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Delinquent Assessment Collection Policy Statement

Prompt payment of assessments by all owners is critical to the financial health of the Association and to the enhancement of the property values of your homes.  Your Board of Directors takes very seriously its obligation under the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the California Civil Code to enforce the members’ obligation to pay assessments.  The policies and practices outlined shall remain in effect until such time as they may be changed, modified, or amended by a duly adopted resolution of the Board of Directors.  Therefore, pursuant to the CC&Rs and Civil Code Section 1365 (d), the following are the Association’s assessment practices and policies: 

1.  Regular assessments and any special assessments are due on the first (1^st) day of each assessment period and delinquent if not received, in full, by the Association within fifteen (15) days after the due date thereof.  A late charge of ten dollars ($10.00) or ten percent (10%) of the delinquent assessment, whichever is greater, shall be due on any such delinquent assessment.

2.  At the option of the Association, interest shall be due on all such amounts, once due and unpaid for thirty (30) days, at the rate of twelve percent (12%) per annum.

3.  A courtesy billing statement is sent each month to the billing address on record.  However, it is the owner of record’s responsibility to pay each assessment in full each month regardless of whether a statement is received.

4.  All payments received by the Association, regardless of the amount paid, will be directed to the oldest assessment balances first, until which time all assessment balances are paid, and then to late charges, interest and costs of collection unless otherwise specified by written agreement.

5.  If all such amounts have not been received ninety (90) days after the original due date thereof, the account will be forwarded to a collection agency, and all resulting collection fees and costs will be added to the total delinquent amount.

6.  If all such amounts have not been received, in full, within thirty (30) days after the recordation of a Lien, the Association may, without further advance notice, proceed to take any and all additional enforcement remedies as the Association, in its sole discretion, deems appropriate, including, without limitation, non-judicial foreclosure of such Lien, judicial foreclosure, or suit for monetary damages, all at the expense of the property owner(s). 

7.  The Association shall collect a “returned check charge” of fifteen dollars ($15.00) for all payments returned as “non-negotiable,” “insufficient funds” or any other reason.

8.  The mailing address for overnight payment of assessments is the same as that for routine assessment payments unless otherwise noted.

9.  Any owner who is unable to pay assessments is entitled to make a written request for a payment plan to the Board of Directors.  The Board will consider the requests on a case-by-case basis and is under no obligation to grant payment plan requests.