Thank You for Paying On-Time!

The Spring Creek Court Homeowners Association, Inc., enjoys a high percentage of homeowners paying the mandatory $395 annual property assessment on or before January 1st of each year.

To all those homeowners, congratulations and THANK YOU!  Your continued promptness and cooperation make it possible for the HOA to pay ongoing operating expenses in a timely manner and to reserve funds for future capital improvement projects.

 

The Costs of Paying "Short", Paying Late, or Not Paying at all

Over the years, a few Spring Creek Court property owners have found themselves abruptly engaged with the Association's collections attorney.  This happens when a homeowner fails to pay their annual property assessment in full, or at all, and chooses not to respond to subsequent letters and notices from the HOA's managing agent, or repeatedly claims "the check's in the mail".

When this happens, the homeowner is on a path to incurring very expensive legal fees that, alone, can amount to 3 or 4 times the $395 annual propertry assessment fee.  And that doesn't include late-payment finance charges that are added to the homeowner's account for each month the assessment account balance remains unpaid.

The least expensive way to pay the $395 annual property assessment is to pay-in-full, on time.

 

Extended-Payment Plan (optional)

If you are unable to make payment-in-full for your annual property assessment in the month of January, you are strongly urged to apply for the optional extended-payment plan without delay to avoid the involvement of the HOA's collections attorney.

1. Contact the HOA's managing agent immediately (Kay Serventi at Preferred Management Services -
    281.897.8808
) and request an application to pay by means of the optional contractual extended-payment plan.
    This will involve the homeowner executing a formal contractual payment agreement whereby the homeowner
    contractually agrees to make nine (9) equal monthly installment payments to pay your property assessment in full.
    There is an additional fee for choosing the optional extended-payment plan.  

    NOTE: The managing agent is not authorized to negotiate the standard terms of the optional extended payment plan.

2. Respond immediately to letters and notices from the HOA's managing agent.  Make the effort to be engaged,
    and act accordingly.

3. Respond immediately to letters and notices from the HOA's collections attorney.  Ignoring or turning away the
    collections attorney's certified mail delivery attempts makes a bad situation worse.

 

Spring Creek Court Homeowners Association, Inc.
Collections Process
for Short-Payment, Late Payment and Non-Payment
of Annual Property Assessments

 

Every Spring Creek Court homeowner is required to pay an Annual Property Assessment in an amount specified by Article XI of the Association's Bylaws (2004) and in years thereafter as determined by action of the Association's elected board of directors and posted on this website.  Absentee homeowners are not excused or otherwise released from this obligation.

The named property owner of record is solely responsible for paying the Annual Property Assessment.  

Every homeowner receives from the Association's managing agent an Account Statement (invoice) towards the end of the year.  The individualized Account Statement is mailed to the property owner of record and indicates the assessed property address, amount of the property assessment, and payment due date (January 1 every year).

The current Annual Property Assessment rate has remained unchanged since 2010.

Homeowner in Default...

A homeowner that fails to pay the Annual Property Assessment in-full in January of any year and subsequently fails to pay-in-full prior to the specific payment deadline announced in a formal Notice of Delinquent Property Assessment will be considered to be in "default".

Notices of Delinquent Property Assessment are issued by the HOA's managing agent and delivered via USPS first-class postage and certified mail.  Notices of Delinquent Property Assessment always "advertise" a specific pay-in-full payment deadline before referring a default homeowner account to the Association's third-party collections attorney.

If the advertised payment deadline lapses without action or remedy by the default homeowner, the default account is then referred to the HOA's collections attorney.

When a default homeowner's account is placed in the hands of the HOA's collections attorney, the homeowner is facing the power of law.  The collections environment is never pleasant, and positions the default homeowner to face the following reality:

 

1. The HOA's collections attorney collects 100% of the amount owed by a default homeowner - 100% of the time.

2. The default homeowner pays 100% of the collections attorney's fees - 100% of the time.

3. The default homeowner pays 100% of outstanding late-payment finance charges - 100% of the time.

4. The HOA board does not desire or seek to influence the collections attorney's fee schedule.  Attorney ("legal") fees
    are determined solely by the collections attorney without input from or involvement by the HOA board.

5. When the HOA's collections attorney engages a default homeowner, the default homeowner's debt, including
    outstanding property assessments, associated late-payment finance charges and the collections attorney's fees can
    be eliminated only by the defaut homeowner making payment-in-full.  

    NOTE: A "short" payment (a payment less than the full amount owed) will not be recognized or accepted as payment,
    or partial payment, for the debt owed by a default homeowner, and will be returned to the issuing homeowner by the
    collections attorney.  Only payment-in-full will eliminate the outstanding debt owed by a default homeowner.  

6. The HOA board will not, under any circumstances, intervene in the collections attorney's efforts to collect payment-in-
    full from a default homeowner, or entertain or represent a motion, petition, plea or appeal from or on behalf of a
    default homweowner to the collections attorney.

    NOTE: The time to request an HOA board hearing is before a default homeowner's account has been turned over to
    the HOA's collections attorney, not after. Once a default homeowner's account has been referred to the collections
    attorney, the HOA board will not grant a collections-related hearing to the homeowner.

7. The collections process, including the accumulation of associated legal fees and late-payment finance charges,
    continues with or without a default homeowner's involvement or participation, and can ultimately result in a lien filing
    and judicial foreclosure.  (Lien filings are reported to the credit reporting agencies by a homeowner's lender and can
    negatively impact a default homeowner's credit rating and future credit applications.)

 

The least expensive way to pay the $395 annual property assessment is to pay-in-full, on time.

The most expensive way to pay the $395 annual property assessment is to "short" pay, pay late, or not pay at all, and then ignore written notices and certified mail delivery attempts from the HOA's managing agent and/or collections attorney.

 

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