Automatic Acceleration of Dues

The following excerpt is taken directly from our CC&R'S.....

The Club *SHALL HAVE THE RIGHT* to accelerate the balance of the Assessments of the delinquent Owner due for the remainder of the budget year in which a claim of lien is filed and such accelerated Assessments shall be due and payable on the date the claim of lien is filed.

At our last BOD Meeting our Treasurer while going thru his monthly report commented about how could the Club make people pay on time...A lenghty conversation took place-- won't get into that part of it---- The Treasurer suggested that the BOD make a Rule where your rights were to be suspended for as additonal 90 days if you were late on dues... The BOD told him to write the rule and they would vote on it..

The President stated that the CC&R'S had a provision for acceleration of dues once a lien is filed,so why was this being discussed...good point-- was not on the agenda---- So our Members management chairperson said that in years past if a Member came to the office and explained that they were having finacial difficulties ,they (the office) would work with them....One year we had an unexpected death and they worked out a payment plan for her to catch up after the funeral and what not---- Well then a BOD Member made a motion that the acceleration become AUTOMATIC when lien is filed , it was seconded and passed--- This all happened so fast I do not believe that the rest of the BOD even really understood what was taking place....
So my question to you all and need some input here----- Now that the BOD has made it AUTOMATIC for the acceleration because of this motion......Does it infere that you can no longer go ask for a "grace " period or work out a payment plan any longer ,becuase it is now AUTOMATIC after 90 days they pay an Attorney to go file a lien PLUS you have to pay all the rest of the monthly dues till the end of the year...So if you didnt have the money for the 90 days how would you come up with the money for the rest of the year...

One of my neighbors asked me if that motion to make it AUTOMATIC actually violates the CC&R'S as they state "shall have the right" it doesn't say AUTOMATIC.... I would tend to think from what I have learned from this forum that the motion is a "clarification" ??? Correct me if I am wrong PLEASE ....Dont get me wrong--- I whole heartedly believe that the motion is unfair and not necessary within our community.... Guess we are no longer a caring place to live all because of the almighty dollar ......What a shame..... Linda C

THANK YOU ROGER ............Spoke to a BOD Member after your posting and his reply to me was T.S.
So I of course will bring to full BOD attention w/o mentioning the other BOD Members comment but I just want to clarify --- By making the motion to make them 'AUTOMATIC" in your opinion change the wording and intent of our CC & R'S...........thanks in advance LindaC

Linda - I am surprised no one has addresed the fact that this "rule" was adopted without being on the agenda. If your state has open meeting laws, the following from Robert's Rules should apply. "Nor can there be action on any item not on the agenda."
This is to me a major change in policy and should have been on the agenda for member input. In any event, your BOD violated the open meeting law by not publishing that this item would be discussed and voted upon, so this "rule" should be stricken until it can be properly addressed. Harold

Our assessments are due in two installments: Feb. 1 and April 1. We had a few folks past due for a year or longer and decided to file lawsuits. Our attorney advised us to wait until the first installment was due to file so that we could accelerate the final payment into the lawsuit amount. This is the only time we have ever 'accelerated' an amount due.

J Patrick Moore -- We do not have a Management Company... We have a live on site- manager/Member-- He takes direction from the management committe who takes their orders from the BOD...He is not allowed to make payment arrangements with anyone anymore.... No warning no nothing -- They really thought they were doing it to PUNISH a Member here who filed for mediation with the State of Florida but it backfired on them...This gentleman had made a comment at a BOD meeting that is was unlawful to publish a 30-60-90- day list with amounts and the Members name and they fluffed him off... He really is a very intelligent man... So on top of all the other harassment they have done to him he filed and got the Aokay from the State to proceed with the mediation and they are PEOD........
Only last month after only 34 years of being in existence and at somewhat of a "gentle" urging from me, they finally FINALLY added the President and 1St Vice President to signing of checks-- Up until last meeting it was only the MANAGER SIGNING CHECKS>>>>WHOA WHOA WHOA....And NO AUDIT but yet in 10 years our Monthly dues have gone from $75.00 to $ 161.00...Plus varying "special" assessments and all that money is gone-- In 2005 we each (299) paid a $750.00 "hurricane" assessment........MONEY IS GONE and they will not tell us where it all went....So little by little we are trying to get this place in order and "gentle" reminding them that are consequences for all actions.......LindaC :>)