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Delinquent Assessment Policy
The Association's policy on delinquent assessments is as follows:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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