Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM
Enforcement of Lien for Assessments; In the event any sums, charges or assessments required to be paid to the corporation by the due date herein remain in default for thirty (30) days or longer, the remainder of the regular assessments due within the calendar year of such default shall be immediately due and payable, and the corporation, acting on its own behalf or through its Board, may enforce its lien for assessments or take such other action to recover the sums, charges or assessments to which it is entitled, in accordance with the Master Deed and the Act or both and provided the Board gives timely notice of its intent to such delinquent owner.
OK. This says that if members are authorized to pay the annual assessment in monthly installments, once an installment is 30 days late, the past due amount and remainder amount for the year become due immediately. It also allows the Association to enforce it's lien for the full amount.
So, If assessments are $900 per year, payable in monthly installments of $75, if the member doesn't pay any installments, on February 1, the Association may file a lien in the amount of $900 (vs. the $75 installment).
Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM
Governmental Liens and Assessments: In the event that an owner fails to pay any tax or assessment lawfully assessed by any governmental subdivision within which the property is situated, by the date such tax or assessment is due, the Board may pay the same from the funds of the corporation and assess such owner for the amount paid, plus interest thereon.
This says that the Association, as an option to protect it's lien,
may pay any back taxes owed on a property (as tax liens supersede the HOA lien) and if they do, then the taxes paid become part of the Assessment due.
Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM
So the first one makes the person not a member in good standing but the 2nd one doesn't.
Basically, yes. If the member was paying the assessments but failed to pay back taxes, then are in good standing with the Association.
Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM
There is more involved here but I don't want to give any more detail.
I understand that.
Advice and/or opinions can only be based on the information provided, personal experiences and the interpretation of any research done. If any of that changes, the advice/opinion may change.