VILLAGE CONDOMINIUM ASSOCIATION AT BOLTON VALLEY, INC

RULES AND REGULATIONS

 

Version 2.0

 

 

SECTION I

Guidelines for Community Living

 

These guidelines for community living are formulated to be consistent with the By-laws of the Bolton Valley Village A and B Condominium Association and the Declaration of Condominium of this Association and the Vermont Condominium Ownership Act (27 VSA, 1994) and are subject to the authority of those laws and regulations.

 

Prologue

 

Condominium living, by its very nature, involves a closeness of association with one’s neighbors, a sharing of structure and infrastructure and an interdependence with one’s fellow unit owners for both safety and quality of life. Therefore, it calls for a greater understanding and acceptance of certain guidelines for living-style than does a more typical lifestyle involving one’s own piece of land and a free standing house. Our freedom of behavior should not interfere with the freedoms of others in the community.

 

The essential guidelines for our behaviors should be founded upon the principles of respect and consideration of the others we interact with. However, sometimes specifying these principles in a set of specific standards for behavior is necessary for clarity and agreement. The following statements are an attempt to provide the mutuality of understanding necessary to make living together more pleasant for all of us in the Association.

 

They are a work in progress which will, undoubtedly, be revised as we learn from our experiences. The procedures and penalties are not intended to be threatening but are defined to spell out the ways in which a member of the Association can address perceived problems and the recourses available to the Association in enforcing its expectations.  Nothing in this paragraph should be construed, however, as a waiver of the Association’s or Board’s authority to take such legal and necessary actions to enforce these Rules and Regulations.

 

It is the hope of the Board of Directors that acceptance of the principles of respect and consideration will, in itself, reduce behaviors which intrude on the lifestyles of others

and that any perceived non-compliance will be resolved co-operatively at the lowest level of the identified enforcement methods.


 

A.     Protection of Buildings and Preservation of Appearance:

 

1.                   No owner may do or cause to be done any construction, repair or alteration work whatsoever, except inside the boundaries of his/her unit as defined in the Declaration. Without first obtaining the approval of the Board of Directors, no work of any kind is to be done upon:

 

a.       Any structural element of the building,

 

b.      Any shared plumbing, wiring or other common element of the building, or,

 

c.       The exterior of the building.

 

2.                   No owner shall engage in or permit any conduct or use, or maintain any device in or adjacent to any unit which will increase the risk to others or the cost of fire insurance, including:

 

a.       The use and the storage of charcoal and propane grills are expressly prohibited on balconies, wood patios or in common areas.  Barbecue grills may only be used in designated grilling areas approved by the Village Association board of directors. Owners should recognize that in accordance to Vermont Fire Codes, NFPA 1 3-4.7 and NFPA 1 30-3.3.8.2, all types of barbecue grills and their storage in and around public buildings are subject to regulation as to size and usage.

 

b.      Wood burning stoves or fireplaces are not to be used as the primary heating source for the unit. Our wood burning stove and fireplaces are not designed for continuous heating, and appropriate for occasional use only. Using our wood burning stoves and fireplaces incorrectly is a significant fire hazard and must be stopped immediately. Owners please discuss with your renters and insure they understand the proper use of the wood burning stoves and fireplaces.

 

3.                   Each owner will keep clean and free from inappropriate and/or unsightly or unsafe objects the balcony and patio areas of the owner’s unit.

 

4.                   Outside clotheslines, or other outside clothes drying or airing, are not permitted. No clothes or other materials can be hung or shaken from balconies or windows, placed on window sills or on an outside clothesline, draped from a balcony, railing or fence, or otherwise left or placed in such a way as be exposed to public view.

 

5.                   Tools, sporting goods, cooking equipment, bicycles or other personal articles and equipment must be kept within the unit or in a storage area approved by the Board of Directors.

 

6.                   Owners may not post signs on the exterior walls of their unit, in the windows of their unit or on any common area for any purpose, including signs advertising the sale or rent of the property. Posting of announcements authorized by the Board or by management is restricted to designated posting areas.

 

B.   Use and Protection of Common areas and Landscaping:

 

1.                   There shall be no use of exterior common areas which will injure or scar the common areas or the vegetation thereon or increase the cost of maintenance thereof.

 

2.                   All landscaping, maintenance and improvement of common areas shall be done by or at the request of the Board of Directors. Unit owners will be permitted to plant annual flowers in the immediate vicinity of their units in authorized containers (secured window boxes, whiskey barrel planters, etc.), provided that approval of management is first obtained and the type of planting will not:

 

a.       Distract from the appearance of the area and will blend in with the overall landscaping of the condominium and,

 

b.      Not obstruct walkways or parking areas.

 

3.                   Interior and exterior common areas in the immediate vicinity of other units shall not be used for camping, picnicking, organized sports and like activities, or for any activity which may be deemed objectionable to neighboring owners or their lessees, or which will otherwise interfere with the use by others of the common area. Areas of the property will, where feasible, be designated and approved by the Board of Directors or by the property agent for such uses

 

4.                   Interior or exterior common areas may be used for spontaneous, normal, temporary activities if they are not objected to by immediate neighbors. Management may approve the use of outdoor common areas for occasional special uses such as shows, exhibits or social gatherings of Association members, giving due consideration for their impact on others. Any equipment left overnight on the grounds shall require the prior approval of management, and such use may not permanently alter or materially injure the landscape or appearance of the common green land.

 

5.                   No owner or lessee shall burn trash or refuse. All trash or refuse shall be stored in plastic bags and kept in containers in a location not visible from an adjoining property. No external fires will be permitted except for cooking fires in fireplaces/barbecues provided by management.

 

 

C.   Use of Units:

 

1.                   Apartments must be heated to at least 50 degrees at all times.

 

2.                   Audio and video equipment shall be played at volume levels which will not be intrusive to others in adjacent units or to those using their balconies in the area.

 

3.                   No owner may use or permit his/her unit to be used for commercial or dormitory use, or for any purpose which is not compatible with residential, single family living, except as authorized by a Home Occupation Permit issued in accordance with Bolton town law, 6.1.

 

4.                   No illegal use shall be made of any unit or common area and all valid laws and regulations of all governmental bodies having jurisdiction thereof shall be observed. No nuisance behavior or practice shall be allowed, or anything done or placed on any private or common area which infringes upon or restricts the freedom of movement, or is otherwise a source of unreasonable annoyance, embarrassment or disturbance to other occupants or which interferes with the peaceful possession or proper use of other units and common areas by their owners or their lessees.

 

5.                   Toilets, kitchens and other water apparatus shall not be used for any purpose other than those for which they were constructed, nor shall any sweepings, rags, or any other articles be thrown into same. Any damage or repair shall be made at the expense of the person causing the damage.

 

D.   Pets:

 

1.                   Household pets of unit owners are acceptable provided that:

 

a.        Pets are required to have a nametag identifying the owner.

 

b.       The property agent must be notified of the presence and appearance of the pet.

 

c.        The pet does not constitute a nuisance or threat to other persons.

 

d.       The pet is permitted to eliminate only in areas designated for that purpose. In cases of feces being dropped in inappropriate places (common areas, walkways, parking lots, etc.), owners are expected to immediately clean up after their pet with a “pooper-scooper,” plastic glove or some other device of choice of the owner.

 

e.        The pet, if outside, is at all times under leash control and in the presence of the owner or other responsible adult. Otherwise, the pet is to be kept indoors.

 

f.         Balconies or decks are not to be used as dog runs or as areas of confinement.

 

g.        The pet is not allowed to bark to a point of  being a disturbance to others, either outside or in nearby condominiums.

 

2.                   If a pet creates noise, damages property, is allowed to run loose without the presence of its owner, or in any other way creates an excessive disturbance or danger to others, the Board of Directors retains authority to terminate permission to keep the pet and, under the worst of circumstances, is authorized to call in the town dog warden to recommend the removal the offending pet.

 

3.                   The unit owner possessing a pet bears the financial responsibility for any damage, loss or liability caused by the pet (clean-up, material repair or replacement, rental loss, medical bills, etc.).

 

4.                   Lessees are not permitted to keep pets on the premises

 

 

E.   Vehicles:

 

1.                   Each unit is entitled to one parking space near the unit. Specific locations may be designated by the Board of Directors if authorized at an annual meeting of the Association. All other cars will park in the unreserved parking areas of the resort. No additional motor vehicles or trailers, boats or recreational vehicles (registered or unregistered) are to be parked in condominium parking lots, except temporarily and for short durations, but then only with prior written approval of the Board of Directors.

 

2.                   All vehicles, whether on-road or off-road, shall be driven in a safe and responsible manner. All vehicles shall be driven on appropriate pathways (roads and parking lots, etc.) and are not to be used on pedestrian paths or walkways. No vehicle shall be left standing in such a manner as to prevent ready access to the units or so as to impede the access of fire-fighting equipment. Use of ski machines, recreational vehicles of all types, motorcycles or scooters, bicycles, and the like are restricted to roads or special trails approved for such use by resort management. Such equipment is subject to the parking regulations in E.. 1. above and is not to be parked adjacent to or in the common areas of the building.

 

 

F.   General Matters:

 

1.                   Owners are obligated to pay their Association fees and other assessments upon receipt of notification of their being due. Payment after 30 days is considered late and is subject to penalty assessment and interest charges. In the case of penalty or interest assessments levied for violations of these guidelines, payment may be deferred until the issue is resolved provided that the owner informs management and the president and the treasurer of the Association and initiates appropriate action (see G. 3. - 7.) to contest the cause of the assessment.

 

2.                   Owners are responsible for the actions of their children, guests and tenants for whom they have made the housing arrangements. The actions of renters arranged for by the managing agent are the immediate responsibility of said management. Ultimately, owners bear the responsibility for the responsible rental of their units.

 

3.                   The Board of Directors authorizes the managing agent to enter any rental unit at any time to deal with emergencies, or at any reasonable, agreed-upon time to accomplish requested repairs, or to carry out scheduled inspections.

 

4.                   In the case of full-time residents, when entry is necessary, prior permission of residents will be sought, but in emergency situations or where potential danger to others or potential damage to the property of others is involved, entry will be effected immediately. A key to the front door of all units is to be in the possession of management. If no key is made available to management, access will be achieved through the least damaging method given the time available. Additionally, if no key has been made available to management, liability for damage because of such entry to the resident’s unit or subsequent damage to other units will lie with the resident unit owner.

 

5.                   Management may promulgate additional reasonable regulations on a temporary basis from time to time for good reason or take immediate action to cope with an unanticipated situation. Such regulations or actions shall immediately be reported to the president of the Board of Directors for informative purposes and for consideration of their acceptability on a long term basis.

 

6.                   The Board of Directors also has the authority to repeal, amend or modify any of these guidelines.

 

7.                   Any explicit or implicit consent or approval given under these rules shall be revocable by the Board of Directors upon recommendation of the condominium property agent or upon complaint of another unit owner after an opportunity of the parties to state their cases before the Board. Procedures to be followed in cases of complaint are found in Section G., 3. - 7.

 

8.                   These guidelines may be amended or changed by a majority vote at any meeting of the full membership of the Association. All proposals for change should be presented in writing to the president of the Board of Directors along with a rationale for the change and an estimate of the involved costs six weeks prior to the annual meeting.  No Amendment may be voted upon at such a meeting of the membership if the proposed amendment was not presented to the president in accordance with this paragraph.

 

9.                   The guidelines are deemed to complement and implement the state condominium laws, the Declaration of Condominium and the By-laws of the Association, not to modify or contradict them. Any inconsistencies between them shall be resolved first to comply with the laws of the State of Vermont, then to enforce the provisions of the Declaration or By-Laws.

 

10.               No improvements, alterations, work, painting or other activity affecting the exterior of the buildings as covered by the Declaration, including but not limited to alteration of Units windows and doors, will not occur without prior approval of the Board of Directors.  Approval shall be requested in writing sent to Boylan Property Management, P.O. Box 3135, Burlington, VT 05401, or such other address as is provided in writing to the Unit Owners.  The request shall set forth the work the Unit Owner proposes to perform, any anticipated impact on common elements or limited common elements, any diagrams of carpentry work, paint samples of any change in paint color, and the name, address and phone number of the contractor who is proposed to perform the requested work.  The Board of Directors, or their designee, shall, within twenty (20) days of such request, inform the Unit Owner, in writing, of its decision on whether the request is GRANTED or DENIED.  If the Unit Owner disagrees with the decision, the Unit Owner may request a hearing in front of the full Board of Directors, which shall be held within ten (10) days of the request.  The Board’s decision shall be final, and enforceable as if it were an obligation created by the Declaration or Bylaws.

 

 

 

 

 

G.   Compliance and enforcement:

 

1.                   A copy of the By-laws of the Association and of these guidelines shall be given to each unit owner prior to or upon the purchase of a unit. Management and/or the involved real estate agent will be responsible for informing the president of the Board of Directors of the purchase. The president of the Board of Directors will contact new owner(s) to welcome them to the Association and to insure that they have the above materials. Agents will be encouraged to inform prospective purchasers of the existence of the Association and the requirement for membership in the Association and for compliance with its by-laws and guidelines for community living before the decision to purchase is made.

 

2.                   New unit owners are expected to abide by the existing guidelines for behavior. They, like any unit owner, may propose changes to the guidelines for consideration at the annual meeting of the association.

 

3.                   In the event of perceived non-compliance with the guidelines by a unit owner, long-term resident or short-term tenant, it is recommended that the complainant make an attempt to resolve the issue amicably between the parties. If this attempt is not successful, a complaint may be lodged by any unit owner or long-term resident with management. Management will seek to determine the accuracy of the complaint and to arrange for accuracy of the violation or a clarification of the apparent violation.

 

4.                   If the situation is not successfully resolved, management or the complainant may present the case, first verbally and, if requested, in writing to the president of the Board of Directors who shall further attempt to resolve the situation by agreement between the parties.  Any such resolution shall be reduced to writing. If no resolution agreeable to the complaintant is reached by any other means within one month of making the original complaint, he/she may quest a hearing pursuant to 27A V.S.A. § 3-102(a)(11), in front of the Board of Directors at which both the complainant and the person against whom the complaint is being lodged will have the opportunity to present their case either personally or in writing. All interested parties to such a proceeding shall be given at least thirty (30) days written notice, and an opportunity at the hearing to present evidence, individually or through counsel, and shall further have an opportunity to testify and to question any person complaining against them, but such questioning shall remain civil and shall avoid repetition or argument.  Such hearing may be conducted with some witnesses appearing by telephone, upon ten (10) days written notice to all interested persons, and members of the board of directors shall appear by telephone if necessary. 

 

 

5.                   By Resolution adopted by a majority of the Board of Directors, sitting in executive session after the hearing contemplated herein, the Board of Directors shall be and hereby are empowered to impose reasonable fines for violations of the Association’s Declaration, Bylaws or these Rules and Regulations.  Any such fine may be collected in the same manner as assessments.

 

6.                   The Board of Director’s decision regarding the complaint shall be binding on all parties. If the problem persists, and constitutes a violation of the Declaration or Bylaws, the Association may enforce pursuant to those documents.  If the issue is not addressed in the Declaration or Bylaws, the aggrieved party or the Board of Directors shall have recourse in a civil action for injunctive relief, and in such action the terms of these Regulations shall be deemed a contract between the litigants. If it is necessary to resort to the legal system, the prevailing party shall be entitled to recover reasonable legal expenses incurred in the action.

 

7.                   Financial penalties may be assessed by the Board of Directors for repeated, demonstrated violations of these guidelines, the By-laws, or the Declaration of Condominium after appropriate warning and notification.  Such penalties shall be collected in the same manner as assessments pursuant to the Declaration and Bylaws. 

 

8.                   In the event that the Board determines that violations of the guidelines have caused a financial burden to other unit owners, it may take such actions it deems necessary or advisable to recover costs incurred by such other unit owners, including but not limited to, a unit owner’s cost to, repair or otherwise treat problems caused by the offending behavior. The Board may, specifically, take any of the following actions, although this list shall not limit the Board’s power to take such other reasonable actions it deems necessary to compensate a unit owner for damages incurred due to a violation of the Guidelines:

 

a.       Direct management to withhold rental payments until the costs are recovered,

 

b.      Assess financial penalties and/or late fees after due notification, which shall be collectable in the same manner as assessments pursuant to the Declaration and Bylaws, and may add such assessments to the Association fee owed by the offending unit owner,

 

c.       Seek payment of such fees and assessments through a court of competent jurisdiction,

 

d.      Ultimately, the Board may place a lien on the property of the offending unit owner through appropriate legal action.

 

 

Supplement to the Village Condominiums at Bolton Valley, Inc.’s

Rules and Regulations Regarding

Unit Repairs Necessitated by Damage to Common Elements

 

 

Intent:

It is the intent of this Supplement to the Village Rules and Regulations to provide consistency and fairness relative to repairs made by the Association for the benefit of Unit Owners, while reasonably limiting the expenses incurred by the Association relative to Unit repairs undertaken to assist Unit Owners when Common Elements necessitate repairs to individual units.

 

Background:

Village condominium units are constructed one on top of one another and, even with the many pro-active initiatives in place to avoid problems, there are still several water stains a year caused by water seeping from one unit to another unit or from common plumbing fixtures into a unit. Most units have had ceiling, wall and floor patches in order to repair such damage. Replacing a unit’s entire ceiling, wall or floor would be cost-prohibitive and it would be unreasonable and beyond the authority of the Association to spread such costs among the various Unit Owners.  Thus, the Association’s Bylaws and Declaration provide that internal unit repairs are the responsibility of the individual Unit Owner.  The Association is committed, however, to providing a reasonable degree of assistance to unit owners impacted by water leaks or other failures of common elements. 

 

Authority:

This Rule is hereby promulgated pursuant to the Board of Directors authority to make rules and regulations governing the use of Units set forth in the Bylaws and Declaration of the Association. 

 

Limitation:

Pursuant to Section 3.13 of the Association’s Bylaws, the Association is officially exempt from liability for damage caused by water leaking from any common area element.  Thus, this Rule is entirely discretionary, and the Association shall not be hereby obligated to contribute to the repair of any interior finished space within a Unit, regardless of the cause.

 

Applicability of Limitation:

By acceptance of title to each unit, each Unit Owner accepted the terms and conditions of the Declaration and Bylaws, as amended, and therefore each Unit Owner is bound by the Limitation of Association responsibility set forth above.  Upon passage of this Rule, such limitation shall be memorialized herein.

 

Rule Regarding Association Repair of Interior Finished Unit:

In the event an owner’s unit is damaged, and the proximate cause of that damage is the failure of a common element or common elements to operate according to their intended purpose, the Association will, at the Board’s sole discretion, determine whether and to what extent the Association will finance the repair of interior finished surfaces within the Unit.

 

If the owner, at their own cost, wishes to engage in repairs more expensive than the Association’s cost of patching or otherwise making limited repairs, the Board, at its sole discretion, shall be and hereby is authorized to remit to the Unit Owner payment in the amount of the Association’s contractor’s estimate for the work the Board has agreed to undertake on behalf of the Unit Owner, if any. 

 

Owner’s repairs must meet all requirements and Association approvals, as provided by the Bylaws, Declarations and Rules and Regulation documents.

 

In the case of a dispute, the Village Association Directors will decide, in their sole discretion, how the repair will be performed and how the costs shall be distributed among the parties involved in the subject repairs.

 

Acceptance of payment hereunder by a Unit Owner shall be deemed an accord and satisfaction, and shall constitute a general release by the Unit Owner, holding the Association harmless from any and all further costs incurred relative to the subject damage or repairs, and the Unit Owner shall indemnify and defend the Association from any and all claim made by any person relative to the repairs undertaken by the Unit Owner.

 

            This Supplement to the Village Condominiums at Bolton Valley, Inc.’s Rules and Regulations has been duly passed as a resolution of the Board of Directors this day of  June 30th, 2007.

 

 

RESOLUTION

 

Pursuant to the affirmative vote of a majority of owners at the meeting held on June 25, 2005, the Board of Directors hereby ADOPTS the foregoing Rules and Regulations.

 

                                                                        ___Kurt Ries_______

                                                                        Secretary of the Board


 

SECTION II

Village Association Polices

 

A. Village Association Insurance Deducible Policy

 

Intent:

In order to be consistent and fair to all parties involved in a claim against the Village Association Insurance policy, along with assisting in mitigating and containing Village Association costs, the Village Association has adopted the following policy.

 

Village Insurance Deductible Policy:

In the event an insurance claim is filed against the Village Association insurance policy, other than by the Village Association or the Board of Directors on the Association’s behalf, the total dollar amount of the claim minus the policy's deductible will be paid to the owner.

 

In the event an insurance claim is filed by the Village Association against the Village Association insurance policy, the Village Association Directors will decide, in their sole discretion, how the cost of the policy's deductible will be distributed among the parties involved in the subject claim. General guideline: if the claim was filed by the Village Association for damages caused by an event or occurrence outside of the owner's unit, the owner will be paid the full amount of the claim and the Village Association will absorb the cost of the insurance deductible.

 

In the case of a dispute, the Village Association Directors will decide, in their sole discretion, how the policy's deductible shall be distributed among the parties involved in the subject claim.

 

B. Owner Notification Policy:

 

Intent:

The owner notification policy stated below indicates if the owner does not respond to maintenance’s requests for entry to their unit, maintenance will enter the unit at the proposed date and time. This is a little disconcerting and raises concerns of abuse. As in most negotiations this policy needs to be acceptable to both parties.

 

From the owner’s perspective, this is insuring at least one attempt is made to contact the owner, versus in the past, no attempt was made to contact the owner. If the owner is renting the unit, the owner will be responsible for contacting the occupants. The policy does accommodate the owner providing specific written instructions as to how and when maintenance requests for entry are granted.

 

Property management is concerned that in many, if not most cases they are unable to contact the owner or the owner is not responsive to grant access. Ultimately delays in maintenance gaining access to unit’s results in additional contractor fees charged back to the Village Association.

 

Owner Notification Policy:

In the event maintenance needs to enter a privately owned unit in a non-emergence situation property management will perform at least one of the following actions:

 

1.      Whenever possible, property management will postal mail a memo to the affected owners at a minimum of two weeks prior to proposed entry date to the owner’s address as listed in the Village Condominium contact list.

 

2.      Property management will initiate a phone call at a minimum of 48 hours prior to proposed entry date or in a time critical need, as early as possible to the affected owner’s phone number(s) as listed in the Village Condominium contact list.

 

The above mentioned memo shall contain a minimum of the following information or if maintenance is unable to reach the owner directly by telephone, maintenance will leave a message on the owner’s telephone answer machine with a minimum of the following information:

 

  • Maintenance contact name and phone number
  • Why maintenance needs entry
  • Date and time maintenance needs to enter unit
  • Owner to advise maintenance contact if there is an issue with the proposed date and time

 

If maintenance does not receive a response from the owner, maintenance will enter the unit at the proposed date and time.

 

If maintenance is unable to reach the owner and no telephone answering machine is available, maintenance will make a best effort at continuing to contact the owner, and will enter the unit at the proposed date and time unless advised otherwise by the owner.

 

 If the owner is renting the unit, the owner will be responsible for contacting the tenants.

 

If needed, owner’s can provide specific written instructions to maintenance as to handling maintenance requests for granting entry to their units. Such as, contacting the occupants versus the owner or access to the unit is granted without prior approval by the owner or occupant.

 

Maintenance will always knock on the door first and allow a reasonable amount of time for the door to be answered before entering.

 

 

 

 

C. Village Billing Cycling and Delinquent Policy:

 

Description:

To accommodate the option of owners Association assessment fees being invoiced monthly or quarterly along with insuring delinquent fees are applied consistently and as fairly as possible the following policy was adopted by the Village Association on 10/23/04.

 

Owners paying Assoc fees monthly will be invoiced in arrears and owners paying quarterly be invoiced in advanced.

 

Concern:

Our current cash reserves cannot handle billing quarterly in arrears, where the Association pays bills for three months and then collects the funds from owner Association fees.

 

Snippet from bylaws:

 

Section 5.03 Collection of Assessments. The Executive Board, or the Managing Agent at the request of the Executive Board, shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty days from the due date for payment thereof. Any assessment, or installment thereof, not paid within five days after due shall accrue a late charge at the rate of 1.5% interest per month on the overdue assessment or installment. The Unit Owner shall also be liable for and pay to the Association all costs of collection, including but not limited to reasonable attorney's fees.  Any failure of the Executive Board or Managing Agent to collect such interest or penalty from any Unit Owner shall not be deemed a waiver of the right to collect such interest or penalty from other Unit Owners.  Thus, the Executive Board or Managing Agent may, in its, his or her sole discretion, waive collection of interest or penalties in instances where a Unit Owner is cooperative in making the overdue payment, and may, in its, his or their sole discretion choose not to waive such penalties or interest in other instances.

 

Monthly Billing:

Monthly charges would be in the arrears and delinquent 5 days after the due date on the invoice and the due date on the monthly invoice would be the end of the month (30 days) being billed.

 

Example:

Invoice for the month of October is mailed out end of September with a due date on the invoice of October 30th. The delinquent date would be five days after October 30th.

 

Quarterly Billing:

Quarterly charges be billed in advanced and the due date on the quarterly invoices be the end of the first month of the quarter being billed. However actual delinquent fees would not be applied until 5 days after the quarter being billed has transpired.

 

Example:

Invoice for the 4th quarter (April, May, June) is mailed out end of March with a due date on the invoice of April 30th. The delinquent date would be five days after June 30th.

 

In this way we are still encouraging owners billed quarterly to pay in advance, verses putting a due date on the invoice of the end of the quarter and not get ourselves in the legal bind of charging interest on delinquent accounts before the quarter being invoiced has transpired.

 

Special Assessments:

The Association may levy special assessments for the purpose of defraying the costs, in whole or in part, of any unexpected repair or replacement of a capital improvement upon the common elements.

 

The Special Assessment will be considered delinquent 5 days after the due date on the invoice and the due date on the Special Assessment invoice would be 30 days of the mailing date.

 

Example:

Special Assessment invoice is mailed out October 1st with a due date on the invoice of October 30th. The delinquent date would be five days after October 30th.