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Resolution - Fee (Tenant)
AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.WHEREAS, Article VI, Section 1 of the By-Laws provides the Aquia Harbour Property Owners Association, Inc. (Association) Board of Directors (Board) with the powers and duties to manage the affairs of the Association; and
POLICY RESOLUTION NO. 08-02
(Concerning Initiation Fees)
WHEREAS, Article XX, Section 2(a) of the By-Laws empowers the Association to charge each of its members an Initiation Fee in an amount determined by the Board of Directors; and
WHEREAS, Article XX, Section 4 of the By-Laws provides the Association with the authority to charge an Initiation Fee to a Lot Owner’s dues account whenever said Lot Owner leases his or her Lot within the Harbour to a third party, provided that no more than one Initiation Fee may be charged to said Lot Owner per any one calendar year; and
WHEREAS, the Board has determined that it is in the best interest of the Association to clarify its processes and procedures regarding the imposition of its Initiation Fees to Lot Owners’ dues accounts which result from the leasing of Lots.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following:
I. IMPOSITION OF TENANT INITIATION FEE
Whenever the Association, Appointed Committee, or Board of Directors, has determined in its sole discretion, that a Lot Owner is leasing his or her Lot, or a portion thereof, to a third party and said Lot Owner is not residing at the Lot, the Initiation Fee in effect at that time and set by the Board of Directors, shall be levied against said Lot Owner and his or her Lot, provided that no other Initiation Fee has been levied against said Lot Owner and his or her Lot during the preceding twelve (12) months. The Initiation Fee imposed under these circumstances shall be referred to as a “Tenant Initiation Fee”.
If the Association has already charged an Initiation Fee, Tenant or otherwise, to the Lot Owner’s dues account within the preceding twelve (12) months, the Association reserves the right to levy the Tenant Initiation fee to the Lot Owners account on the first day of the month following expiration of the twelve month period since the last tenant initiation fee was charged to the lot owner. Imposition of the initiation fee in these situations must be approved by the Board in advance.
The Association shall inform the Lot Owner of the imposition of the Tenant Initiation Fee in writing, via first class mail, at their address maintained within the Association’s records and request payment thereof, within thirty (30) days of the date of the notice. The Tenant Initiation Fee shall be collected as all other Initiation Fees, charges or dues, in accordance with the Association’s By-Laws.
No Lot Owner or Tenant of a Lot Owner within the Harbour may use or enjoy the amenities or services provided by the Association, if the Tenant Initiation Fee, and all other dues and/or charges on the Lot Owner’s dues account, are delinquent.
II. CONTESTING THE TENANT INITIATION FEE
A Lot Owner may submit a written claim and present evidence to the Association that he or she is not leasing his or her Lot, or a portion thereof. However, the Associations hall determine in its sole discretion, whether the Lot Owner’s Lot or a portion thereof is being or has been leased and whether the imposition of the Tenant Initiation Fee is proper.
The provisions of this Resolution supersede any conflicting provisions of the Association’s governing documents, including any Rules and Regulations currently in existence.
This amended Resolution will apply to any and all Members who lease their Lots or a portion thereof, on or after the effective date of this Resolution which shall be September 25, 2013.
This amended Resolution shall not apply retroactively to any Members who leased their Lots or a portion thereof, prior to the effective date of this Resolution.