As you may know our current policy is homeowners who are in arrears over 60 days lose services such as snow removal, lawn care and trash pickup until they make payment arrangements.
In an effort to help the homeowners get caught up, the Board has made a policy of permitting the payment of the current assessment, and a specified amount towards the arrears to be paid each month in order to continue services. The Board has applied current payments to current assessments permitting the owner to gradually pay down the arrears balance with the excess. It should be noted that even though our CC&Rs state that the payments go “first to costs (such as legal), then to interest (which we do not charge), then to late fees, then to assessments,” we have applied the fees first to assessments and let the owners pay off the past due amounts as they are able.
Each owner who has had a past due balance who has contacted the Board has had a plan worked out to help them get their arrears paid off gradually on a case-by-case basis. However this has been very slow and some homes are not paying arrears at all.
The Board has reviewed the budget for 2009 and since there are now no reserves because they were spent on excess snow removal charges from last year, and because we cannot operate without funds, we must establish a new policy to replenish reserves and operate the HOA. We do not want to have to raise everyone’s dues because of people not paying their HOA bill, which includes arrears and penalty.
NEW POLICY:
All homeowners with a past due balance of late fees, assessments, legal fees or other fines or charges must have these paid in full, with a zero balance by June 1, 2009. That is six months from now and will be enforced. Any home at that time that has a balance will have services stopped within 10 days of that date, and all measures including lien, suit, collection agency and/or foreclosure will be effected as per CC&Rs and state statutes.
After June 1, 2009 the CC&Rs will be strictly enforced with regard to collections including:
• Non-waivable $20 late fee on the 10th
• Cessation of services at 10 days late including removal of trash can
• “Intent to lien” letter at 30 days late
• Lien at 60 days late filed against property with Utah County
• Legal action/suit at 90 days.
All associated fees for collection and legal services will be charged to the homeowner as well. SEE YOUR STATEMENT SENT TO YOU OR CONTACT THE TREASURER.
Please review any past due balance you may have, plan accordingly to pay this off by June 1st and let the Treasurer know your intent. If we do not hear from you and you are on a current plan that will not get your bill paid by June 1st, please be aware that your services will be terminated June 1st if you are not at a zero balance.
Thank you for your cooperation in this matter and if you already have a zero balance thanks for your diligence.
- The Cove at Oak Vista HOA Board
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