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HOA Assessments, Fees & Fines: Woodridge

The following is the delinquency policy, fine policy, and schedules for fees and fines, as provided for in the Declaration of Covenants, Conditions and Restrictions of Woodridge Homeowners Association and RCW 64.38.020.

Assessment Amount Per Home (2019) $ 350.00 Annual
    29.17 Monthly
Due Date (2019)   01/01/2019 Paid in full
Grace Period   30
Assessment Late Fee $ 35.00 Monthly
Assessment Delinquent Interest   0.83% per month
Special Assessment Late Fee $ 25.00  
Special Assessment Delinquent Interest   0.83% per month
Collection Service Fee $ 25.00 per month
Returned Check Fee (each check) $ 25.00 Does not include any issuing bank fees.
Lien Filing Fee $ 330.00  
Legal Handling Fee $ 50.00  
Lien Release Fee $ 100.00  
Escrow Transfer Fee $ 75.00  

 

Fines

First Notice   none
Second Notice Fine $ 50.00
Third Notice Fine $ 100.00
Fourth Notice Fine $ $100, except Pet waste $200

 

 

RESOLUTION OF THE BOARD OF DIRECTORS OF
WOODRIDGE HOMEOWNERS ASSOCIATION
COLLECTION POLICY FOR DELINQUENT ASSESSMENTS

Woodridge Homeowners Association Collection Policy

Prompt payment of assessments by all owners is critical to the financial health of the Association and to the preservation and enhancement of the property values of our homes. Your Board of Directors takes very seriously its obligations under the Association’s governing documents and Washington State law to enforce the members’ obligations to pay assessments. The policies and practices in this Collection Policy shall remain in effect until the Board adopts an updated Collection Policy.

1. Payment of Assessments

Annual and special assessments, late fees, interest charges, and collection costs, including attorneys’ fees and management fees, are the personal obligation of the owner of the property at the time the assessment or other charge is due. It is the owner’s responsibility to pay each assessment in full regardless of whether a payment statement or payment coupon is received. There is no right of offset; an owner may not withhold assessments owed to the Association on the alleged grounds that the owner is entitled to recover money or damages from the Association for some other obligation.

2. Association Lien

Delinquent amounts automatically create a lien against the property even before a written lien is recorded. The Association has the right to record a lien against the property whenever the owner’s account is past due, and nothing in this Collection Policy shall limit or otherwise affect the Association’s right to record a lien against the property to protect and provide public notice of the Association’s interest in the property.

3. First Late Fee & Delinquent Letter

Annual dues are assessed against each property on the first (1st) of January each year and become due and payable immediately. All other assessments, including special assessments, are due on the date specified by the Board. An account becomes delinquent when the annual assessment is not paid in full by the 30th of January, and/or when a special assessment is not paid by its due date. A delinquent account will incur a late fee in the amount $35 on the date the account becomes delinquent. The Treasurer or Manager is authorized and directed to charge a late fee against any delinquent account on the date the account becomes delinquent.

The Treasurer or Manager is further directed to send a delinquency letter via First Class U.S. Mail on the last day of the first month that the account is delinquent, informing the property owner of the status of their account, the late charge, and the steps the Association will take if the owner does not immediately pay the full amount due. The letter must also contain the following statement: “Nonpayment of your dues may lead to a lawsuit to foreclose on the association’s lien against your property. The homestead exemption under Chapter 6.13 of the Revised Code of Washington will not apply in an action to foreclose on an Association lien.”

4. Second Late Fee & Delinquent Letter

If a property owner remains delinquent, the Treasurer or Manager is directed to charge another late fee on the last day of the second month that the account is delinquent. The Treasurer or Manager is also directed to send the property owner a second written notice of delinquency on the last day of the second month.

5. Third Late Fee & Delinquent Letter

If a property owner remains delinquent after the second letter, the Treasurer or Manager is directed to charge another late fee on the last day of the third month that the account is delinquent. The Treasurer or Manager is also directed to send the property owner a third written notice of delinquency on the last day of the third month. The third delinquent letter shall notify the property owner that: if the account is not paid in full in 10 days, it will be turned over to the Association’s attorney for collection; a lien will be recorded against the property; and the property owner will be liable for all fees and costs associated with collecting on a delinquent account. The Association may choose to refer the delinquent account to the Association’s attorney at any time, and failure to do so after the third notice of delinquency does not prevent the Association from referring the delinquent account to the Association’s attorney at a later date.

6. Ongoing Late Fees and Interest Charges

Regardless of whether the Association refers a delinquent account to its attorney for collection, every account with an outstanding balance shall be subject to a monthly late fee of $35. Interest at the rate of 10% per annum shall be collected on all outstanding balances, including but not limited to late charges and legal fees. Interest charges will be assessed from the original due date after the outstanding balance becomes due and will be assessed each month until the account is brought current. The Association may also assess against the delinquent unit any fees charged by its management company as a result of the owner’s delinquency. The Board retains the authority to waive this requirement in whole or in part.

7. Referral to Association Attorney

If an account remains delinquent for ten (10) days after the third written notice, the Treasurer or Manager is directed to refer the account to the Association’s attorney for collection. Additionally, the Treasurer or Manager is directed to consult with the Association’s attorney and turn over for legal action any account where the property owner has filed for bankruptcy, is the subject of a petition for relief under the bankruptcy code, or whose lender has started a foreclosure action against their property, or where any other legal action has started against the property. Once an account has been referred to the Association’s attorney for collection, the Treasurer or Manager is directed to cease sending delinquency notices and/or account statements to the delinquent owner, and is directed to send any such notices to the Association’s attorney instead.

8. Payment of Attorneys’ Fees

The Treasurer or Manager is directed to pay the Association's attorney the attorney's usual and customary charges for time incurred in connection with the attorney's representation of the Association, together with all costs incurred by the attorney, including but not limited to: fees and charges for filing, service of process, messenger service, court reporters, electronic or computer assisted legal research, photocopies, postage, long distance calls, investigator's services, and credit and title reports. Payment is due promptly upon receipt of the attorney's monthly invoice.

9. Assessment of Attorneys’ Fees and Collection Costs

The Association's attorney's minimum legal fee shall be assessed against each delinquent property owner’s account (including repeat collections) when the account is turned over to the Association's attorney for collection. All legal fees and costs, including amounts beyond the minimum legal fee, incurred in the collection of past due Assessments shall be assessed against the delinquent property owner’s account and shall be collectible as an Assessment, including but not limited to any fees paid to the Association’s management company as a result of the owner’s delinquency (pursuant to/as provided for in the governing documents).

10. Payment Plans & Other Agreements with Delinquent Owners

Once an account is placed with the Association’s attorney for collection, all contacts with the delinquent owner should be handled through the attorney. Any revisions of the amounts demanded of the property owner and/or any payment plans proposed by the delinquent owner should be handled through or immediately communicated to the attorney. The Board will consider payment plan requests on a case-by-case basis and with the advice of the Association’s attorney. The Board is under no obligation to grant payment plan requests. Payment plans shall not interfere with the Association’s ability to record a lien against the property.

11. Foreclosure

If an owner fails to respond to the Association’s attorney’s attempts to collect from the owner, the Board of Directors may decide to foreclose on the Association’s lien judicially or non-judicially. The owner could lose ownership of the property if a foreclosure is completed, and will be responsible for significant additional legal fees and costs if a foreclosure is started against the owner’s property.

12. Appointing a Receiver

If a foreclosure lawsuit has been filed, the Association may request that the Court appoint a Receiver to take possession of a property that is not occupied by the owner. The Receiver has the authority to refurbish and rent out the property on behalf of the Association.

13. Special Assessments

If a special assessment is payable in installments and an installment payment of that special assessment is delinquent for more than 15 days, all installments will be accelerated and the entire unpaid balance of the special assessment shall become immediately due and payable. The remaining balance shall be subject to late fees, interest charges, collection costs, and all other collection actions specified in this Collection Policy and the Association’s governing documents.

14. Payments Received from Delinquent Owner

All payments received may be applied to the oldest amounts due first, whether dues, interest, fees, or other costs. All payments collected from delinquent owners during the collection process shall be made out to the Association, but mailed or delivered to the attorney’s office so that the attorney can keep accurate, up-to-date records of the remaining amounts due. If the Treasurer or Manager receives a payment from a delinquent owner after the file has been referred to the Association’s attorney, the Treasurer or Manager is directed to provide a copy of the payment to the attorney before depositing it in the Association’s account. Only upon approval from the Association’s attorney should any payment be deposited. The Treasurer or Manager is directed to send an updated account ledger for the accounts in collection to the Association’s attorney once a month for the duration of the collection action.

15. Suspension of Voting Rights

If an Owner is delinquent in the payment of annual or special assessments for a period of 30 days or more, the Association may suspend that owner’s right to vote on Association matters. The owner’s right to vote shall remain suspended until all payments, together with interest, late fees, and attorneys’ fees and costs are brought current and all defaults remedied.

16. Additional Collection Action

Nothing in this Collection Policy limits or otherwise affects the Association’s right to proceed in any lawful manner to collect any delinquent amounts owed to the Association.

17. Effective Date

This policy was adopted by resolution of the Board of Directors on March 19, 2013 and has an effective date of April 1st, 2013.