Autumn Wood HOA

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Autumn Wood at Hunter's Field HOA Delinquency Policy
Approved by the Board of Directors, November 15, 2012
Reaffirmed and effective January 1, 2016

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 our 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 5320(a), the following are the Association's assessment practices and policies: 

  1. Assessments, late charges, interest and collection costs, including any attorneys' fees, are the personal obligation of the owner of the property at the time the assessment or other sums are levied (Civil Code Section 5650(a); Civil Code Section 5660).
     
  2. Regular monthly assessments are due and payable on the first day of each month.  A statement is sent each month to the billing address on record with the Association.  However, it is the owner of record's responsibility to pay each assessment in full each month regardless of whether a statement is received.  All other assessments, including special assessments, are due and payable on the date specified by the Board on the Notice of Assessment, which date will not be less than thirty (30) days after the date of notice of the special assessment.
     
  3. Payment Location:  The Association will be the collector of Assessments, late fees, and interest.  Assessments may be paid by check, or by electronic payments.  Please submit all payments, including overnight mail deliveries, to Autumn Wood at Hunter's Field Homeowners Association, at the address listed on the billing statement, or to the Association's business address, PO Box 917, Simi Valley, CA 93062
     
  4. Any payments made shall be first applied to assessments owed, and only after the assessments owed are paid in fall, shall such payments be applied to late charges, interest, and collection expenses, including attorneys' fees, unless the owner and the Association enter into an agreement providing for payments to be applied in a different manner. (Civil Code Section 5655)
     
  5. Assessments not received within fifteen (15) days of the first day of each month (stated due date) are delinquent and shall be subject to a late charge of ten dollars ($10.00) for each delinquent assessment per unit.
     
  6. An interest charge at the rate of 12% per annum may be assessed against any outstanding balance, including delinquent assessments, late charges and cost of collection, which may include attorneys' fees. Such interest charges shall accrue thirty (30) days after the assessment becomes due and shall continue to be assessed each month until the account is brought current.
     
  7. If a Special assessment is payable in installments and an installment payment of that special assessment is delinquent for more than thirty (30) days, all installments will be accelerated and the entire unpaid balance of the special assessment shall become immediately due and payable. The remaining balance shall be subject to a late charge and interest as provided above.
     
  8. If an assessment is not received within fifteen (15) days after the assessment becomes delinquent, the Association or its designee, in the event the account is turned over to a collection agent, will send a pre-lien letter to the owner as required by Civil Code Section 5660 by certified and first class mail, to the owner's mailing address of record advising of the delinquent status of the account and impending collection action.  The owner will be charged for the fees and any other costs involved in the pre-lien process.
     
  9. If an owner fails to pay the amounts set forth in the pre-lien letter within thirty (30) days of the date of that letter, the Association will authorize a collection agent to record a lien for the amount of any delinquent assessments, late charges, interest and/or costs of collection, including attorneys' fees against the owner's property. The owner will be charged for the fees and costs of preparing and recording the lien.
     
  10. Thirty (30) days following recording of the lien, the lien may be enforced in any manner permitted by law, including, without limitation, judicial or non-judicial foreclosure (Civil Code Sections  5700(a), 5710(a), 5710(c)(1) and (c)(2), 5725(b), and 5735.  If an owner, within thirty (30) days from the date of recording of the lien, pays to the Association, under protest, all amounts required by Civil Code 5725 (the amount of assessments, late charges, interest, all fees and costs to date of preparing and filing the lien, including attorneys' fees, not to exceed the statutory allowance), the owner may request resolution of the assessment dispute by Alternative Dispute Resolution (ADR) as outlined in Civil Code Section 5975, by civil action, or by other procedures available through the Association.
     
  11. An owner is entitled to inspect the Association's accounting books and records to verity the amounts owed pursuant to Corporation Code Section 8333.
     
  12. In the event it is determined that the owner had paid the assessments on time, the owner will not be liable to pay the charges, interest, and costs of collection associated with the collection of those assessments.
     
  13. Any owner who is unable to pay assessments will be entitled to make a written request for a payment plan to be considered by the Board of Directors. An owner may also request to meet with the Board in executive session to discuss a payment plan. (Civil Code Section 5665) The Board will consider payment plan requests on a case-by-case basis, yet is under no obligation to grant payment plan requests.
     
  14. Nothing herein limits or otherwise affects the Association's right to proceed in any lawful manner to collect any delinquent sums owed to the Association.
     
  15. Prior to the release of any lien, or dismissal of any legal action, all assessments, late charges, interest, and cost of collection, including attorneys' fees, must be paid in full to the Association.
     
  16. All charges listed herein are subject to change upon thirty (30) days prior written notice.
  17. As resolved,
    The Board of Directors
    Autumn Wood HO
    A

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Reviewed:

October 11, 2017