.
|
Dues,
Assessments and Other Charges
|
| 4.2.1.5. |
No
owner or purchaser's membership may be canceled, forfeited of, disposed
of, nor may any member withdraw, cancel, or transfer his membership except
upon transfer of title to the real property to which his membership is
appurtenant, as elsewhere herein provided. The Board of Directors
may levy fines, assess charges, suspend memberships, deprive members of
privileges and services provided by the Community Club, or exercise any
other reasonable restriction, penalty, or admonishment for the violation
of any of these Bylaws or the duly adopted and published Rules and Regulations.
Memberships may be suspended and the member deprived of the privileges
and services provided by the Community Club, only by the Board of Directors,
for non-payment of dues or assessed charges, or any other violation of
these Bylaws or the duly adopted and published Rules and Regulations, or
for any activity which is in violation of the laws of the Federal, State
or Local Governments and which the Board of Directors believes to be detrimental
to the Community Club. The annual dues may not be suspended for any reason.
The Board of Directors shall levy late charges and/or charge interest at
the rate of 12% per annum compounded monthly beginning 30 days after each
assessment or charge is levied on all accounts due the Community Club. |
| 4.2.3.5. |
Each
member, owner or purchaser shall keep the Treasurer informed of his correct
mailing address. Notices for meetings, dues, and other Club business
shall be deemed properly sent when mailed to the last address of record. |
| 4.5.1.1. |
The
members of the Community Club shall be liable for the payment of such annual
dues as may from time to time be fixed and levied by the Board of Directors
pursuant to the Articles of Incorporation and these Bylaws and subject
to the provisions of said Articles and Bylaws. The initial membership
fees, and all subsequent maximum annual dues levied upon a member shall
not exceed in any one year the sum of $300 per lot as originally platted,
annually adjusted (up or down) in accordance with the Consumer Price index
(CPI) as published by the United States Department of Commerce for all
Urban Consumers in the Seattle-Tacoma-Bremerton Area as registered for
the September-October period each year (base year established as
1992); and shall not be increased unless authorized by the majority vote
of the membership present at any meeting of the Community Club, but such
annual dues may be decreased or increased within the aforesaid limit by
the Board of Directors. If a special meeting is called for the purpose
of raising the annual dues, such notice must set forth the fact that the
annual dues will be the subject of a vote. |
| 4.2.1.2. |
Dues
against members or the land owned or being purchased by them shall be levied
by the Board of Directors on an equitable basis without distinction or
preference of any kind, except that in cases where a member uses two (2)
or more contiguous lots as a single building site, dues (only) may be levied
at the Board's discretion on only one lot. This exception may be granted
only if the use is within the Board's published guidelines (Section 6)
and after the dwelling is completed. All dues, when collected by
the Community Club, shall remain the property of the members until such
time as they are expended pursuant to the Articles of Incorporation and
Bylaws of the Community Club. All dues, assessments, interest, fines,
penalties and other payments due the Community Club shall be payable in
U.S. funds or their equivalent. |
| 4.5.1.3. |
Dues
shall be levied for a one-year period commencing 1 January ending on 31
December. All dues shall be due and payable on 1 January and become
delinquent on 1 February thereafter drawing a late charge and/or interest
at the rate of 12% per annum compounded monthly and each member is herewith
so notified regardless of the mailing of a dues notice or notices of interest
charges. |
| 4.5.1.4. |
From
time to time, as and when any such dues, assessments, charges, interest,
fines, or penalties are levied, each member with respect to the land or
interests therein to which his membership is appurtenant shall pay the
amount of such dues, assessments, charges, interest, fines or penalties
against the same to the Community Club, at its office within thirty days
after the mailing of the notice of such dues, assessments, charges, interest,
fines or penalties to the members. The amount of such dues, assessments,
charges, interest, fines or penalties, together with all expenses, attorney
fees and costs reasonably incurred in enforcing the same, shall be paid
by the member and shall be a lien upon said land and the membership appurtenant
thereto, superior to any and all other liens created or permitted by the
owner of such land and enforceable by foreclosure proceedings in the manner
provided by law for foreclosure of mortgages upon land; provided, that
no proceedings for the foreclosure of any said liens, as provided in Section
4.5., shall be commenced except upon the expiration of four months from
and after the date of mailing of said notice of dues, assessments, charges,
interest, fines or penalties. |
| 4.5.2.1. |
At
any meeting of the membership a majority of the members present may vote
special assessments to finance any improvement project, emergency repair,
general upkeep, or other desired expenditure. The purpose of an assessment
must be clearly stated, be for one single purpose, carry an exact cost
limitation, list the proportionate maximum cost to each lot, state the
duration the assessment is to run, give the date the assessment becomes
due and payable, and set forth any limitations or other instructions to
govern the expenditure of the funds so authorized to be collected and disbursed.
All assessments voted by the membership under this section are to be levied
in addition to the annual dues as set forth in 4.5.1.1. If a special
meeting is called for the purpose of voting a special assessment, such
notice must set forth the fact that an assessment will be the subject of
a vote. In addition to annual dues and/or assessments levied against
all lots, the Board of Directors shall have the power to levy charges against
any lot or lots for services actually supplied or rendered, including water.
|
| 5.4.3.1. |
Water
may be shut off on any lot upon which the club dues and assessments are
overdue. The cost of disconnection and reconnection shall be billed
to the lot owner's account which must be paid in full before water will
be reconnected. Dues will be considered overdue on 1 February for
the purposes of this paragraph.
|
| DUES
AND ASSESSMENTS (from LISECC Policy #1 – Part 7)
Preamble:
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.
References:
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.
Charges:
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.
(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.
Late
Charges shall be assessed as follows:
April
1 $5 per month for the first three months past due (invoiced quarterly).
May
1 $50 administrative fee for all delinquent accounts.
August
1 $50 additional administrative fee for all delinquent accounts.
AND
$75
lien fee will be charged additionally for those accounts with a balance
still owing and for which no other lien has been filed. Liens will be cleared
automatically upon receipt of full payment of charges against a lot.
November
1 $50 additional administrative fee for all delinquent accounts.
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.
(4)
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.
(5)
The balance forward from one dues year to the next can include: previous
balance forward; dues; special assessments; miscellaneous charges; late
charges; lien charges; and other charges which the member may incur during
the dues year.
Notification:
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.
Collection:
Following
the filing of a lien on August 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.
Special
Action:
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.
|
|
.. |
