QHRRP 3000-220

Fines, Fees, and Assessment Collection Policy

 

Review/update responsibility
 Communications
Revision
 14 Oct 2024
Reference
 CCRE Article IV, Section 4.1.(a) (b) (c) (d)

CCRE Article VI, Section 6.20, as amended

Florida Statute 720.305

Policy
 Our policy is to ensure all fines, fees and assessments are paid in a timely manner and to aggressively pursue collection of past due fines, fees and assessments in a systematic, uniform and consistent manner.
Do I owe?
 To see if you owe any fines, fees or assessments, please log into Property Management website at https://portal.maymgt.com/login.
Definitions
 Here are the definitions of the different types of fines, fees, and assessments…

Type Definition
Fines Are for violation of rules, regulations, and policies.  Fines are covered in QHRRP 3000-210 (Rules Enforcement Process).
Fees For Amenity, Lot Right-of-Way Mowing, Legal/Admin, marina, etc…
Annual assessment For improvement, maintenance, and repair of common property. See CCRE Article IV, Section 4.1.(a) for full definition.
Special assessment Collected for expenses incurred which affect all property owners.   See CCRE Article IV, Section 4.1.(b) for full definition.
District assessment Collected for property owners in within s specific district (i.e., Harbor Lot Lagoon System).  See CCRE Article IV, Section 4.1.(c) for full definition.
Process
 The Property Manager sends first notice (with invoice) to property owner giving property owner 30 days to pay.  Follow the below process to collect fees and assessments if not paid within the 30-day grace period.
Days past due Action
30 The Property Manager sends notice stating that interest charges are now being assessed where applicable, and homeowner privileges (i.e. gate access, lock access (both ingress and egress), use of sports complex and fitness center and other amenities) will be suspended if the past due balance is not paid in full by the time the account is 91 days past due.
60 The Property Manager sends final notice to the property owner via certified letter and regular USPS mail that states…

  • a lien will be initiated on the property according to Florida State statutes (Notice of Intent to Lien).
  • the Association has the right to send the status of the account (91 days past due) to Credit Reporting Agencies.
  • automated gate entry privileges and other amenities will be suspended at 91 days past due if payment is not received to bring the account current.
90 The property owners account is placed with a collection attorney who will initiate reporting to credit reporting agencies.

Lock privileges (both ingress and egress), use of sports complex and fitness center and other common area amenities are suspended.
Collection with attorney
 If an account has been placed with a collection attorney, then any additional delinquencies on the account shall be brought to the attention of the collection attorney in lieu of the notice and cure procedures that would otherwise apply.

In those instances where an account has already been placed with a collection attorney, and the collection attorney has advised that new delinquencies are better addressed as (an) independent event(s) rather than being included as part of the prior collection action, then only the Final Notice shall be given for the new delinquency and no courtesy notices shall be given. In such instance the final notice shall be reviewed by the attorney as to form prior to being sent.
Receipt processing
 Payments are sent by homeowners directly to the Association’s Property Management Company as authorized by the Board of Directors. The Property Management Company is accountable for both processing the payments for deposit and the timely recording and accurate application of the payment on the homeowner’s account.
Application of payments
 Any monies collected are applied first to late fees, then finance charges, then administrative fees, then fines, and then assessments.  For each of these categories, monies collected are applied to the oldest balance first and then are applied forward up to the most recent amount due.
Monitoring
 The Treasurer reviews the AR Aging Report monthly to assess the number of past due accounts and monitor collection efforts.