<?xml version="1.0" ?>

<!--
 * This file is part of HOAM, copyright (C) 2002-2020 Robert Butler
 *
 * HOAM is free software; you can redistribute it and/or modify it under the
 * terms of the GNU Affero General Public License as published by the Free
 * Software Foundation; either version 3 of the License, or (at your option)
 * any later version.
 *
 * HOAM is distributed in the hope that it will be useful, but WITHOUT ANY
 * WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
 * FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more
 * details.
 *
 * You should have received a copy of the GNU Affero General Public License
 * along with HOAM; if not, see http://www.gnu.org/licenses or write to the
 * Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA
 * 02110-1301
 *
 * Questions specific to HOAM should be directed to ARP Realty. Please see
 * the HOAM web site at http://hoam.arprs.com/
 *
 * Some portions of HOAM incorporate ideas and/or code from other sources, and
 * those portions are explicitly mentioned and attributed in the relevant
 * section of HOAM source code. Questions about that code should be directed to
 * the original authors.
 *
 *-->

<ajax-response>
  <letter>
    <name>Legal - Alternative Payment Plan Policy</name>
    <require_delivery_confirmation>0</require_delivery_confirmation>
    <require_delivery_certified>0</require_delivery_certified>
    <suggest_delivery_confirmation>0</suggest_delivery_confirmation>
    <suggest_delivery_certified>0</suggest_delivery_certified>
	<additional_fields>
		<field>
			<description>Allowed term (in months) of a payment plan</description>
			<id>field_term</id>
			<required>1</required>
		</field>
		<field>
			<description>Required minimum payment percentage</description>
			<id>field_initial</id>
			<required>1</required>
		</field>
		<field>
			<description>Payment receipt date each month</description>
			<id>field_date</id>
			<required>1</required>
		</field>
		<field>
			<description>Effective date of the filing</description>
			<id>field_effective</id>
			<required>1</required>
		</field>
		<field>
			<description>Date of associated Board meeting</description>
			<id>field_meeting</id>
			<required>1</required>
		</field>
	</additional_fields>
    <content><![CDATA[
{{LETTER_HEAD}}

<h2>{{LETTER_TOPIC}}</h2>

<p>WHEREAS, pursuant to Section 209.0062 of the Texas Property Code, the Board of Directors of {{ORG_NAME}} (the <q>Association</q>) is required to adopt reasonable guidelines regarding an alternate payment schedule in which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association.</p>

<p>NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following guidelines and procedures are promulgated for the establishment of an alternate payment schedule, and the same are to be knows as the <q>{{LETTER_TOPIC}}</q> of the Association (hereinafter the <q>Policy</q>).</p>

<ol>
	<li>__Purpose__. The purpose of this Policy is to assist Owners in remedying delinquencies and remaining current on the payment of amounts owed to the Association by establishing orderly procedures by which Owners may make partial payments to the Association for amounts owed without accruing additional penalties.</li>
	<li>__Eligibility__. To be eligible for a payment plan pursuant to the Association's alternate payment plan schedule, an Owner must meet the following criteria:
		<ol style="list-style: lower-alpha">
			<li>The Owner must currently be delinquent in the payment of regular assessments, special assessments, or any other amounts owed to the Association;</li>
			<li>The Owner must not have defaulted on a prior payment plan within the prior two year period; and</li>
			<li>The Owner must submit a signed payment plan as defined below, along with the Owner's initial payment to the address designated by the Association for correspondence.</li>
		</ol>
	</li>
	<li>__Payment Plan Schedule/Guidelines__. The Association hereby adopts the following alternate payment guidelines and makes the following payment plan schedule available to Owners in order to make partial payments for delinquent amounts owed:
		<ol style="list-style: lower-alpha">
			<li>__Requirements of a Payment Plan Request__. Within 30 days of the date of the initial letter which informs the owner of the availability of a payment plan, an owner must submit a signed acceptance of the payment plan schedule described below to the Association or its managing agent.</li>
			<li>__Term__. The term of the payment plan or schedule is <span id="field_term"><u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u></span> with an initial payment of <span id="field_initial"><u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u></span> % (percent) of the amount owed and remaining payments in equal installments.</li>
			<li>__Date of Partial Payments under Plan__. The Owner must submit the initial installment plan under the plan contemporaneously with submission of the Owner's payment plan agreement which must be signed by the Owner. The Owner must make all additional monthly installment payments under the payment plan so that the payments are received by the Association no later than the <span id="field_date"><u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u></span> day of each month. The Owner may pay off, in full the balance under the payment plan at any time. All payments must be received by the Association at the Association's designated mailing address or lock box. Payments may be made through auto draft bill payment, in check or certified funds, or by credit card (to the extent the Association is set up to receive payment by credit card).</li> 
			<li>__Correspondence__. Any correspondence to the Association regarding the amount owed, the payment plan, or such similar correspondence must be sent to the address designated by the Association for correspondence. Such correspondence shall not be included with an Owner's payment.</li>
			<li>__Amounts Coming Due During Payment Plan__. Owners are responsible for remaining current on all assessments and other charges coming due during the duration of the Owner's payment plan and must, therefore, timely submit payment to the Association for any amounts doming due during the duration of the Owner's payment plan.</li>
			<li>__Additional Charges__. An Owner's balance owed to the Association shall not accrue late fees or other monetary penalties (except interest) while such Owner is in compliance with a payment plan under the Association's alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest at the highest rate permitted by the governing documents on the unpaid balance. The costs of administering the plan and interest shall be included in calculating the total amount owed under the payment plan and will be included in the monthly payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly administration fee.</li>
		</ol>
	</li>
	<li>__Default__. If an Owner fails to timely submit payment in full of any installment payment (which installment payment must include the principal owed, the administration fees assessed to the plan and interest charges), or fails to timely pay any amount coming due during the duration of the plan, the Owner will be in default. If an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. If the Association elects to provide a notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. In addition, the Owner is hereby on notice that he/she will be responsible for any and all costs, including attorney's fees, of any additional collection action which the Association pursues.</li>
	<li>__Board Discretion__. All other terms of a Payment Plan are at the discretion of the Board of Directors.</li>
	<li>__Severability and Legal Interpretation__. In the event that any provision herein shall be determined by a court with jurisdiction to be invalid or unenforceable in any respect, such determination shall not affect the validity or enforceablility of any other provision, and this Policy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satisfy the legal requirements of Section 209.0062 of the Texas Property Code. In the event that any provision of this Policy is deemed by a court with jurisdiction to be ambiguous or in contradiction with any law, this Policy and any such provision shall be interpreted in a manner that complies with an interpretation that is consistent with the law.</li>
</ol>

<p>IT IS FURTHER RESOLVED that this {{LETTER_TOPIC}} is effective on <span id="field_effective"><u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u></span>, to remain in effect until revoked, modified, or amended.</p>

<p>This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on <span id="field_meeting"><u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u></span> and has not been modified, rescinded, or revoked.</p> 

<div style="border-top: 1px solid black; margin: 2em 5em 1em 60%; width: 20em">&nbsp;</div>
<div style="border-bottom: 1px solid black; margin: 1em 5em 0 60%; text-align: center; width: 20em">{{LETTER_APPROVER}}</div>
<div style="margin: 0 5em 2em 60%; width: 20em">{{LETTER_PERSON}}, {{ORG_NAME}}</div>

<div style="float: left;text-transform:uppercase">STATE OF {{ORG_STATE}}<br/><br/>COUNTY OF {{ORG_COUNTY}}</div>
<div style="padding-left: 25%; ">&sect;<br/>&sect;<br/>&sect;</div>

<p>SUBSCRIBED AND SWORN TO before me by {{LETTER_APPROVER}} in their capacity as {{LETTER_PERSON}} for {{ORG_NAME}}, on <u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u>, {{CURRENTYEAR}}.</p>

<div style="border-top: 1px solid black; margin: 3em 5em 2em 60%; width: 20em">Notary Public - State of {{ORG_STATE}}</div>

AFTER RECORDING, PLEASE RETURN TO:<br />

{{ORG_ADDRESS}}
]]></content>
    <pdf><![CDATA[
    {{LETTER_HEAD}}

    <h4 style="font-variant: small-caps; text-align: center">{{LETTER_TOPIC}}</h4>
	<br />
    <p style="text-align: justify">WHEREAS, the Board of Directors (the <q>Board</q>) of {{ORG_NAME}} (the <q>Association</q>) desires to establish a Policy for the Application of Payments received from owners which satisfies the new priority of payments schedule created by Section 209.0063 of the4 Texas Property code; and</p>

	<p style="text-align: justify">WHEREAS, pursuant to Section 209.0062 of the Texas Property Code, the Board of Directors of {{ORG_NAME}} (the <q>Association</q>) is required to adopt reasonable guidelines regarding an alternate payment schedule in which an owner may make partial payments to the Association for delinquent regular or special assessments or any other amount owed to the Association.</p>

	<p style="text-align: justify">NOW, THEREFORE, IT IS RESOLVED, in order to comply with the procedures set forth by Chapter 209 of the Texas Residential Property Owners Protection Act, that the following guidelines and procedures are promulgated for the establishment of an alternate payment schedule, and the same are to be knows as the <q>{{LETTER_TOPIC}}</q> of the Association (hereinafter the <q>Policy</q>).</p>

	<ol>
		<li>__Purpose__. The purpose of this Policy is to assist Owners in remedying delinquencies and remaining current on the payment of amounts owed to the Association by establishing orderly procedures by which Owners may make partial payments to the Association for amounts owed without accruing additional penalties.</li>
		<li>__Eligibility__. To be eligible for a payment plan pursuant to the Association's alternate payment plan schedule, an Owner must meet the following criteria:
			<ol style="list-style: lower-alpha">
				<li>The Owner must currently be delinquent in the payment of regular assessments, special assessments, or any other amounts owed to the Association;</li>
				<li>The Owner must not have defaulted on a prior payment plan within the prior two year period; and</li>
				<li>The Owner must submit a signed payment plan as defined below, along with the Owner's initial payment to the address designated by the Association for correspondence.</li>
			</ol>
		</li>
		<li>__Payment Plan Schedule/Guidelines__. The Association hereby adopts the following alternate payment guidelines and makes the following payment plan schedule available to Owners in order to make partial payments for delinquent amounts owed:
			<ol style="list-style: lower-alpha">
				<li>__Requirements of a Payment Plan Request__. Within 30 days of the date of the initial letter which informs the owner of the availability of a payment plan, an owner must submit a signed acceptance of the payment plan schedule described below to the Association or its managing agent.</li>
				<li>__Term__. The term of the payment plan or schedule is {{FIELD_TERM}} with an initial payment of {{FIELD_INITIAL}} % (percent) of the amount owed and remaining payments in equal installments.</li>
				<li>__Date of Partial Payments under Plan__. The Owner must submit the initial installment plan under the plan contemporaneously with submission of the Owner's payment plan agreement which must be signed by the Owner. The Owner must make all additional monthly installment payments under the payment plan so that the payments are received by the Association no later than the {{FIELD_DATE}} day of each month. The Owner may pay off, in full the balance under the payment plan at any time. All payments must be received by the Association at the Association's designated mailing address or lock box. Payments may be made through auto draft bill payment, in check or certified funds, or by credit card (to the extent the Association is set up to receive payment by credit card).</li> 
				<li>__Correspondence__. Any correspondence to the Association regarding the amount owed, the payment plan, or such similar correspondence must be sent to the address designated by the Association for correspondence. Such correspondence shall not be included with an Owner's payment.</li>
				<li>__Amounts Coming Due During Payment Plan__. Owners are responsible for remaining current on all assessments and other charges coming due during the duration of the Owner's payment plan and must, therefore, timely submit payment to the Association for any amounts doming due during the duration of the Owner's payment plan.</li>
				<li>__Additional Charges__. An Owner's balance owed to the Association shall not accrue late fees or other monetary penalties (except interest) while such Owner is in compliance with a payment plan under the Association's alternate payment plan schedule. Owners in a payment plan are responsible for reasonable costs associated with administering the plan, and for interest at the highest rate permitted by the governing documents on the unpaid balance. The costs of administering the plan and interest shall be included in calculating the total amount owed under the payment plan and will be included in the monthly payment obligation. The costs of administering the payment plan may include a reasonable charge for preparation and creation of the plan, as well as a monthly administration fee.</li>
			</ol>
		</li>
		<li>__Default__. If an Owner fails to timely submit payment in full of any installment payment (which installment payment must include the principal owed, the administration fees assessed to the plan and interest charges), or fails to timely pay any amount coming due during the duration of the plan, the Owner will be in default. If an Owner defaults under a payment plan, the Association may proceed with collection activity without further notice. If the Association elects to provide a notice of default, the Owner will be responsible for all fees and costs associated with the drafting and sending of such notice. In addition, the Owner is hereby on notice that he/she will be responsible for any and all costs, including attorney's fees, of any additional collection action which the Association pursues.</li>
		<li>__Board Discretion__. All other terms of a Payment Plan are at the discretion of the Board of Directors.</li>
		<li>__Severability and Legal Interpretation__. In the event that any provision herein shall be determined by a court with jurisdiction to be invalid or unenforceable in any respect, such determination shall not affect the validity or enforceablility of any other provision, and this Policy shall be enforced as if such provision did not exist. Furthermore, the purpose of this policy is to satisfy the legal requirements of Section 209.0062 of the Texas Property Code. In the event that any provision of this Policy is deemed by a court with jurisdiction to be ambiguous or in contradiction with any law, this Policy and any such provision shall be interpreted in a manner that complies with an interpretation that is consistent with the law.</li>
	</ol>

    <p style="text-align: justify">IT IS FURTHER RESOLVED that this {{LETTER_TOPIC}} is effective on {{FIELD_EFFECTIVE}}, to remain in effect until revoked, modified, or amended.</p>

    <p style="text-align: justify">This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of same on {{FIELD_MEETING}} and has not been modified, rescinded, or revoked.</p> 

    <table style="width: 100%">
      <tr><td style="width: 50%">&nbsp;</td><td style="border-bottom: 1px solid black">&nbsp;</td></tr>
      <tr><td style="width: 50%">&nbsp;</td><td style="border-bottom: 1px solid black; text-align: center">{{LETTER_APPROVER}}</td></tr>
      <tr><td style="width: 50%">&nbsp;</td><td style="text-align: right">{{LETTER_PERSON}}, {{ORG_NAME}}</td></tr>
    <table>
    <br />
    <table style="width: 100%">
      <tr><td style="text-transform:uppercase; width: 35%">STATE OF {{ORG_STATE}}</td><td>&sect;</td></tr>
      <tr><td>&nbsp;</td><td>&sect;</td></tr>
      <tr><td style="text-transform:uppercase">COUNTY OF {{ORG_COUNTY}}</td><td>&sect;</td></tr>
    </table>
    <p style="text-align: justify">SUBSCRIBED AND SWORN TO before me by {{LETTER_APPROVER}} in their capacity as {{LETTER_PERSON}} for {{ORG_NAME}}, on <u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</u>, {{CURRENTYEAR}}.</p>
    <table style="width: 100%">
      <tr><td style="width: 50%">&nbsp;</td><td style="text-align: right">&nbsp;</td></tr>
      <tr><td style="width: 50%">&nbsp;</td><td style="border-top: 1px solid black; text-align: center">Notary Public - State of {{ORG_STATE}}</td></tr>
    </table>
    <br />
    AFTER RECORDING, PLEASE RETURN TO:<br />
    <br />
    {{ORG_ADDRESS}}
    ]]></pdf>
  </letter>
</ajax-response>

