Mar Cheri Community Club Policy on Delinquent Assessments
August, 2016
Annual assessments are due on April 1 of each year. The annual assessment may be paid in two installments, with payments due on April 1st and July 1st. If a homeowner elects to pay in installments, an additional administrative fee will be assessed. Assessment payments will be applied to the oldest assessment first and progress toward the most recent assessment.
Assessments are delinquent when payment has not been received by the due date. A 15 day grace period is provided for receipt of payment after which the property will be assessed a one-time late charge of $50.00.
Assessments may include, but are not limited to, the annual (regular) assessment, special assessments, late charges, interest, fees, fines, attorney fees, collection costs and court costs. All costs related to a delinquent account will be assessed to the property and paid by the owner. The Covenants establish that an assessment is a continuing lien upon the property and a personal obligation of the owner.
The annual assessment is determined by the Board of Directors as part of the annual budget. The annual budget is ratified, or vetoed, by homeowners at the annual meeting. If the members veto the budget then the prior budget, including the annual assessment, remains in effect until a new budget is approved.
Statements may be provided by mail or e-mail as a reminder to homeowners of the amount and due date of assessments. Nevertheless, it is the responsibility of the homeowner to remember to pay by the due date even if a statement is not received. An owner may request consideration by the Board of Directors to defer payment due to extenuating circumstances.
If a check is returned the account immediately becomes delinquent plus there is a charge of $40.00 for the returned check. Returned checks will be handled in accordance with RCW §62A.3-515, RCW §62A.3-520, and RCW §62A.3-522.
If an account is delinquent over 90 days, the homeowner will be provided a warning that a Claim of Lien will be recorded on the property if payment is not received within 45 days.
If an account is delinquent over 180 days, a Claim of Lien will be filed with the King County Clerk. The lien amount will include filing charges for both the Claim of Lien, a subsequent Release of Lien, the cost of mailing the recorded lien form to the homeowner by certified mail, and any other costs that may be incurred in this process.
If an account is delinquent for more than one year or in arrears over $1,000, a suit will be filed in small claims court and/or the matter will be referred to an attorney for collection.
The Association will make a good faith effort to resolve disputes first with the Owner. If resolution is not reached the Association stands ready to invoke any and all legal remedies. The parties are herein forewarned that if court proceedings are necessary to resolve a dispute, the court may award to the prevailing party reasonable collection costs, attorney fees, and other costs.