The California Department of Real Estate has published a list of frequently ask questions and answers regarding living in a Common Interest Development. Click here to read their report.
Please review all of these rules in conjunction with the Covenants, Conditions and Restrictions, along with the By-Laws and Articles of Incorporation, as they comprise the governing documents for the Association.
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TO JUMP TO THAT SECTION OF THE RULES:
I. PARKING RULES
II. GARAGES
III. POOL/SPA RULES
IV. TENNIS COURTS
V. ANIMALS
VI. CHILDREN
VII. UNITS
VIII. LEASE, RENT OR SALE
IX. GENERAL INFORMATION
X. RULES
XI. COLLECTION POLICY
It is your responsibility to review these Rules and make yourself familiar with them. Additionally, if you presently lease and/or rent out your unit, it is also your responsibility as an owner to insure that your tenants have thoroughly reviewed these Rules and Regulations as well as the Covenants, Conditions and Restrictions and By-Laws, and are familiar with same. You as owner will be responsible should your tenants be found in violation.
Concerning your monthly assessment and/or any special assessment that may be imposed upon you, the Board of Directors has determined that the delinquency factor for your Association is extreme. As a result, in addition to the above, and as set forth above, there will be strict enforcement of the Covenants, Conditions and Restrictions. If you are behind in your assessments, your Board of Directors strongly urges you to bring them current and keep them current.
Your Board of Directors has taken a great deal of time and effort in compiling these rules and it is your responsibility to adhere to them. The Board of Directors will be strictly enforcing all of the Covenants, Condition and Restrictions as well as these Rules and Regulations.
If you have any questions, please put them in writing and forward them to Vintage Management Consultants, our management company.
Yours truly,
BOARD OF DIRECTORS
MEADOWOOD VILLAGE HOMEOWNERS ASSOCIATION
IMPORTANT PHONE NUMBERS
EMERGENCY…………………………………………. 911
Rancho Cucamonga Sheriff Department
(non-emergency……………………………… 909-941-1488
Fire Department (non-emergency)……………909-477-2770
Vintage Management Consultants (VMC)
1235 East Francis Street, Suite E
Ontario, CA 91761
Joan Bauer……Ext. 26 or 23…….………….. 909-923-2924
Fax 909-923-7888
joan@vintagemanagement.com
Charter Communications …………………… 909-987-6275
Rancho Cucamonga City …………………… 909-477-2700
General Telephones ……………………...611 (24 hr. repair)
Post Office ………………………………....……800-275-8777
Southern California Edison…………..………800-655-4555
Southern California Gas Company ……….. 800-427-2200
Meadowood Village Website
www.meadowoodvillage.net
Password: village
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I. PARKING RULES
PLEASE NOTE, PARKING IS FIRST COME FIRST SERVE WITH A VISIBLE GREEN AND WHITE PERMIT TAG HANGING FROM THE MIRROR OR LAYING ON THE DASHBOARD. THE PARKING PERMIT MUST BE VISIBLE FROM OUTSIDE OF VEHICLE. IF PERMIT IS LOST OR STOLEN, YOU MAY PURCHASE A NEW ONE FROM THE MANAGEMENT COMPANY FOR $100.00. BROKEN PERMITS WILL BE REPLACED AT NO CHARGE PROVIDED THE BROKEN PERMIT IS RETURNED TO VINTAGE MANAGEMENT. IF PARKED IN PARKING AREA WITHOUT PERMIT THE VEHICLE IS SUBJECT TO TOWING. IF A VEHICLE DISPLAYING A LOST OR MISSING PERMIT IS PARKED IN THE PARKING AREA SPACES THE VEHICLE WILL BE TOWED FROM COMPLEX IMMEDIATELY.
1. EVERY STREET IN MEADOWOOD VILLAGE IS A FIRE LANE. Any vehicle parked in the fire lane unattended with or without a permit is subject to immediate towing. (No warning)
2. No parking - behind the garages or along the red curbs, as this is a fire lane. Any vehicle found parked in this manner is subject to towing. (22500.1) (No warning)
3. NO VEHICLE IS ALLOWED TO PARK MORE THAN 96 HOURS IN ANY PARKING SPACE. Any vehicle left in a parking space in excess of 96 hours without being moved, even with a permit, will be subject to towing at vehicle owner
4. Each parking space is for ONE vehicle ONLY. Parking behind another vehicle is NOT allowed and subject to immediate towing.
5. Current Registration – Vehicles must have current registration at all times while parked in the common area, or they will be subject to towing at the owner’s expense.
6. All non-operative vehicles – abandoned, unlicensed or unregistered are subject to immediate towing.
7. Commercial Vehicles – work trucks, bobtail trucks, cargo vans and stake bed trucks, etc. shall at no time be parked in common parking areas.
8. Storage – No vehicles, boats, trailers, campers or other vehicles not customarily used as means of general transportation may be parked or stored in or on the common area (CC&R, Bylaws) Article 6, Section E
9. Mopeds, Motorbikes, ATV’s & Gopeds – are subject to vehicle code restrictions (i.e. both driver and motorbike must be licensed). No motorcycles, mopeds or other motorized vehicles having less than four wheels may be kept operated or permitted on or in any part of the property, except for purposes of traveling directly between an entrance to the property and vehicle owner’s garage.
10. No wheel toys such as roller blades, skates, bikes, big wheels, skateboards, scooters or hockey equipment will be permitted on the streets.
ALL VEHICLES ARE TOWED AT THE OWNER’S EXPENSE.
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II. GARAGES
1. The primary parking spaces for vehicles owned and/or operated by residents shall be that unit’s garage.
2. No garage under any circumstance shall be used as a living space of any type whatsoever. Expressly prohibited is the use of the garage for living accommodations such as an additional spare room or bedroom.
3. Washing vehicles is permitted in front of your garage, as long as the vehicle is not left unattended at any time. Unattended vehicles are subject to towing as this is a fire lane.
Any repairs to vehicles must be done inside the garage between 8:00 a.m. and 9:00 p.m. so as not to disturb anyone in the complex or you will be subject to a fine. All toxic material must be disposed of in the proper manner at a Household Hazardous Waste Collection Center. If you need information on this, contact Burrtec Waste Industries at (909) 987-3717. DO NOT under any circumstances dispose of toxic materials on any of the common soil areas or down any drains. Homeowner is responsible for all costs for toxic waste cleanup.
ALL VEHICLES ARE TOWED AT THE OWNER’S EXPENSE.
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III. POOL/SPA RULES
1. Capacity – Pool capacity is 40. Spa capacity is 8.
2. Cleanliness – Homeowners, residents and guests are responsible for the removal of all articles brought there by them including, but not limited to, clothes, towels, newspapers, magazines, cigarettes, ashtrays, chairs, and trash.
3. Guests – The pool area is primarily for the use of the residents. Residents must always accompany their guests in the pool area and are responsible for the conduct of their guests. Residents are limited to four (4) guests per unit.
4. Lifesaving Equipment – The lifesaving equipment is for emergency use only. It is not to be used except in actual emergency situations.
5. Hours:
Sunday – Thursday ……….7:00 am – 10:00 pm
Friday …………………......... 7:00 am – 11:00 pm
Saturday………………….…7:00 am - 11:00 p.m.
6. Maintenance – The Association employs a professional pool service to care for all aspects of the pool and spa. No one except a person(s) specifically designated by the Board of Directors is to operate the pool maintenance equipment, adjust any valves or settings, or enter the pool maintenance room.
7. Noise – Residents shall exercise consideration of others. The use of radios, tape players, CD players is prohibited unless used with headphones or ear-phones. Only battery powered electronics permitted in the pool area.
8. Prohibitions – Within the enclosed pool area the following prohibitions apply:
o No Running or other kinds of "horseplay"
o No large rafts or other large "water toys"
o No diving or jumping
o No pets allowed No food and no glass containers of any kind.
o No Alcoholic Beverages allowed.
o No person under age 14 is allow in the pool/area pool area without an adult (18 or over) in attendance. This is a San Bernardino County Law.
o No throwing debris or rubbish into the pool or spa
o No bicycles, skates, or skate boards, scooters or razor scooters or any other type of wheeled recreational equipment.
9. Security – The pool gates are to be kept locked and shut at all times. The only permissible way to enter or leave the pool area is using a key to unlock one of the gates. Climbing over the gates, walls, fence, or pool equipment room is prohibited. Residents seen violating these rules will be fined and privileges suspended.
10. Warnings: There is no lifeguard on duty in the pool area. Anyone using the swimming facilities does so at his/her risk. It is suggested that the pool or spa not be used unaccompanied. Children under age 14 must be accompanied by an adult.
·o Pregnant women, infants, the elderly and those with health conditions requiring medical care should consult a physician before entering the spa.
·o Hot water immersion while under the influence of alcohol, narcotics, drugs, or medicine may lead to serious consequences and is not recommended.
·o Long exposure in the spa may result in nausea, dizziness, fainting or difficulty in breathing. Young children are especially prone to problems.
11. Anyone caught and found to be responsible for damage, misuse or destruction of any portion of the pool/spa facilities shall be held responsible and liable for such damage; and MAY have "use of privileges" suspended for a maximum of six (6) months and cost of repairs assessed to owner’s account.
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IV. TENNIS RULES
GENERAL
1. Tennis shoes must be worn at all times.
2. Proper tennis attire is encouraged.
3. No black hand balls are allowed on the tennis court.
COURT RULES
1. Only five (5) minutes for warm up when players are waiting.
2. Doubles play shall have precedence over singles when players are waiting, except for mutual agreements, in which case singles will play a one set game only, with a seven point tie breaker at five (5) all games.
3. Waiting players are urged to make up their foursomes before set is completed so as to be ready to step onto the court.
4. When several players are waiting, the limit is one-half hour game or completion of the set, whichever is longer.
5. Guests must be accompanied by a Meadowood Village member. A limit of three (3) guests per member are allowed to play on the tennis court at one time.
6. No wheel toys such as roller blades, skates, bikes, big wheels, skateboards, scooters or hockey equipment will be permitted on the tennis courts, basketball courts or streets.
7. No loud radios, tape players, etc. allowed in Tennis Court area. Plastic water bottles permitted. NO glass containers or alcohol allowed in tennis court area.
8. The tennis court is to be kept clean at all times. Please remove your own trash.
9. HOURS OF USE: 9:00 A.M. UNTIL DUSK
Any persons including but not limited to owners, lessees, guests, invitees, etc. using the tennis courts do so at their own risk and shall hold the Association harmless from any loss or damage or injury that may be incurred while using these facilities.
10. Anyone caught and found to be responsible for damage, misuse or destruction of any portion of the tennis court facilities shall be held responsible and liable for such damage; and MAY have "use of privileges" suspended for a maximum of six (6) months and cost of repairs assessed to owner’s account
BASKETBALL COURT
1. Maximum number of players is limited to 6 per court (12 maximum on both courts at any one time.)
2. When several players are waiting, the limit is one-half hour game.
3. Guests MUST be accompanied by a Meadowood Village Member. A limit of three (3) guests per member are allowed to play on the basketball court at one time.
4. No wheel toys such as roller blades, skates, bikes, big wheels, skateboards, scoters or hockey equipment will be permitted on the basketball court.
5. No loud radios, tape players, etc. allowed in the basketball area.
6. Plastic water bottles permitted. NO glass containers, food or alcohol allowed in the court area at any time.
7. The basketball courts are to be kept clean at all times. Please remove your own trash.
8. HOURS OF USE: 9:00 A.M. UNTIL DUSK
Any persons including but not limited to owners, lessees, guests, invitees, etc. using the tennis courts do so at their own risk and shall hold the Association harmless from any loss or damage or injury that may be incurred while using these facilities.
Anyone caught and found to be responsible for damage, misuse or destruction of any portion of the tennis court facilities shall be held responsible and liable for such damage; and MAY have "use of privileges" suspended for a maximum of six (6) months and cost of repairs assessed to owner’s account
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V. ANIMALS
Vicious dogs are not to be owned or kept on premises. Vicious breeds of dogs include, but not limited to: Akita, Chow, Doberman, German Shepherd, Rottweiler and Pit Bull.
1. Tags – All dogs are to be tagged with the owner’s name and address. Animals without identification may be impounded.
2. No breeding or kenneling of animals on premises.
3. Leashes – When dogs are in the Common Area they must be kept on a leash and controlled by the owner.
4. Messes - Animal’s owners are responsible for cleaning up of any mess (defecation, vomiting, etc.) caused by or left in the Common Area or Exclusive Use areas.
5. Barking – Excessive barking may be deemed a nuisance and subject to fine procedures.
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VI. CHILDREN
1. Driveway Playing – Children are not permitted to play or ride bicycles, tricycles, skateboards, in-line skates, scooters, razor scooters or powered vehicles in the streets.
Anyone riding bicycles, tricycles, skateboards, roller skates, in-line skates, scooters and razor scooters or any other wheeled recreational equipment must wear protective headgear (helmet), elbow pads and knee pads are strongly recommended.
2. Trashing Common Area – Throwing rocks, debris or trash of any kind is prohibited on any Common Area property. Parents or guardians may be cited and fined for the improper behavior of their children.
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VII. UNITS
1. Cleanliness & Sanitation – Owners are to maintain their individual units in a sanitary fashion, free of pests such as ants, termites, rodents, etc. and free of trash and animal waste, which affect the entire complex.
2. External Installations – No resident may install television antennas, machines or air conditioning units, etc. on the exterior of the complex or any other items that protrude through the wall or roof without authorization from the Board of Directors. No basketball backboards shall be erected or maintained on any buildings, or in the streets.
3. Hanging Items Outside – Owners/residents may not hang garments, rugs, sheets, clothing, etc. from windows, patios, balconies or facades, nor may they clean rugs, etc. by beating upon them in the area outside of the unit. No rug, garment, etc. is to be cleaned by beating the item on the exterior part or walls of the complex. No clotheslines are to be attached to or be in or upon an exterior portion of the complex.
4. Holiday Décor – Holiday lights and decorations may appear on the outside of units between November 1 and January 31.
5. Maintenance – Each owner must perform promptly all maintenance and repair work within the unit, which if omitted, would affect the complex in part(s) belonging to other owners.
6) Noise – Residents shall show consideration of others by not making noisy disturbances. This includes, but not limited to, the use of musical instruments, radios, televisions and sound amplifiers that disturb other residents.
7. Patios & Balconies – The maintenance and cleanliness of patios, balconies, and windows are the responsibility of the unit owner. Items such as potted plants may not be placed on top of the balcony, walls, railings and fences. Swings and play structures shall not be hung from patios or balcony rafters.
8. Replacement Items – The normal replacement, repair or maintenance of certain exterior portions or interior items that affect the exterior of a unit, such as door
locks, handles, door hinges, garage door mechanisms, lighting fixtures that are operated by switches inside the unit, etc. is to be performed or paid for by the owner/resident of the unit. The items that the owner is responsible for are those which he/she has exclusive use or control over. The replacement/repaired item is to match the original version of the item as closely as possible. Sheets, blankets, foil, etc. are NOT appropriate window coverings. Window coverings should be cloth curtain/drapes or shutters. The Association is responsible for the periodic painting of the exterior of the units and buildings.
9. Safety – No one is to engage in any act on Association property which might endanger the health or property of other owners/residents, including speeding.
10. Signs, Banners, Etc. – No resident may post advertisements, signs or posters of any kind in or upon the project, except an owner who may post a sign in the window of the unit, of customary and reasonable dimensions advertising the unit for sale or lease.
11. Structures – No structural alterations may be made to any unit, including plumbing and electrical wiring, replacing windows, and security screens, and screens without approval of the Board of Directors and the obtaining of any needed governmental agency permits. All work so approved must be done by licensed contractors. No exterior building or structure (storage shed, playhouses or other structure) are not allowed on patio and balconies.
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VIII. LEASE RENT OR SALE
1. Default Causes – All leases shall be in writing. All units are for residential purposes only. No owner may lease less than the entire unit. Any lease agreement shall provide that the terms of the lease shall be subject to the By-Laws, C.C.&R.s, and rules and regulations. Failure of the lessee/renter to comply with the terms of such documents shall be default under the lease.
2. Document Transfer – When selling a unit the seller must give the buyer a copy of the Declaration of Restrictions (C.C.&R.s) the Articles of Incorporation and the By-Laws. (See Civil Code Section 1360). Also, the pool key and mailbox key(s) must be given to the buyer.
3. Rules Accountability – When an owner leases or rents a unit, the lessee or renter must be given, by the owner, a copy of the "Meadowood Village: Resident Handbook" including these rules within 30 days of the start of the lease or rental. The owner is responsible for a lessee or renter’s violation of the rules.
4. It is the owner’s responsibility to provide the tenants with copies of the C.C.&R.s and Rules and Regulations.
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IX. GENERAL INFORMATION
AIR CONDITIONERS – The cost of maintaining and repairing the heating and air conditioner is the sole responsibility of the homeowner. Any heating and cooling equipment exclusively serving an owners unit which is located on the roof of the building containing the unit shall be maintained and repaired solely by the Association, upon written request of such owner. The costs of all such maintenance and repair shall be added to, and shall constitute a part of the annual assessment levied against such owners. (Section 2.09 of CC&R’s).
ASSESSMENTS – The monthly Association assessment is currently $170.00 per month. This payment covers such items as common property insurance, trash service, landscape maintenance, water service, pool/spa maintenance and pest control. The monthly assessment also covers all structural repairs and general maintenance, including exterior painting.
Payment is due on the first of the month. If not received by the 15th of the month, a $10.00 late fee is assessed.
If an owner is delinquent in payment of assessments, the Association may enforce payment through court proceedings, or the unit may be liened and sold through the exercise of a power of sale. The cost of attorney, lien, and other recovery fees will be charged to the owner. See Assessments under Rules.
CABLE TELEVISION – Residents may subscribe to cable television service by contacting Charter Communication at 987-6275.
ELECTRICITY – The cost of electricity is the responsibility of the unit owner/resident.
GAS/GAS SHUTOFF VALVE – The cost of gas is the responsibility of the resident. The gas meter and shutoff valve for each unit is on the outside of each building next to utility doors. Contact Southern California Gas Company for service.
MAINTENANCE – All exterior doors including garage doors are the owner/resident’s responsibility to maintain, repair and replace with approved doors. The Association will provide labor and material to paint all replaced exterior doors
GARAGE DOOR REPLACEMENT – The Association has approved the replacement of the existing wood garage doors with a roll-up sectional door. Owners can have the Amarr Heritage 24-gauge sectional roll-up door in short panels installed with the color to be brown and with no windows or they can have the Amarr Weather Guard Dura Safe door installed using the same specification. The garage doors can only be installed by R & R Garage Doors at (909) 945-9891.
GROUND FAULT INTERRUPTER (GFI) – There are two (2) buttons on the GFI: 1) a Test button, and 2) a Reset button. The Test button should be pressed once a month to insure the electrical cutoff is working. When the Test button is pressed power to the outlets on the circuit should be cut off and the Reset button should pop out. (If power is not interrupted when the test button is pushed, then the GFI needs to be replaced. It is defective and will not protect against a potentially fatal shock.) To restore power to the circuits, simply press the Reset button.
INSURANCE – The Association carries a master insurance policy on the buildings and common areas with a $10,000.00 deductible. If a homeowner files a claim with the against the master policy the homeowner is responsible for the deductible. The Association also has earthquake insurance coverage with a 35% or $25,000 deductible per building.
Owners and residents should purchase a condominium or renters policy to cover the contents and interior of their units plus the $10,000.00 deductible. The master policy will not cover damage from fire, flood, storms, wind, etc. to these areas.
LANDSCAPE MAINTENANCE – Standard landscape maintenance is done twice a week. The number of waterings per week will vary with the season. Trees are normally trimmed annually. Owners are responsible for trimming trees in their patio and damage caused to water lines, sewer, etc. from roots.
MAILBOX KEYS – Contact the post office to change out lock. If the key is lost you will need to contact a locksmith to make a new key.
PEST CONTROL – Each month the complex is sprayed around the edges of the buildings and sidewalks to control insects. Pest control inside the unit is the owner’s responsibility.
A reduced cost for pest control inside a unit can be obtained from the Association’s pest control contractor. Contact the Management Company for the Pest Control Company’s name and number.
13. PLUMBING LEAKS – Responsibility for plumbing leaks inside the walls and floors of the unit are the homeowner’s responsibility. Leaks within the unit, (e.g., dripping faucets, leaky toilets, leaky bath tubs/showers, leaky hot water heaters, etc.), are the owner/resident’s responsibility.
Clogged drains within each unit are the responsibility of the unit owner.
Unit owners should have leaks inside their unit repaired as quickly as possible. If the owner believes the leak is an Association responsibility, the owner should contact the
property manager immediately.
The Association is responsible for repair common pipes servicing more than one unit. And the hose bibs located outside of the units.
14. WATER SHUT-OFF VALVE – There is a water shut-off valve for each unit located by the front door. Homeowner’s are esponsible for the shut off valve.
15. POOL AREA – The Pool areas contain a swimming pool, spa and rest rooms. Your pool key opens the two fence gates and the rest rooms. Pool keys will not be copied by legitimate locksmiths, so everyone is cautioned to take great care of this key. The replacement cost is $25.00. This should be considered if you plan to lend your key to anyone to use. The same key also operates the tennis court gates.
16. QUESTIONS – Any questions should be directed to the Board of Directors c/o Vintage Management Consultants. in writing at 1235 E. Francis Street, Suite E, Ontario, CA 91761. Or you may attend the monthly board meeting on the third Tuesday of each month at 7:00 p.m., at the Rancho Cucamonga Senior Center.
17. SECURITY – Any and all crimes against your person or property in the complex should be reported to the Rancho Cucamonga Sheriff’s Department. Also, the Board of Directors would like to be made aware of any crimes committed in the complex. Please call the Property Manager and leave a message.
The two locks on the front door and the lock on the door to the garage should be kept locked. New owners should consider re-keying their locks.
If no one is home for an extended period, consideration should be given to unplugging the garage door opener and shutting off the water to the unit. Arrangements should be made to suspend newspaper and mail delivery during such an absence.
Garage doors should be kept closed except when someone is in the garage, entering or exiting vehicles.
Person(s) of a suspicious nature who do not appear to belong at the complex and/or suspicious activity should be reported to the Rancho Cucamonga Sheriff Station via 911.
18. SMOKE DETECTORS – The smoke detector should be tested once a month by pressing the test button to sound the alarm. It is suggested that owners install a battery-powered smoke detector in the garage and a fire extinguisher be kept in the kitchen.
19. SOLICITORS – No solicitation is allowed on the condominium property. If you are solicited, request to see the solicitor’s City of Rancho Cucamonga peddler’s license.
20. TERMITES – Termite inspection for the sale of a unit can be obtained by calling the property manager. Homeowner is responsible for inspection cost. Termite treatment for exterior of buildings is the responsibility of the Association.
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X. RULES
Owners/residents witnessing violations of the rules should, in writing, note the date, time, unit involved, rule violated, and any other pertinent information. One should sign and mail the violation letter to the Property Manager. The author of the violation letter will be kept confidential.
GROUNDS
Alterations – No resident shall at his/her own initiative or expense, make any alterations, additions, or modifications to any portions of the Common Areas; or place or maintain/attach any objects on/to/about the exterior of any building or Common Area without authorization of the Board of Directors. The responsible unit owner who does so may be charged an amount equal to the cost of repairing/restoring/replacing any unauthorized alteration, additions, modifications or damage to the Common Areas, exterior of the building(s) or areas of Association responsibility.
Landscaping – Homeowners or residents who remove Common Area plantings without first obtaining approval from the Board of Directors shall be assessed a sum equal to the gardener’s estimate for replacing ground cover or plantings. Private plantings or alterations by owners/residents in Common Areas is prohibited without permission from the Board of Directors. Any unauthorized plantings or alteration to the Common Area may be removed or replaced at the discretion of the Board of Directors.
Littering – No littering in any of the Common Areas or driveways of the Association is allowed. All trash is to be placed in your trash cans. Large items (i.e., cardboard boxes) should be broken down or cut up to fit inside the trash cans.
Noise – Residents shall use extreme care to control noise that may disturb other residents within your unit or in the common area. The use of radios, tape players and similar sources of sound is prohibited in the Common Areas unless used with earphones.
Storage – Driveways/Fire Lanes are not to be used for any storage whatsoever.
GUESTS
Guests – Each owner shall have the responsibility to ensure that tenants and guests comply with governing documents of the Association. Each owner shall have responsibility to provide their tenant a copy of the Rules and Regulations and all portions of the CC&R’s and Bylaws as related to responsibilities, duties, rights and restrictions of residents.
CITATIONS
Citations – A $25.00 fine will be levied against a homeowner for the first violation of a rule. Each subsequent violation of the same rule will result in doubling of the prior fine, i.e. $50.00 for second violation, $100.00 for third violation, etc
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XI. ASSOCIATION ASSESSMENT COLLECTION POLICY
EFFECTIVE FEBRUARY 21, 2006
THE FOLLOWING SHALL APPLY TO ALL PAST DUE ACCOUNTS
Timely payment of regular and special assessments is of critical importance to the Association. A member’s failure to pay monthly assessments when due creates a cash-flow problem for the Association and causes those owners who make timely payment of their assessments to bear a disproportionate share of the community’s financial
obligations. Therefore, the Board of Directors has enacted the following policies and procedures concerning collection of delinquent assessment accounts:
1. Assessment Due Date. All regular assessments shall be due and payable on the first day of each month. Special Assessments shall be due and payable on the due date specified in the notice imposing the assessment. Regular and special assessments shall be delinquent if not paid within 15 days after they become due.
2. Late Fees. If any installment payment of a regular assessment, or payment of a special assessment, is not made within 15 days after it has become due, a late payment charge of
$10.00 shall be imposed, and the Association shall be entitled to recover any reasonable collection costs, including attorney fees, that the Association then incurs in its efforts to collect the delinquent sums.
3. Interest Charges. If an assessment payment is delinquent for more than thirty (30) days, interest may be imposed on all sums due, including the delinquent assessment, collection costs, and late charges, at an annual percentage rate of 10%.
4. Lien Policy. Prior to filing a lien for delinquent assessments, the Association or its agent shall send a warning letter, via certified mail, to the unit owner when the account is more than 60 days past due. If the delinquent account is not paid current within thirty (30) days, the Association or its agent may cause to be recorded in the County Recorder’s Office a Notice of Delinquent Assessment (assessment lien) concerning all sums that are then delinquent, including the delinquent assessment, late charges, costs, and reasonable attorney fees. Recording this notice creates a lien, which is subject to foreclosure, against the delinquent owner’s property.
5. Enforcement of Lien. If the delinquent account is not paid current within thirty (30) days of the filing of the lien, the Association may enforce the lien in any manner permitted by law, including but not limited to foreclosure or lawsuit for money damages.
6. Foreclosure Costs. If a lawsuit or foreclosure procedure is initiated by the Association to recover assessments, the Association is entitled, by law and by the Declaration of Restrictions to recover not only the amount in default, plus late charges, but also reasonable costs of collection, including trustee fees, title company charges, and attorney fees.
7. Reasonable Costs of Collection. The Association is entitled to collect all of the following as reasonable costs of collection: interest, late charges, collection expenses, administration fees, attorney’s fees, reimbursement assessments or any other amounts due to the Associatio n
8. Application of Payments. Payments received on delinquent assessments will be applied to the owner’s account as follows: payments shall be applied first to the principal delinquent balance Only after the principle is paid in full shall any payments be applied to interest, late charges, collection expenses, administration fees, attorneys’ fees, reimbursement assessments, or any other amount due to the association which
results in continued delinquencies.
9. Release of Lien. As soon as a delinquent owner has paid in full all delinquent assessments and charges, including attorney fees, the attorney will prepare a Release of Lien which will be recorded in the County Recorder’s Office of the county in which the lien was recorded within twenty-one (21) days of payment.
10. No Waiver. Failure of the Association to strictly enforce this policy is not a waiver of its right to collect delinquent sums.
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