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Fines - Charges & Fees - Defined

Texas Legislature made changes to HOA Laws pertaining to Collection Policy and Fine Policy starting 2024.
Linked below are the 2024 fine policy and collection policy updated documents:
Collection Policy Updated Linked Below & Attached at bottom of page for your review:
https://www.autumnlakeofpearland.com/file/document/1442302328/ePF5rWgduCOXeadZ.pdf
Fine Policy Updated:
https://www.autumnlakeofpearland.com/file/document/1442302328/wt2wa4jqzBLlvfar.pdf
Fine Policy / Schedule Updated:
https://www.autumnlakeofpearland.com/file/document/1442302328/WVOOojRp8bLqG5vU.pdf
Note: Since we have started self management of our community in January 2023 we have not been enforcing monthly fines on late annual assessments or on deed violations unless they have reached legal. The charges members have been seeing on their account balances are postage and handling charges from notices of violations and assessments paid late or not corrected. The board reserves the right to set fines between $0 to $50 a month on members that get too many violation or late charges as that costs the community lots of money in courtesy letters and email notifications.

ANNUAL ASSESSMENT - NOTICES - FINES - CHARGES - FEES - NOTES:

What if I am over 30 days late on my annual assessment payment?
If you carefully read the new changes to the 2024 Collection Policy & Fine Policy linked below, you will find that members are only being charged postage & handling for your notices and the interest on the balance owed. You have not been FINED for these violations through 2023 to date. The 2024 Annual Assessments must be paid by 1-31-24 or late charges will apply:  WHAT CHARGES? Interest on your balance, plus a $20 handling fee from Lonestar Bookkeepers per month. (Annual Interest on your account balance paid monthly can range based on your balance, but it normally ranges around $5 to $15 a month based on your account balance, so the more months you are late the higher the intertest per month).

Certified Letter Charges can apply also on delinquent accouts:
If you are late over one year late on your assessments (Example you owe for 2023 assessments and now also owe for 2024 assessments and your late paying after Jan 31, 2024) at this stage you will pay a certified letter notice for postage & handling in Feb 2024. If you are simply late for your 2024 assessments and paying after Jan 31, 2024 and owe for just 1 year, then you will pay a certified letter notice for postage & handling in March or April 2024.  

The Board does reserve the right to apply fines on repeated offenders of violations of deed restrictions or even assessment violations that exceed several months.


DEED RESTRICTION VIOLATIONS - NOTICES - FINES - CHARGES - FEES -NOTES:

DEED RESTRICTION VIOLATIONS - HELPFUL INFORMATION

It's that time of the year when violations hit the penalty stages and 2024 annual assessment notices are being sent out and questions start flying again from our members. To make things easy I have detailed who to reach out to for quick answers and most other questions can be answered here as well! This information can be found on the community website under VIOLATIONS and ANNUAL ASSESSMENTS. 

Violation & Assessment Fees Defined: (We will also discuss ACC Application charges). This post will always be available to view on the community web site to review when needed at a later date by memeber's.

FIRST : Who can I talk to about my fines or charges?

Let us address VIOLATION OF DEED RESTRICTIONS FIRST: Contact Tally Jenkins NOT Lonestar Bookkeepers or the board as this will delay or lose your communication. Lonestar strictly handles your Annual Assessment Accounts - Not violations or ACC Applications)

All violations of deed restrictions such as trees hanging low over the sidewalk or street, grass growing over the sidewalks, lawns not being mowed properly, algae on a house or your concrete sidewalks and driveway, or not complying to any deed restrictions such as parking non registered vehicles in the street, parking trailers or boats in the street or driveway for more than 3 days, mobile homes parked in the community, home businesses with costumers coming and going from your home, Air B&B's not allowed in the community or the house or fence needs paint or repair type violations. Can I have a home business? Absolutely you can have a home business, you just can not have customers coming and going to your home. Can I have a wrap or signage of my vehicle in my driveway or street? A commercial vehicle in the state of Texas is defined as a 10 passenger van, over 25,000 pound vehicle, trailer, semi, camper or a truck with ladders hanging from the top or sides of the vehicle. The board will be bringing our governing documents up to date at one of our upcoming meetings to make sure all vehicle restrictions and dally fines are up to code with Texas Legislature rulings as of 2023 and 2024 updates. All deed restriction violations go through:

Tally Jenkins with Clark & Dominic 832-363-5055 or email to: [email protected]

While Tall has a Lonestar bookkeepers email, Tally does not work for Lonestar Bookkeepers, she uses the Lonestar online platform so that Autumn Lake members can easily access thier violation status through thier homeowner accounts. All violations and Acc Applications go through Tally Jenkins with Clark Dominic.

ACC Application charges of $35. This is simple. Not everyone adds e new room addition or solar panels as an example. Why show all members pay for the fee for the ACC Application for Ken adding solar panels? The person who pay the $35 application fee for the ACC Application gets an expert review from Tally Jenkins who may notice Bob wants to build a new pool, but the contract does not protect Bob from damage to the lawn and drain way where dump truck park in his yard for several months and they break his sprinkler system. Tally will catch these things as well as checking for power lines, gas lines etc… 

PLEASE HELP US UNDERSTAND THE FINES AND FEES TO DEED RESTRICTION VIOLATIONS????

As we head into 4th quarter 2023 we are now at the point where deed restriction violations notice have reached the 3rd level in fines and charges.

If you drive through our community you can see that many homes are being neglected and trees are too low over sidewalks on many properties. Low trees are the biggest lawsuits homeowners face from people being injured and even losing an eye. Homeowners protect yourself and others by keeping trees cut back. The golden rule is 8 ft from the ground and try to cut off all branches that grow downward. 

Here is a TIME TABLE of the deed restriction violation fees and when they are sent out and the charges for each:

The Administration fees for deed restriction violation notices is as follows:

Courtesy Notice is free of charge to the owner, the association pays for the postage

Follow Up Notice is an administration fee of $7.00, plus first class postage

Certified 209 Notice is an administration fee of $25.00, plus the certified and first class postage

You would have been sent these three notices over three straight months if your violation was not corrected.

LAWN MOWING NEGLECT IS A MUCH HARSHER VIOLATION as we will not allow a members 3 months to mow a lawn. This is where the admin charges and fines can help out community look nice. We will not tolerate yards with foot tall tower grass for weeks and months at a time. The board allowed everyone a break during the heat wave this 2023 season. It's time to get the yards in compliance again. Force mows will be applied charges to homeowner accounts where yards are being neglected. Texas Legislature just changed that fine to a flat fine, that used to be a $5 a day fine. We will post those new fines as soon as we have established it in our governing documents after our next open community meeting.

The Board reserves the right to assess fines from $0 to $50 a month a excessive or reapet offenders of violations or members with safety violations. Fines can exceed several hundred dollars a month for running certain kinds of businesses out of your home that bring strangers or non residents into our community as a place of business.

Also, these fees have been paid for by the association already if you have recieved a notice with fees owed, you are only reimbursing the association for the postage and handling charges for those notices, not fines.




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