Pecan Plantation Policy Statement
Collection Policy
In order to comply with provisions of Chapter 209 of the Texas Property Code, and to protect the interest of the entire community, PPOA maintains that the best course of action to safeguarding the community’s assets is to collect assessments and charges on accounts in a timely manner. These policies and procedures are intended to comply with all applicable provisions of Texas statutes and laws, and shall be interpreted and applied so as to comply with such laws. The following guidelines are implemented as collection procedures.
Payment in full of all amounts at any step during this procedure shall suspend further action of this procedure.
Step 1: Payments received after the due date are considered past due and will incur a late fee. Partial payments will first be applied to miscellaneous charges and then to assessments.
Step 2: If payment has not been received by the last day of the month, a past due notice will be placed on the statement.
Step 3: If the account remains past due on the 10th of the following month, notice will be sent that the account will become “Cash Only” after the due date of the current statement.
Step 4: If the account becomes one (1) full month past due, it will be made “Cash Only” and will be charged interest from the original due date. A “Notice Prior to Enforcement Action” letter will be sent by certified mail, return receipt requested, and a handling and certified mail expense will be charged.
The “Notice Prior to Enforcement Action” letter will: Inform the owner that the owner is entitled to a reasonable period of 30 days from receipt of the notice to cure the violation and avoid suspension of membership privileges. Alternatively, the owner will have 30 days from receipt of the notice to make a written request for a hearing to discuss and verify facts and resolve the matter before a committee appointed by the Board of Directors, or if a committee is not appointed, before the Board of Directors.
Step 5A – No Hearing Requested: If a hearing is not requested within 30 days from receipt of the Notice, member privileges will be suspended, the account will be sent to the attorney for collection and attorney fees and expenses will be charged.
Step 5B – Hearing Requested: Further collection procedures are suspended until the hearing process is completed. The Board of Directors shall set a hearing date not later than 30 days after receipt of owner’s request for a hearing. Either party may request a postponement, which shall be granted for a period of not more than ten (10) days. Additional postponements may be granted by agreement of both parties. Further collection steps will be determined by the action of the Board of Directors.