List of Resolutions
An HOA Resolution (or Board Resolution) is a formal, legally binding decision or rule enacted by a Homeowners Association’s Board of Directors.
While a community’s core legal framework such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws establishes the board’s legal authority, resolutions are used to establish specific operational policies, enact administrative procedures, or clarify ambiguities within those overarching governing documents.
As a reminder if you are renting your home, it is the homeowners’ responsibility to educate and enforce the Governing Documents with your renters. Ultimately, you are responsible for your home and your renters’ actions, including notices and fines incurred by your renters.
WHEREAS, Declaration is the Declaration and Covenants, Conditions, and Restrictions for Arbor Ridge P.U.D. and as may have been or will be amended from time to time; Bylaws is the Bylaws of Arbor Ridge P.U.D. Homeowners Association is ORS 94.550 to 94.783 Arbor Ridge P.U.D. Homeowners Association, or any successor incorporated or unincorporated association thereto.
WHEREAS, “Assessments” as used in this resolution includes all amounts validly assessed against a Unit Owner (“Owner”) pursuant to the Declaration, the Bylaws, rules and regulations, and any Board of Directors resolution, including, but not limited to regular and special assessments for common expenses, and charges and fines imposed by the Association; interest and late charges on any delinquent account; and cost of collection, including reasonable attorney fees incurred by the Association with the collection of a delinquent Owner’s account;
WHEREAS, section 7.1 (A) of the Bylaws and ORS 94.630 (a) allows the Association to adopt rules and enforce compliance with the Declaration, Bylaws and, any other applicable covenants, rules or restrictions;
WHEREAS, Article X of the Bylaws obligates each Owner to pay annual assessments, special assessments, emergency assessments, limited common area assessments, project assessments, and individual assessments;
WHEREAS, Section 4 (A) of the Declaration states assessments are considered late if not paid within thirty days of due date;
WHEREAS, Section 4 (A) of Declaration and Article X of Bylaws and ORS 94.630 (1) (n), owners are obligated to pay reasonable fees and costs, including, but not limited to, attorney fees incurred in connection with efforts to collect delinquent and unpaid assessments, regardless of whether a suit or action is commenced. Charges, together with any interest, late charges, expenses or attorneys’ fees imposed shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment or charge is made;
WHEREAS, from time-to-time Owners become delinquent in the payments of their assessments and fail to respond to the demands from the Board to bring their accounts current, and it is imperative assessment payments are timely received;
WHEREAS, the Board deems it in the Association’s best interest to adopt a uniform and systematic procedure for the collection of unpaid assessments in a timely manner.
NOW, THEREFORE, IT IS RESOLVED, that pursuant to Article X of Bylaws and Section 4 of the Declaration, a late payment fee will be levied against any assessments account which is not paid in full as of the thirtieth (30th) day after the assessment became due. The late payment fee is $25.00 per month and all assessments, fines, special assessments, and any other charges assessed to the owner accrues interest at a rate of 12% interest per annum accrued daily on a 365-day year and added to the account monthly. Interest shall begin to accrue immediately upon amounts when unpaid more than 30 days.
NOW, THEREFORE, IT IS RESOLVED, that pursuant to Article X of Bylaws and Section 4 (A) of the Declaration, all assessments are due annually and are payable in advance on January 1st of each year. Assessments for Arbor Ridge NO 2 (Lots 127-249) are due twice a year and payable on January 1st and July 1st of each year.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the following steps are adopted to provide for the uniform and systematic procedure for the collection of unpaid assessments:
If any assessment remains unpaid by an Owner after thirty (30) days from the due date such payment is due, the Association or its designee will send a notice to the Owner indicating the amount due, including notice of the late payment fee, and demand for immediate payment thereof within seven (7) days. Any administrative fees incurred in sending the delinquency notice(s) may be assessed to the owner’s account.
If any assessment remains unpaid following such notice, the Association or its designee will then send the Owner a Notice of Intent to Lien the property. Payment must be received within seven (7) days to avoid filing of the lien. Any charges to the Association for preparation and sending of the Notice of Intent to Lien are billed to the owner.
If assessment is $1000 or more and is 90 days overdue and remains unpaid after the Notice of Intent to Lien, the Association or its designee will file a Claim of Lien with the appropriate county recorder’s office against Owner’s property. A letter will be sent via certified mail to the Owner and the Mortgage Holder, as required by law, informing Owner that a lien has been placed and that the account may be transferred to the Association’s collection attorney or a collection agency within thirty (30) days. The Owner is notified all costs and fees associated with collection efforts will be billed to their account. The Board may, in its discretion and pursuant to Section 4 (A) of the Declaration, after assessments have become 60 days past due, and upon written notice to the Owner, accelerate the due date of the assessments which will become due during the next succeeding twelve (12) months.
If the assessment continues to remain unpaid, the account may be turned over to the Association’s collection attorney. The attorney will then deliver, to the Owner, a demand letter for immediate payment of all amounts owing which will also indicate if the account is not paid in full within thirty (30) days, further collection action will be instituted, including the filing of a lawsuit for money judgment and/or garnishment. The Owner will be liable for payment of charges imposed by the Association’s attorney to cover fees and costs associated with all collection efforts. The demand for payment shall include all collection costs to date.
If any assessment remains unpaid by the Owner thirty (30) days after the initial demand letter from the Association’s attorney, the attorney shall send the Owner a ten (10) day demand letter for payment or the attorney, on behalf of the Association, will file suit to either obtain a money judgment or foreclose on the lien, if Board approval is obtained for this action. The demand shall include the updated amount owing, including all collection costs to date.
If any assessment remains unpaid by the Owner ten (10) days after the notice of Association’s intent to file suit with Board approval, the Association’s attorney shall file suit for a money judgment, unless the
Board, after recommendation by the attorney, determines that lien foreclosure is advisable under the circumstances or that the account is reasonably considered not likely to be collectible. In such cases, the attorney may file a lawsuit for a money judgment, for foreclosure, or for both a money judgment and a foreclosure, as permitted by applicable law, or may (upon agreement with the Board), close the file if the account is reasonably considered not likely to be collectible.
If the Association is successful in obtaining a money judgment, legal counsel shall be authorized to pursue post-judgment actions to collect on the judgment in this order, unless Attorney determines other actions or another order of collection is appropriate under the circumstances or that any particular action is not reasonably likely to result in a favorable collection result: (1) file and send a ten (10) day demand to pay judgment (2) garnish bank accounts, wages and/or rents (3) levy against any personal and real property and (4) levy against the unit. Additional steps may be necessary to determine the availability and location of the judgment debtor’s assets. If the Association is successful in a suit to foreclose the lien, legal counsel shall proceed as necessary to complete the foreclosure unless otherwise directed by the Board. Nothing herein is to be construed as a requirement or authorization for the Association or Counsel to pursue collection efforts in violation of a lawful stay of execution by a Federal Bankruptcy Court or other legal prohibition on seeking an action against the debtor.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that all legal fees and costs incurred in the collection of a delinquent account shall be assessed against the delinquent Owner and shall be collected as an assessment as provided in the Bylaws, the Declaration and/or the Act.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that all contact and/or contracts with the delinquent Owner once the account has been turned over to the Association’s attorney shall be handled by the Association’s attorney. The Board, nor any of its agents, shall discuss the collection of the account directly with the Owner after it has been turned over to the attorney, unless the attorney is present or has consented to the contact and/or contract.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Association’s collection attorney shall have the discretion to enter into an installment payment plan with a delinquent Owner in appropriate circumstances. The Board authorizes the President and/or Treasurer of the Association to manage the day-to-day contact with the attorney or collection agency, and delegates authority to the President and/or Treasurer of the Association to settle any collection matter, if recommended by the attorney or collection agency (as applicable) by entry into an installment payment plan before or after filing of any action to recover past due assessments; provided, however, that if before filing of a lawsuit, the plan for a down payment of less than the greater of one-third (1/3) of the delinquent balance or twice the current monthly assessment, or a duration of greater than twelve (12) months shall require approval of the Board of Directors. The President and/or Treasurer may authorize the settlement of other post- filing matters on such terms as may be reasonable and are recommended in consultation with the Association’s attorneys. Nothing herein shall preclude the President and/or Treasurer from seeking the advice and consent of the Board of Directors for any settlement proposal.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Association’s attorney, in its initial demand letter, shall communicate to the Owner that the account has been turned over for collection, and that all payments are to be made to the Association, but sent to the Association’s attorney until the account has been brought current. The Association’s attorney shall receive all payments and forward those payments to the Association or its designee.
NOW, BE IT FURTHER RESOLVED, that nothing in this Resolution precludes the Board from taking further action in the collection of unpaid assessments permitted by the Association documents or applicable law, including, but not limited to, adopting or enforcing rules regarding the termination of utility services paid for out of assessments of the Association and access to and use of recreational and service facilities available to Owners and, after giving notice and an opportunity to be heard, terminate the rights of any Owners to receive such benefits or services until the correction of any violation covered by such rule has occurred.
NOW, BE IT FURTHER RESOLVED, the Declaration and Bylaws of the Association empowers the Association, and the Association will suspend Owner’s voting rights when accounts are three (3) months or more delinquent. Any, and all suspensions remain in effect until such amounts, plus other charges under the CC&Rs are paid in full, irrespective of whether an Owner has entered into an approved payment plan. For clarification purposes, the term “delinquent” is defined as any amount not paid current after 30 or more days past due.
NOW, BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent to all Owners at their last known address and will be enforced ten (10) days from the date of mailing to the membership.
Recorded on file with our Management Company
Collection Resolution (PDF)
