Collection of Unpaid Assessments and Other Sums Policies
- Due Dates. The annual installments of any assessment, as determined by the Association and as allowed for in the Declaration, are due and payable on the 1st day of January. Assessments or other charges not paid in full to the Association within 30 days of the due date are considered past due and delinquent. Assessments or other charges not paid in full to the Association within 30 days of the due date incur late fees as provided below.
- Late Charges on Delinquent Installments. Effective 8/10/2022, the Association is to impose a monthly $10 late charge for each Owner who fails to pay an assessment within 30 days of the due date.
- Return Check Charges. In addition to any and all charges imposed under the Declaration, a $20 fee or other amount deemed appropriate by the Board of Directors is to be assessed against an Owner in the event any check or other instrument attributable to or payable for the benefit of such Owner is not honored by the bank or is returned by the bank for any reason whatsoever, including but not limited to insufficient funds.
- Notice to Owner before Referral for Collection. If payment is not received within 60 days after the due date, the Association must send a notice to the Owner. The notice must inform the Owner:
- of the total amount due
- account for total due
- that a notice of assessment lien (in addition to the lien established by the Declaration and recognized by state statutes) may be recorded against the property of the Owner
- whether the opportunity to enter into a payment plan exists (as provided in this Collection Policy)
- how the Owner may contact the Association to enter into a payment plan (if a payment plan is available)
- of the name and contact information for the individual the Owner may contact to request a copy of the Owner’s ledger to verify the amount of the debt
- that a lien is in place on the Owner’s property, as provided under the Declaration and state law
- that payment is required to cure the delinquency
- that failure to pay within 30 days may result in the Owner’s delinquent account being turned over to the attorneys for the Association or collection agency
- that a lawsuit on the Owner’s promise to pay, a foreclosure of the Association’s lien, or both may be filed against the Owner
- that other remedies available under Colorado law may be sought by the Association
- Payment Plans.
- The Association will make a good faith effort to coordinate with the Owner to set up a payment plan
- An Owner may enter into a payment plan to pay off a deficiency in equal installments over a minimum period of six months or such longer period as authorized by the Board of Directors
- If the Owner fails to comply with the terms of the payment plan, the Association may pursue legal action
- The Association is not obligated to negotiate a payment plan with an Owner who has previously entered into a payment plan
- The Association is not obligated to enter a payment plan if the Owner does not occupy a Residence on a Parcel and has acquired the property as a result of a default of a security interest encumbering the Parcel or foreclosure of the Association’s lien
- No Prior Notice Required for Super Lien Payments from First Mortgagees.
- Lenders to Owners, particularly First Mortgagees, who are responsible for the so called “super lien” of the Association, are not entitled to any prior notice from the Association.
- Certificate of Status of Assessment.
- The Association is to furnish to an Owner or such Owner’s designee (upon written request, first class postage prepaid, return receipt), to the Association’s agent, a written statement setting forth the amount of unpaid assessments currently levied against such Owner’s property. The person or company proving that certificate may charge a fee not to exceed $200.00.
- Judicial Foreclosure.
- The Association may choose to foreclose on its lien in lieu of or in addition to suing an Owner for a money judgment. The purpose of foreclosing is to obtain payment of all assessments owing in situations where either a money judgment lawsuit has been or is likely to be unsuccessful or other circumstances favor such action. The Association will not commence a foreclosure action unless the balance of the assessments and charges secured by its lien (which may include late fees, fines and other charges) equals or exceeds a proration of six months of the annual assessment based on the Association’s periodic budget. Prior to filing a foreclosure lawsuit, the Board must resolve, by a recorded vote, to authorize the filing against the specific Parcel, on an individual basi
- The Association is authorized to extend the time for the filing of lawsuits and liens, or otherwise modify the procedures contained herein, as the Association may determine appropriate under the circumstances.
- Failure of the Association to comply with any provision in this Policy is not a defense to payment of assessment fees or other charges, late charges, return check charges, attorney fees and/or costs as described and imposed by this Policy.
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GRR POA DUES are $250 Per Lot
Plus a $5 convenience fee per lot.
After 2/28/22, a $50 late fee applies.
Plus after 3/31, $5.25 in interest applies; after 4/30, $5.34 in interest applies; after 5/31, $5.44 interest applies; and after 6/30, $5.53 interest applies; and a $10 convenience fee. ($250+$50+$5.25+$5.34+$5.44+$5.53+$10=$331.56)
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Ghost River Ranch
Property Owners' Association