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BernardH (Virginia)
Posts: 28
Posted:
During our last board meeting the president read and explained (see below) that the section I( B)of the resolution on assesments makes mandatory the mailing of quarterly documents, etc... only ( I repeat only) in case of delinquent payments, which explains why all the homeowners did not have them mailed quarterly.

I was the only "dissident" who did understand that should mandatory and backed the claims from homeowner to have them mailed.
Could I have your understanding?

XXXX OWNERS ASSOCIATION
Resolution on Assessments
Relating to the collection of routine assessment payments and the remedies for delinquent payments.
WHEREAS, Article V, Section 1 of the Declaration of Covenants empowers the Association to fix, levy, collect and enforce payment by any lawful means, all charges or assessments, pursuant to the terms of the Declaration; and
WHEREAS, Article V, Section 3 of the Declaration of Covenants, establishes the purpose of the assessments shall be; and
WHEREAS, Article V, Section 5. states what the remedies for non-payment of assessments shall be;
NOW, THEREFORE, BE IT RESOLVED THAT the following assessment procedures be adopted:

SECTION I: ROUTINE COLLECTIONS
A. The Annual Assessments shall be due in QUARTERLY installments, with the due dates being January 1, April 1, July 1 and October 1 of every year.
B. All documents, correspondence, invoices and notices relating to the charges shall be mailed to the address of the Owner which appears in the books of the Association, unless the Owner has notified the Association, in writing, to send such materials to another address.
C. Nonreceipt of an invoice or notice shall not relieve a Owner of the obligation to pay the amount due by the due date.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I have read and re-read your post, and I have NO idea what you are asking.

Could you please re-state?

Thanks!

MD

BrianB (California)
Posts: 2,820
Posted:
how i read that is to say that the association must send all paperwork relating to the collection of dues (assessments) to the address of record, unless otherwise requested, in writing, by the owner. Also, that no matter whether anything is mailed or not, received or not, owners are required to pay what they owe.

Typically, this means that the HOA sends stuff to the home in the HOA, not to any other address, PO box, etc. unless previous arrangements are made. THis keeps recordkeeping easier, and even if the owner has renters in the home, the correspondence goes to that address, unless the owner has arranged separately. And, even if the renter eats the notice and doesn't tell the owner, the owner is still responsible.

Nothing in the wording requires the HOA to send notices. It just says that if they do, they must send to the address of record.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BernardH: Section I is ROUTINE COLLECTIONS of normal and regular fees; Sec.I/A, assessments are due quarterly (Jan/Apr/July/Oct) each year; I/B,
"All documents, correspondence, invoices and notices relating to the charges shall be mailed to the address of the Owner...unless owner has notified...of another address. This specifically refers to mailed documents (invoice due/or late notices) relating to assessment charges, still under the heading of Routine Collections.

Further, your quote states "...Article V, Section 5. states what the remedies for non-payment of assessments shall be. You have not posted that verbiage.

Not understanding what your concern or question is. What is it you want mailed?

RogerB (Colorado)
Posts: 5,067
Posted:
Your post states "shall (must) be mailed". I would have written SECTION I B. "..... shall be mailed to the latest mailing address provided to the Association by the Owner."

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