1. Courthouse Station Homeowners Association, Inc.
Policy Resolution 2006-1
Purpose: Policies and Procedures Regarding the Collection of Assessments
WHEREAS, Article IV, Section 1 of the Declaration personally obligates each Owner to pay
assessments to fund the common expenses of the Association; and
WHEREAS, Article IV, Section 8 sets forth the remedies of the Association for the non-
payment of assessments; and
WHEREAS, the Board of Directors deems it necessary and in the best interests of the
Association to establish the orderly procedures for the billing and collection of assessments
which will supercede the previously published Resolution on Assessments as adopted August
22, 1991.
NOW, THEREFORE, BE IT RESOLVED THAT the following procedures regarding the
collection of assessments shall be adopted.
I. ASSESSMENT OBLIGATIONS
A. The annual assessment shall be due and payable on the first (1st) day of
January of each year. The Board of Directors has elected to permit the
Owners to pay the annual assessment in quarterly installments due on the first
(1st) day of each quarter (January 1, April 1, July 1 and October 1). Should
default occur in the payment by an Owner of any quarterly assessment, the
Board may accelerate the due dates of any and all remaining quarterly
installments, as more fully set forth in Section II(C) herein.
B. The Association will mail a notice to the address of record of every Owner
which will inform the Owner of the amount of the annual assessment or any
quarterly installment thereof; however, no Owners will be excused from the
obligation to pay the assessment if a notice is not received. Each Owner is
under a duty to seek out information about the assessment if a notice is not
received.
C. Non-resident Owners must furnish the Association with an address and
telephone number where they can be contacted; otherwise, all notices shall be
sent to the property address, which will be deemed to be the address of
record, and the Owners shall be responsible for the information contained
therein.
II. REMEDIES FOR NON-PAYMENT OF ASSESSMENTS
A. Late Charge - Any quarterly installment of the annual assessment not paid to
the Association within thirty (30) days after the due date shall be considered
delinquent and a late charge of five dollars ($5.00) or five percent (5%) of the
amount of the delinquent payment, whichever is greater shall be assessed to
the Owner and posted to the Owner=s account.
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2. B. Returned Check Charge - If the Association receives a check from an Owner
which fails to clear the Owner=s account, a reasonable service charge in the
amount of twenty-five ($25.00) shall be charged to the Owner and posted to
the Owner=s account.
C. Acceleration of Assessments - If any quarterly installment of the annual
assessment is not paid within thirty (30) days of the due date, the entire
balance of the annual assessment may be accelerated and due in full, unless
other payment arrangements are approved in writing by the Board of
Directors or its authorized agent. In the case of Owners who have overdue
balances carried forward from a prior fiscal year, the Association may
accelerate the annual assessment on any such account as soon as the first
quarterly installment is not timely paid.
D. Suspension of Privileges - If any quarterly installment of the annual
assessment is not paid within thirty (30) days of the due date, the Owner’s
rights, privileges and benefits of ownership may be suspended as provided
for in Article V, Section (d) of the Declaration.
D. Interest - If a default by an Owner in paying any sum assessed against such
Owner=s Lot continues for a period in excess of thirty (30) days, interest from
the date of delinquency at the rate of twelve percent (12%) per annum (or the
maximum rate allowed by law, whichever is less) may be assessed on the
principal amount unpaid from the date of delinquency until paid. The
assessment of interest shall not preclude collection of a late charge, nor shall
such late charge be considered interest.
E. Notices of Delinquency
1. If any quarterly installment payment is not postmarked within
thirty (30) days from the due date of such assessment, a notice of
delinquent account (first reminder notice) will be sent to the
Owner advising that such delinquent account is subject to a late
charge of five dollars ($5.00) or five percent (5%), whichever is
greater, of the amount of the delinquent payment for the quarter
the assessment was not timely received plus twelve percent (12%)
interest per annum (or the maximum rate allowed by law,
whichever is less) on the principal amount unpaid from the date of
delinquency until paid; and
2. Thirty (30) days from the date that the first reminder notice was
sent, a second notice of delinquent account (second reminder
notice) will be sent to the Owner advising that payment of the
delinquent amount, including any interest and late fees is required
to avoid commencement of legal action; and
3. In the event that it is necessary to proceed expeditiously with legal
action against a delinquent Owner to protect the interests of the
Association, or in the event that there may be other extenuating
circumstances, the Association may dispense with one or more of
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3. these Notices of Delinquency. Examples of such circumstances
include, but are not limited to: Owners with delinquent balances
carried forward from a prior fiscal year; or if the Association
anticipates conveyance of a Lot subject to a delinquent assessment
balance, against which Lot no lien is on record.
F. Referral to Association=s Attorney - If any installment of the annual
assessment is delinquent, the Association may refer the account for legal
action. The Board of Directors may authorize any appropriate legal action
including the recordation of a lien in the Fairfax County land records, the
obtaining of a personal judgment, and enforcement of such judgment as may
be appropriate. By specific resolution of the Board of Directors, the
Association may authorize the attorney to pursue lien foreclosure. The
Owner will be responsible for the payment of, and will be assessed, any costs
and attorney=s fees incurred by the Association to collect a past due balance
regardless of whether a lawsuit if filed.
G. Special Payment Arrangements - Notwithstanding the foregoing, the Board of
Directors may enter into payment arrangements with delinquent Owners
when, in the sole discretion of the Board, it has been determined that
extenuating circumstances exist so as to warrant such special arrangement,
and the Board receives reasonable assurances from the Owner that all
amounts in arrears including delinquent assessments, late charges, interest,
attorneys fees, lien fees, court costs, and other collection costs will be paid in
accordance with the terms of such agreement.
H. Method of Crediting Payments - Payments received by the Association from
delinquent Owners shall be credited in the following order of priority:
(1) Any attorney=s fees, court costs and other costs of collection;
(2) Late charges;
(3) Interest;
(4) Charges assessed against an Owner resulting from a violation
of the governing documents;
(5) Any additional, individual or special assessments; and
(6) Annual assessment or quarterly installments of the regular
annual assessment.
This resolution was duly adopted by the Board of Directors this 31st day of January 2006 and
supercedes the previously published Resolution on Assessments dated August 22, 1991.
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