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Policies



 

Bromley Park Homeowner Association

Collection Policy

Revised July 2014

BROMLEY PARK 

COLLECTION POLICY

 

WHEREAS, Article VI, Section 3, of the Bylaws grants the BOARD powers for the duties necessary to administer the affairs of the ASSOCIATION; and WHEREAS, for the benefit and protection of the ASSOCIATION and of the individual MEMBER, the BOARD deems it desirable to establish and operate a procedure to assure consistency in the collection processes within Bromley Park HOA.

NOW, THEREFORE BE IT RESOLVED THAT this resolution shall be adopted with the following·

Procedures:

1. The annual assessment is due on the first day of January each year. On the first day of each consecutive month a $25.00 late fee shall be added to any outstanding balance.

   2. Past due assessments procedures are as follows:/

a.  A "Notice of Delinquency" is sent after the assessment is past due. Additional notices may also be sent by the Association after the first and second months. Late notices are a courtesy and re not required. Failure of management to send a notice or of the lo 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.

 b.  A "Demand Letter" with the intent to lien shall be sent by the Association's legal counsel after 90days past due. A lien shall be placed on the account if the past due amount is not paid in full.

 c.  When the delinquent amount is not paid after 120 days, the Association may enforce collection of delinquent assessments by a suit of law for a money judgment or by foreclosure of the statutory lien that secures payment of assessments, or both.

 d.  The expenses incurred in collecting unpaid assessments, including interest, costs, actualattorney's fees (not limited to statutory fees) and advances for taxes or other liens paid by the Association to protect its lien, shall be chargeable to the Homeowner in default and shall be secured by the lien on the property.

3. Checks returned by the bank as "not collectible" shall be subject to charges outlined by currentbanking practices.

4. Installment payments of assessments in default shall be applied first, to any late charges on such installments; second, to costs of collection and enforcement of payment, including reasonable attorney's fees as the Association shall determine in its sole discretion and finally to installments in default in order of their due dates, earliest to latest.

5. Payment plans will not be allowed without prior Board approval. Decisions on payment plans will be determined on a case by case basis. Once approved, a signed agreement must be on file with the Association before it can be enforced.

6. The managing agent for the Association is acting as an agent of the Association only to collect regular assessment and is not a collection agency or debt collector.


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Bromley Park Homeowners Association

Implemented August 2014

 

BROMLEY PARK   FINE POLICY

 

The violation by any Homeowner, occupant or guest of any of the provisions of the Governing Documents (Declaration of Covenants, Bylaws, Policies or Rules and Regulations of the Association) shall be grounds for assessment by the Association acting through it’s duly constituted Board of Directors, of monetary fines against the involved Homeowner. Such Homeowner shall be deemed responsible for such violations whether they occur as a result of his/her personal actions or the actions of their family, guests, tenants or any other person admitted to the Association Premises through such Homeowner. Upon any such violation being alleged, the following procedures will be followed, Notice of the violation, including the Governing Document provision(s) violated, together with a description of the factual nature of the alleged offense set forth with such reasonable specificity as will place the Homeowner on notice as to the violation, shall be sent by First Class Mail, to the representative of said Homeowner at the address as shown in the notice required to be filed with the Association. The offending Homeowner shall benotified of a scheduled hearing before the Board at which the Homeowner may offer evidence in defense of the alleged violation. The appearance, (attendance or written statement) before the Board shall be at its next scheduled meeting, but in no event shall the Homeowner be required to appear less than seven (7) days from the date of the notice. Failure to respond to the notice of violation or appear at the hearing constitutes a default. Upon appearance by the Homeowner before the Board and presentation of evidence of defense, or, in the event of the Homeowner'sdefault, the Board shall by majority vote of a quorum of the Board, decide whether a violation has occurred and allow time to cure the offense. The Board's decision is final. Following the hearing, the offending Homeowner will receive written notice sent by First Class Mail informing them of the Board's decision, any fines levied, the due date of the fines, the date the violation must be cured as well as any other actions deemed necessary to enforce compliance with the Documents. The notice will also include future actions that will be taken by the Board should the violation continue.

SCHEDULE OF FINES

Upon violation of any of the provisions of the Governing Documents and after default of the offending Homeowner orupon the decision of the Board as recited above, the following

fines shall be levied:

First Violation: No fine shall be levied.

Second Violation: A fine of $25.00 shall be levied.

Third Violation: A fine of $50.00 shall be levied.

Fourth Violation and Each Subsequent Violation: A fine of 100.00 shall be levied.

 

The Board of Directors, without the necessity of an amendment to the Bromley Park Bylaws, may establish said fines or adopt alternative policies in accordance with Article VI, Section 3 of the Bromley Park Bylaws. For purposes of this Policy, the number of the violation (ie first, second etc.) is determined with respect to the number of times that a Homeowner violates the same provision(s) of the Governing Documents, as long as that Homeowner is a member of the Association, and is not based upon time or violations of entirely different provisions. In the caseof continuing violations, a new violation will be deemed to occur at the discretion of the Board for which a violationcontinues. Nothing in this Article shall be construed as to prevent the Association from pursuing any other remedy under the Governing Documents for such violations, or from combining a fine with any other remedy or requirement to redress any violation.

COLLECTION OF FINES

The fines levied pursuant to the above stated rules and regulations shall be assessed against the Homeowner and shall be due and payable thirty (30) days from the date the Homeowner receives notice of the fine. Failure to pay the fine will subject the Homeowner to all liabilities set forth in the Governing Documents. All unpaid amounts shallconstitute a lien on the Homeowner's property, enforceable as set forth in Article 5, Section 5.5 of the Bromley Park Homeowner Association Declaration.



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BROMLEY PARK  LEASING POLICY


WHEREAS, Article VI, Section 3, of the Bylaws grants the BOARD powers for the duties necessary to administer the affairs of the ASSOCIATION; and WHEREAS, for the benefit and protection of the ASSOCIATION and of the individual MEMBERS, the BOARD deems it desirable to establish and operate a procedure to assure consistency in the leasing processes within Bromley Park HOA. NOW, THEREFORE BE IT RESOLVED THAT this resolution shall be adopted with the following procedures:


1. Homeowners leasing their units shall inform the Association in writing and must provide a completed Tenant Profile form along with the terms of the leasing arrangements. Owners must update this information with Association annually or as tenant occupancy changes.


2. Tenants or Non-owner occupants shall comply with all of the conditions of the Association's documents and Rules and Regulations and all leases and rental agreements shall so state.


3. Owners shall provide copies of the Association's Documents and Rules and Regulations to their tenants.


4. Owners are responsible for the non-complying acts of their tenant(s) per the governing documents. Failure of the tenant(s) to comply with the Association's Documents and Rules & Regulations may result in violations and possible fines which are assessed against the owner of the home.


5. The Association shall have the right to request a copy of the signed lease agreement should it be necessary in resolving violation issues.


6. If the Association determines that the tenant or Non Co-owner occupant has failed to comply with the conditions of the governing Documents, the Association shall take the following actions:


             a. The Association shall notify the Owner by mail advising of the alleged violation by tenant.


b. The Owner shall have fifteen (15) days after receipt of such notice to investigate and correct     the alleged breach by the tenant or advise the Association that a violation has not occurred.


c. If after fifteen (15) days the Association believes that the alleged breach is not cured or may be repeated, it shall levy fines in accordance with the Association's documents.


7. The Association may hold both the tenant and the Co-owner liable for any damages caused by the Owner or tenant in connection with the Association. The Owner shall be responsible for reimbursing the Association for all costs incurred in obtaining judicial enforcement of its rights, including actual attorney's fees.


8. Continued failure of the tenant(s) to comply with the Association's documents. The Association may seek legal action against the owner and/or tenant(s) to resolve the issue(s) .



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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 Websit



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                                                      BROMLEY PARK

                                            HOMEOWNERS ASSOCIATION
                                             STORAGE OF TRASH RECEPTACLES



WHEREAS, Article VI, Section 3, of the Bromley Park Amended and Restated Bylaws grants the BOARD powers for the duties necessary to administer the affairs of the  ASSOCIATION.

 

WHEREAS,  for the  benefit and  protection  of the ASSOCIATION  and  of the  individual  MEMBERS,  the BOARD deems it desirable to establish and operate a procedure to assure  consistency  and enforcement  of trash  receptacle  storage  within  Bromley  Park  Homeowners Association.

 

NOW, THEREFORE BE IT RESOLVED THAT to implement this resolution in a neighborly and orderly manner, the Association has adopted this policy to define the storage of trash receptacles as follows.

 

  1. Residents may set trash receptacles out for pick up the evening prior to pick up day, no earlier than 7:00pm.

       B.   Residents must return receptacles to appropriate storage container no later than 11:00pm the day of pick up.  Residents are responsible for arranging to have receptacle returned to appropriate storage container should they not be returning to the community on pick up day.

 

      C.  Residents must have all trash within a receptacle at all times, unless using the bag and tie program with the township.


      D.  The preferred method for storing your trash is within each resident's garage. However, the board will allow residents  to purchase a trash bin storage container as an alternative storing location.   The homeowner is responsible for the purchase, installation, maintenance, and replacement of    the container.  

     

      E.  Homeowners must submit a modification request to the Board of Directors for review and prior approval to installing the trash bin storage container. Residents must adhere to the following conditions subject to an approved modification response.

 

    1. The storage container must be on brick, concrete pavers, or existing concrete    pad.

    2. The storage container must be located on the side or the back of the    house only.

    3. The storage container must be of appropriate size and color, such as model numbers BMS4700 and BMS5700 from Home Depot, to be approved by board as part of the modification approval.

    4. The doors need to be latched at all times when not in use, and the container needs to be maintained by the owner at all times.

 

The BOARD, if necessary, reserves the right to:

 

                                 a.  Notify homeowners at any time should they be in violation of the guidelines mentioned herein.


                                 b.  Fine any homeowner in violation of this resolution.


                                 c.  Update resolution community's any time needs at to meet the communitys needs.

 



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