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Resolution - Assessment Collection Procedures - Historical

Applied By Office: Dec 13, 2018 at 5:26 PM

Resolution - Assessment Collection Procedures
Old VersionNew Version
1ASSESSMENT COLLECTION PROCEDURES 1ASSESSMENT COLLECTION PROCEDURES 
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3Supersedes Resolution 15-01 3Supersedes Resolution 18-07
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5[B]WHEREAS[/B], the Aquia Harbour Property Owners Association, Inc. (the “Association”) is an incorporated, non-stock corporation organized and operating in accordance with the Virginia Nonstock Corporation Act (“Nonstock Act”), the Articles of Incorporation of Aquia Harbour Property Owners Association, Inc. (the “Articles of Incorporation”), the Subdivided Land Sales Act of 1978, Va Code §55-344 (the “Subdivided Act”), the Aquia Harbour Property Owners Association, Inc. Restrictions and Covenants (the “Restrictions and Covenants”); the Declaration of Restrictions of Aquia Harbour Property Owners Association, Inc.(“Declaration”) and pursuant to the Bylaws of Aquia Harbour Property Owners Association, Inc.; 5[B]WHEREAS[/B], the Aquia Harbour Property Owners Association, Inc. (the “Association”) is an incorporated, non-stock corporation organized and operating in accordance with the Virginia Nonstock Corporation Act (“Nonstock Act”), the Articles of Incorporation of Aquia Harbour Property Owners Association, Inc. (the “Articles of Incorporation”), the Subdivided Land Sales Act of 1978, Va Code §55-344 (the “Subdivided Act”), the Aquia Harbour Property Owners Association, Inc. Restrictions and Covenants (the “Restrictions and Covenants”); the Declaration of Restrictions of Aquia Harbour Property Owners Association, Inc.(“Declaration”) and pursuant to the Bylaws of Aquia Harbour Property Owners Association, Inc.; 
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7[B] WHEREAS[/B], Section 13.1-853 of the Nonstock Act provides that the Association’s Board of Directors (the “Board”) shall have all the powers necessary to conduct the business and affairs of the Association; 7[B]WHEREAS[/B], Section 13.1-853 of the Nonstock Act provides that the Association’s Board of Directors (the “Board”) shall have all the powers necessary to conduct the business and affairs of the Association;
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9[B]WHEREAS, [/B]Article B(1) of the Articles of Incorporation state that the purpose of the Association is in part to “…provide rules and requirements for such membership and to provide rules and regulations for the maintenance, upkeep and enhancement of each owner’s property”; 9[B]WHEREAS, [/B]Article B(1) of the Articles of Incorporation state that the purpose of the Association is in part to “…provide rules and requirements for such membership and to provide rules and regulations for the maintenance, upkeep and enhancement of each owner’s property”; 
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15[B]WHEREAS[/B], Article 7 of the Restrictions and Covenants and Article XX, of the Bylaws specifies the charges that are to be paid by the beneficial or record owner of each Lot in the Association; 15[B]WHEREAS[/B], Article 7 of the Restrictions and Covenants and Article XX, of the Bylaws specifies the charges that are to be paid by the beneficial or record owner of each Lot in the Association; 
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17[B]WHEREAS[/B], Article XX, Section 7 of the Bylaws provides the Associations remedies for the nonpayment of assessments, including placing of a lien of record against the Lot and to collect the costs incurred by the Association in the enforcement of the lien; and 17[B]WHEREAS[/B], Article XX, Section 7 of the Bylaws provides the Associations remedies for the nonpayment of assessments, including placing of a lien of record against the Lot and to collect the costs incurred by the Association in the enforcement of the lien; and 
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19[B]WHEREAS[/B], the Board has determined that there is a need to establish policies and procedures for the collection of assessments; 20[B]WHEREAS[/B], the Board has determined that there is a need to establish policies and procedures for the collection of assessments; 
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47H. [B][U]Further Legal Action[/U][/B]. If an account remains delinquent after the initiation of legal action (for example, after filing of a lien or civil suit), the Association’s legal counsel is authorized to take other appropriate legal action to collect the amounts due, except as provided in Paragraph I below or unless directed otherwise by the Board. Once a judgment is entered against a Lot Owner, further legal actions may include, without limitation, garnishment of wages, rent and/or bank accounts, and the attachment of vehicles or other assets. 48H. [B][U]Further Legal Action[/U][/B]. If an account remains delinquent after the initiation of legal action (for example, after filing of a lien or civil suit), the Association’s legal counsel is authorized to take other appropriate legal action to collect the amounts due, except as provided in Paragraph I below or unless directed otherwise by the Board. Once a judgment is entered against a Lot Owner, further legal actions may include, without limitation, garnishment of wages, rent and/or bank accounts, and the attachment of vehicles or other assets. 
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49I. [B][U]Waivers[/U][/B]. The Board may, in its sole discretion, grant a waiver of any provision herein (except filing of Memoranda of Lien beyond the statutory deadline) upon written request by a Lot Owner alleging a significant personal hardship or as otherwise determined to be in the best interests of the Association. Any such relief granted to a Lot Owner shall be appropriately documented in the Association’s files with the conditions of the relief, if any. The Board may designate the Association’s General Manager, the President or other officer or the Association’s legal counsel as having the authority to grant waivers or payment plans on behalf of the Association between Board meetings, subject to any Board-established guidelines. If a payment plan request is granted for delinquent amounts, a condition of the payment plan may require, among other things, that the delinquent amounts be secured by a recorded Memorandum of Lien and/or by a Promissory Note. 49I. [B][U]Waivers[/U][/B]. The Board may, in its sole discretion, grant a waiver of any provision herein (except filing of Memoranda of Lien beyond the statutory deadline) upon written request by a Lot Owner alleging a significant personal hardship or as otherwise determined to be in the best interests of the Association. Any such relief granted to a Lot Owner shall be appropriately documented in the Association’s files with the conditions of the relief, if any. The Board may designate the Association’s General Manager, the President or other officer or the Association’s legal counsel as having the authority to grant waivers or payment plans on behalf of the Association between Board meetings, subject to any Board-established guidelines. If a payment plan request is granted for delinquent amounts, a condition of the payment plan may require, among other things, that the delinquent amounts be secured by a recorded Memorandum of Lien and/or by a Promissory Note and, if applicable, that current dues, as they become due, are paid via the AHPOA administered automatic debit (ACH) system.
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51J. [B][U]Waiver[/U][/B]. The Association is authorized to waive the imposition of late fees if the delinquent Lot Owner had owned the Lot for three or fewer months at the time of the delinquency and, in the judgment of the Association, the delinquency was the result of a misunderstanding of the correct procedures for paying the assessment. This type of waiver may be granted only once to any Lot Owner. 52J. [B][U]Waiver[/U][/B]. The Association is authorized to waive the imposition of late fees if the delinquent Lot Owner had owned the Lot for three or fewer months at the time of the delinquency and, in the judgment of the Association, the delinquency was the result of a misunderstanding of the correct procedures for paying the assessment. This type of waiver may be granted only once to any Lot Owner. 
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63The remedies stated herein shall not constitute an election of remedies and all remedies shall be deemed cumulative.  64The remedies stated herein shall not constitute an election of remedies and all remedies shall be deemed cumulative.  
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65Adopted by the Aquia Harbour Board of Directors at a regular meeting on December 5, 2018. 65Adopted by the Aquia Harbour Board of Directors at a regular meeting on April 24, 2019.