomeowners.com/requestmanager.php?view=usersubmit&cat=6
These periodic CCR messages intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
