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PREAMBLE
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In
1971 your Board of Directors first began to collect past due Dues and Assessments
as required by the Bylaws. By 1975 a policy had been established for collection
of such dues. Some figures have been modified from time to time to keep
them current with the costs of administration. This is a recitation of
that policy reflecting the current figures and dates that trigger action
and the action which each will set in motion.
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REFERENCES
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Part
4 of our Bylaws, which only the membership can change, is cited as the
Board's authority. Please read Bylaws 4.2.1.5., 4.2.3.5., 4.4.2.9.,
and all of Section 4.5.
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CHARGES
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Following
are the various charges a member may accrue. All are due and payable within
thirty (30) days and become delinquent thereafter.
1.
Annual Dues cover the period of January 1 to December 31 of each year and
are billed by January 1. The first half are due by January 31 and the second
half by June 30.
A
Carrying Charge for the second half of dues will be assessed monthly at
10% per annum.
2.
Special Assessments when voted in by the membership will be treated either
as set out herein for dues or according to the instructions contained in
the Special Assessment.
3.
Administrative Charges shall be assessed at $25 per quarter on any outstanding
balance assessed on April 1, July 1, October 1 and January 1:
4.
A $75 lien fee shall be assessed on those accounts with a balance still
owing on October 1. Liens will be cleared automatically upon receipt of
full payment of charges against a lot.
Additional
charges may accrue if an account is placed in the hands of our attorney.
See the section on Collection for specifics of transfer of an account to
our attorney. Upon receipt of the account, the attorney may assess interest
of 12% per annum compounded monthly on the total of each monthly balance.
Interest shall be calculated from 30 days past due and included in the
balance forwarded to the new dues year.
5.
Miscellaneous charges may occur from time to time and include such items
as contracted services between the member and the club such as the cost
of a water service installation. Other costs can be the result of
services rendered to abate a problem on the member's private property (4.4.2.9.),
for services actually supplied or rendered (4.5.2.1.), and from fines or
penalties. These charges are due and payable within 30 days following the
date of the invoice; become delinquent thereafter; and are subject to late
charges, lien charges, and collection costs as specified herein.
A lien shall be filed to cover the charges set out on the invoice 60 days
after the date of the invoice, if still unpaid.
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NOTIFICATION
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All
notifications will be sent to the owner of record at the address of record
as required by the Bylaws via regular mail (4.5.1.3.) or by certified mail
when deemed necessary.
(1)
Dues and Assessments statements will be mailed four times each year on
January 1, April 1, July 1, and October 1.
(2)
Each member will be notified by a letter informing the member that the
account has been transferred to our attorney for collection.
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COLLECTION
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Following
the filing of a lien on October 1, all lots having an overdue balance for
a period of two years, in either lot dues or service fees, will be forwarded
to our attorney for collection. Collection costs are added by the attorney
and are collected by him (4.5.1.4.) Collection actions by the attorney
will include demand for payment. Time payments can be negotiated between
the member and the attorney. Failure to obtain payment or payment arrangements
within the attorney’s time specifications will result in foreclosure proceedings
being automatically started by the attorney and carried forward to an early
conclusion. Foreclosure can result in the lot being sold by the Sheriff
to the highest bidder at an open auction.
Monies
due to the Club may be paid in installments as a member may choose but
all late charges and liens will be charged as indicated above. Members
can keep their accounts out of the hands of our attorney if arrangements
for payment have been approved by the Board prior to the date the Club
actually turns the account over to the attorney. Payment schedules agreed
to between the Board and a member must be met on time. Failure to make
the payments when promised will trigger nullification of the payment agreement
and the account will then be sent to the attorney. Notification will be
per paragraph (2) under Notification above.
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SPECIAL
ACTION
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A
lot owner who fails to pay his County Property Taxes for a period of three
years will trigger a foreclosure by the County Treasurer in the fall of
the third year. When this occurs, a lien will be immediately placed
on the property for the current dues year if unpaid. Lummi Island
Scenic Estates Community Club may elect to pay such property taxes and
acquire a tax lien against the lot to prevent foreclosure by the County.
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Effective
18 April 1993, revised 11 January 1998, 11 June 2000, and 13 January 2001,
16 June 2002.
Approved
by the Board of Directors in regular session on 18 April 1993, Moe Demers,
President.
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