HEMLOCK FARMS COMMUNITY ASSOCIATION

 

A Private Residential Recreational Community

 

PAYMENT GUIDELINES

Revised November 2004

 

 

1.      Annual dues are payable in full no later than March 1 of each year, as per Bylaws Section 6.3-C, or by means of a Dues Payment Installment Plan ratified no later than March 1 of each year.   Payments must be received in the Association office by the due date.

 

2.      When a check representing any payment due is returned unpaid by the bank, the member shall pay a $20 charge to the Association.

 

3.      Simple interest at an annual rate of 15%, calculated on a monthly basis from the due date, shall be added to all member accounts past due, including all current year dues balances outstanding after March 1, as per Bylaws Section 6.3-C.

 

4.      In addition to interest charges, the following procedures shall apply to members who have past due balances:

 

March:  a reminder letter.

 

May:  a second letter to advise that the Association is authorized to begin collection proceedings if payment is not received by June 30, and to advise that such action shall include but not be limited to the filing of liens and seizure and sale for the purpose of collecting said delinquent dues, accumulated interest charges, administrative fees and reasonable attorney’s fees, as authorized by Section 6.3-C of the Bylaws, and deactivation of the member’s gate entry card.

 

July:  The member’s gate entry bar code is deactivated.   A $50 administrative charge is billed.  A CERTIFIED letter is mailed requesting payment in full within thirty (30) days from the date of the letter, and stating that if full payment is not received, the Association will file without further notice all necessary documents to place a lien on the property, and will file for the sale of the property by the Sheriff of Pike County to satisfy all outstanding debts to the Association.  

 

Upon obtaining a lien on the member’s property a final CERTIFIED letter will be mailed demanding full payment of all dues, interest and fees within thirty (30) days from the date of the letter, otherwise the Sheriff of Pike County will proceed with the sale of the property to satisfy all liens.

 

 

DUES PAYMENT INSTALLMENT PLAN

 

1.      All prior year balances must be paid in full before members may apply for an installment plan.

 

2.      Installment plans must be requested in writing, giving owner name(s), mailing address and Stage/Block/Lot number or Hemlock Farms street address.  

 

3.      A $25 administrative fee must accompany requests for installment plans.

 

4.      A written installment plan will be handed or mailed to the member for signature.  It must be returned to the Community Manager for ratification no later than March 1 of each year.

 

5.      25% of the annual dues must be paid no later than March 1, and mailbox billing  (if any) must be paid in full, before the installment plan can be ratified.

 

6.      After the initial payment above, payments will be made in equal monthly installments, including simple interest at prime rate (as printed in the Wall Street Journal for the first business day of each calendar year) plus 1%. Payments are due no later than the last day of each month March through November.   Members may prepay at any time.

 

7.      Code Chapter 85, Article IV, 85-7: Members are in good standing and will lose NO membership privileges if they comply with the terms of an installment plan and have no past due balances on their account, including but not limited to dues, water charges and other assessments. 

 

8.      After March 1, no installment plans will be ratified, and collection procedures

shall be applied as listed under the Payment Guidelines heading.

 

9.      The following procedures shall apply to members who fail to make timely payments on an installment plan:

Late payment: $25 administrative charge for any installment payment not received by due date.

Installment plan will be null and void if two payments are missed.   At that time a letter will be mailed demanding payment of the total balance within 30 days, including interest to date and administrative charges, otherwise the Association will file without further notice all necessary documents to place a lien on the member’s property.  

The member’s gate entry bar code is deactivated.

 

Excerpt from the

BYLAWS

SECTION 6.3

 

 

C.  The Manager shall prepare and mail dues notices to the entire membership no later than January 31 of each year.  Said notices shall indicate the lot, block and stage number, the member's name and permanent address and the amount due for the fiscal year in question and all unpaid prior balances.  All such amounts shall become due and payable in full no later than March 1 of each year, except as otherwise provided for by the Board.  Simple interest at the maximum allowable rate from the due date, calculated on a monthly basis, shall be added to the amount due the Association for all payments received after March 1.  Payments not received by June 30 of each year shall be subject to collection proceedings, including but not limited to the filing of liens and seizure and sale for the purpose of collecting said delinquent dues, accumulated interest charges and reasonable collection fees and costs, including reasonable attorney’s fees.  [Amended 10-12-85]

 

D.  The Manager, with the consent of the Treasurer and Finance Committee, may enter into reasonable arrangements for the payment of an individual member’s dues, fees and assessments, provided that such arrangements do not extend beyond the fiscal year in question and further provided that said member is fully paid up for prior years.  The Manager shall provide a written report on all such actions taken at the next regularly scheduled meeting of the Board.

 

Excerpt from the

BYLAWS

SECTION 2.5

 

DISCIPLINARY MEASURES

 

 

 

B.   The rights conferred by Section 2.3:

(C) The use of such facilities as the Association may establish for the convenience of its members,

(D)  The use of such facilities as the Association may establish for recreational purposes,

(E)  The right to petition and vote with respect to all matters that may be referred to the vote of the members by law or by these Bylaws,

shall be revoked automatically if the member (1) is in default of any monetary obligation owed to the Association or (2) is otherwise in default of any other provisions of Association legal documents and has been given 10 days written notice of non-monetary default.  The member’s rights shall be restored after all defaults have been cured as determined by the Board of Directors.