Bromley Park Homeowners Association
Board Policy Statement
Collection of Delinquent Accounts
Whereas, the Board of Directors of Bromley Park Homeowners Association
is empowered to govern the affairs of the Association, and whereas, lot-owners are required to make
assessment payments to the Association, and whereas, it may be necessary to collect on delinquent accounts as
a result of non-payment of Association assessments,
Therefore, be it resolved that the policy for the collection of delinquent accounts
shall be as follows:
1. The annual assessment is due on the first
day of January each year. Any
balance remaining after the 31st
of January each year is delinquent and a late fee
of $25.00 shall be added to the account.
2. A late notice will be mailed to a
delinquent lot-owner showing the total balance
due including late fees and any collection
costs. A late notice is a courtesy and
is not required. Failure of management to send a notice or of the lot-owner to
receive the notice, shall not prevent further
collection action, or excuse the lot-
owner from payment of all delinquent assessments,
late fees and collection
charges.
3. When the delinquent balance of an
account remains unpaid through March 31
of the year of the assessment the Association
shall turn over the account to a
professional collection agency approved by
the Board of Directors.
4. When the delinquent balance of an
account has been outstanding for greater
than five (5) months the Association’s
legal counsel shall be directed to notify the
lot-owner that:
A. A lien may be recorded against the unit if the arrearage is
not paid within
thirty (30) days.
B. All collection costs will be added to the member’s account.
C. A money-judgment lawsuit may be instituted
against the owner of record if the
arrearage is not paid within thirty (30) days.
5. If thirty (30) days after the above
notice is sent, the balance is not paid; the
Association’s legal counsel may record
a lien against the lot-owner’s unit and so
notify the lot-owner.
6. If the account has not been paid in
full within 10 days of filing the lien, the
Board may then authorize the Association’s
legal counsel to commence a suit at
law against the delinquent lot-owner for all
sums due to the Association including,
but not limited to, late charges, assessments
due, legal costs and legal fees
incurred by the Association to collect the
delinquency, or to foreclose upon the
Association’s lien against the unit,
whichever course is deemed more beneficial to
the Association.
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Bromley Park Homeowners Association
Dead Trees and Lot Maintenance Issues
June 11, 2007
The Board
of Directors has received many inquiries concerning the trees that were installed on lots by the Developer… particularly
on the strip of ground between the sidewalks and the street gutters (warranties are expired).
The Board
of Directors looks to the Association documents… the Declaration of Covenants, Conditions and Restrictions as well as
the Association Bylaws for guidance on matters concerning the expenditure of Association funds.
The Declaration,
page 16 Article 6, Section 6.13 and 6.14 seems to speak to the issue of maintenance of Side Strips and of Tree Removal
as follows:
6.13 Maintenance of Side Strips “Owners of Lots shall be
responsible for the maintenance of parkways or public rights-of-way located between the Owner’s Lot
line and the edge of adjacent street pavement.”
And
6.14 Tree Removal …“Each Lot Owner is responsible for
maintaining and preserving all large trees on the Owner’s Lot, including welling trees,
if necessary.”
The Board
has concluded that the Association Documents fix the responsibility for removal and/or replacement of the trees between the
sidewalk and the street, upon each individual homeowner just as it places the responsibility for maintaining the grass in
front of each home upon the individual homeowner. We are a homeowner’s
association and not a condominium with common ground all around our homes.
The Association
must adhere to the Association Documents in order to defend decisions when individuals make issues. When the Board spends Association funds, it is actually requiring each member to equally share in the expenditure
through the assessment mechanism. The Association should not spend its member’s
funds on items that are the responsibility and which benefit only one or a small group of homeowners but rather on items that
are the responsibility of the Association and on items that all homeowners reasonably will be expected to derive benefit.
The Board
encourages everyone to be responsible. If a tree is dead on your property or
the property that you are individually responsible for, then you should take the individual initiative to remove the dead
tree. If you wish to replace the tree, then it is up to you to do so. Remember that the Architectural Control Committee is charged with the responsibility to enforce architectural
control to assure that any changes are consistent with Community sensibilities and is appropriate for our Community. If you intend to replace a dead tree, please complete a Modification Request Form,
available on the Website.
