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Delinquency
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Delinquent Assessment Policy

The Association's policy on delinquent assessments is as follows:

  1. The assessment is due on the first day of each month and delinquent if not received by the twenty-fifth day of the month. If delinquent, the Association will impose a late charge of $10.00, and is entitled to interest on delinquent assessments, late charges and collection costs at an annual rate of 12% commencing thirty (30) days after the assessment becomes due.
  2. After an account is sixty (60) days delinquent, management will send a letter to the owner advising the amount owing, and the date to respond before the account is forwarded to attorney for legal action. The account will be billed $25.00 for costs.
  3. When an account becomes ninety (90) days in arrears, it is turned over to the attorney for collection. The attorney shall notify the owner, in writing by certified mail, of the fee and penalty procedures of the Association, provide an itemized statement of charges owed by the owner, including items on the
    statement which indicate the principal owed, any late charges and the method of calculation, any attorney's fees and the collection practices used by the Association, including the right of the  Association to the reasonable costs of collection. The account will be billed $50.00 for costs.
  4. If the account is not brought current within ten (10) days of the attorney's demand letter, a lien is prepared and recorded against the defaulting owner's property. The lien is mailed to the defaulting owner, along with a letter which describes additional penalties for nonpayment of the lien. In addition, credit reporting companies (i.e, TRW, etc.) may be notified of the default, and the name of the owner and the amount of the delinquency may be published in the Association's newsletter.
    The account will be billed $325.00 for costs.
  5. An owner may contest his or her assessments pursuant to Civil Code §1366.3(a) by giving written notice to the Association and paying the disputed assessments, late charges, interest, costs and attorney's fees within thirty (30) days from the recording of the lien for delinquent assessments.
  6. If the lien is not paid in full within' thirty (30) days after it is recorded, the Association may file a lawsuit for a judicial foreclosure of the lien and a money judgment against the owner, or the Association may conduct a nonjudicial foreclosure of the assessment lien, or both.
  7. PURSUANT TO THE ASSOCIATION CC&R'S AND CIVIL CODE §1367, ALL LEGAL AND ADMINISTRATION COSTS INCURRED IN COLLECTING THE DELINQUENT ASSESSMENTS ARE COLLECTED FROM THE DEFAULTING OWNER.

 

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