With just a few pieces of information we will prepare for you a personalized Assessment Collection Policy Package. This process only needs to be done ONCE and your Association will be set up for all future cases.
Your personalized Assessment Collection Policy Package includes the necessary legal document language specific to each individual association and is ready for approval and distribution to the membership.
Full copy of the recorded CC&R's [preferred]
-- OR --
1st page of the CC&Rs and the Full ASSESSMENTS SECTION of the CC&Rs.
A copy of the Articles of Incorporation, if applicable.
Full copy of the Budget including ALL DISCLOSURES - as it was mailed out to the owners.
Copy of the current Collection Policy, if not part of the budget disclosures.
This is what you need to do after you receive the Assessment Collection Policy Package from A.S.A.P.:
The Board needs to adopt the Assessment Collection Policy and memorialize their decision in writing by signing the "Resolution To Adopt Assessment Collection Policy". A copy of the signed Resolution AND a copy of the collection policy then need to be faxed or mailed to A.S.A.P.
The collection policy then needs to be distributed to the membership WITH the two (2) page Required Notice.
In accordance with Civil Code Section 4355 any proposed amendment which is necessary to comply with current law is NOT subject to the rule change procedure set forth in Civil Code Section 4360. Therefore the collection policy is in effect once the Board adopts the policy and it can be enforced immediately.
It is recommended on your next scheduled board meeting agenda you add the topic "adopted collection policy - comments or concerns from owners" at which time the owners can openly comment on the policy. After the discussion of the comments and concerns, it can be documented in the minutes that the Board listened to the owners comments and concerns and have decided to keep the policy as it is written and as it was adopted on _________________ [enter the date that the board adopted the policy].