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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