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Collections Of Delinquent Fees/Assessments

As per the resolution that was approved on December 6, 1990 the following is the detail of the process of collection of delinquent assessments.


I.    Routine Collections


1.      All monthly installments of Assessments are due and payable in advance on the first day of each month.

2.      All notices relating to non-payment of assessments will be mailed to the Owner, with a copy to the mortgagee of the unit, if known to the Association, by       registered or certified mail. The costs of these mailings may be added to the account and be part of the continuing lien for assessments.


II. Remedies For Non-Payment of Assessment


1.      A first collection letter will be sent to the Unit Owner after 15 days from the first of the month with a $25.00 late charge. All late fees will be part of the continuing lien for assessments.

2.      For every thirty (30) day period thereafter during which the Association does not receive the unpaid assessment, a second letter will be sent to the respective parties, with an additional $25.00 late fee on the outstanding amount.

3.      If full payment of the amount in arrears, including late charges and costs of mailing, is not received by the Association within sixty (60) days after the due date, then the matter will be turned over to the Association’s attorney who will forward a letter to the delinquent owner. 

4.      The attorney’s letter will inform the owner that if the account remains delinquent, a lien will be placed on the Unit, with the cost of filing of the lien added to the account, together with reasonable attorney’s fees.

5.      If within ten (10) days of the filing the Notice of Lien , the account still remains delinquent, appropriate legal action may be initiated by the attorney as directed by the Board, which may include foreclosure or suit for money damages.

6.      If an owner pays the maintenance fee due, but fails to satisfy any late fee charge, the owner will be given a thirty (30) day grace period to make payment from the    day the late fee is assessed before applying interest charges at the highest legal rate provided for in the Master Deed and By-Laws and turning it over to the Association attorney for collection. Late fees will be collected in the same manner as maintenance fees.

7.      If the amount in arrears exceeds $750.00, the attorney is directed to institute a suit for money damages or foreclosure.

8.     If the Association receives from any Owner, in any accounting year, two or more returned checks for payment of assessments, the Board may require all future payments to be made by certified check or money order for the remainder of the fiscal year. A twenty five dollar (25.00) charge will be made and added to the account for any returned checks.

9.     Association membership rights of any Owner whose account is thirty (30) days past due may be suspended at any time at the discretion of the Board during the period that any installment, charge or assessment remains unpaid, subject to the terms of the Governing Documents.

10. Delinquent owners shall be liable for the amount of accelerated installments, costs of the suit, and costs of filing prior to reinstatement of account. These payments must be made to the Association prior to the discharge of any lien.

11. Any money collected from delinquent owners will be applied to their account as follows: First- to satisfy late fees; Second- to satisfy attorney’s fees; Third- to satisfy any processing fees; Fourth- to satisfy any special assessments; and Fifth- to satisfy maintenance fees.       

Note: Unit owners with accounts in arrears could face suspension of access to HVN recreational facilities, including the pool and gym.

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