DELINQUENCIES & COLLECTIONS
Delinquencies / Collections
Nothing magical to state here. Pay your assessments, on time, every time. If your account should go into Collections, you are responsible for all collection related fees and charges, which are hefty, and which the Board has no power or authority to reduce or waive outside collection efforts. It truly is in your personal best interest to fulfill your obligation to avoid collection efforts.
The budget is predicated on all homeowners fulfilling their obligation to pay their full assessment share. So when a homeowner does not meet his or her obligation, there can be a negative impact on the community and budget. Even when a budget includes a line item, such as, bad debt/write off, each homeowner is contributing a portion of their assessment to cover problem situations.
Unfortunate, but a fact of life: Too many shortages may very well mean a future increase in assessments to cover operating costs of the association.
Assessments in General. The Association has a duty to levy regular and special assessments sufficient to perform its obligations under the governing documents and Nevada law. Regular assessments are levied annually and are payable during the year in installments.
Notice of Address Changes. It is the responsibility of each owner to advise the Association in writing of any mailing address changes.
The Board of Directors may elect from time to time to provide additional periodic statements of assessments and charges, but lack of such statements does not relieve the owners of the obligation to pay assessments promptly when they are due each month.
Good Faith Payment Agreement. Neither the Association nor its designated agent has any obligation to accept partial payments on an assessment account. A homeowner may request (in writing to the Board of Directors) a payment agreement to allow the owner to make periodic partial payments on the entire balance of the assessment account, in addition to the ongoing assessment payments, in amounts and on a payment schedule agreed to by the Board of Directors. The Association has no obligation to enter into such a payment agreement and the initiation and responsibility of such an agreement shall rest solely with the homeowner and shall in no way relieve the homeowner of any expenses/interest incurred or accruing.
Release of Lien. A release of lien will not be recorded until the entire balance of the owner’s account is paid. All charges incurred in recording a Release of Lien, including reasonable attorney’s fees, will be charged to the homeowner’s account.
Dishonored Checks. At any time that the Association or its designated agent receives a check dishonored by the bank for any reason, a Returned Item Charge shall be imposed by the Association on the homeowner’s account. The Board of Directors may immediately proceed with the collection process if the assessments are not paid within 10 days after notice of dishonored check is sent to the homeowner. The Association may also seek damages in accordance with Nevada Revised Statutes.
Please refer to the CCRs and full assessment collection policy for full disclosure.