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8F Consent 2011 0502
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8F Consent 2011 0502
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5/4/2011 4:34:43 PM
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4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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assessment and the due date (or if paid in installments, the due dates and the amount of <br /> each installment). The notice need be given only once, at the beginning of each fiscal <br /> year for any regular assessment paid in installments, and once for any special assessment <br /> paid in installments. Unless the Board specifies otherwise, the installment due dates shall <br /> be the first day of each month. <br /> (b) Any assessment payment, including any installment payment, shall become <br /> delinquent if payment is not received by the Association within fifteen (15) calendar days <br /> after its due date. There will be a late charge of Ten Dollars ($10.00) or ten percent <br /> (10 %) of the delinquent assessment payment, if greater, or at the option of the Board, <br /> such higher amount on each delinquent payment as may be pmitted by law. A late <br /> charge may not be imposed more than once on any delinquent er payment, shall not <br /> eliminate or supersede any charges imposed on prior delinquent payments, and shall <br /> constitute full compensation to the Association for any addi)ional bookkeeping, billing, <br /> or other administrative costs resulting from the delinquent payment. Nothing in this <br /> provision shall affect the right of the Association to recover its costs of collection and <br /> enforcement, as well as reasonable attomeys' fe s. if it prevails mao action brought to <br /> collect delinquent payments pursuant to the provisions of Section 9.1 o this <br /> Declaration. \\ n \� <br /> (c) Interest shall also accrue on any delinquent payment at rate of ten pe\ ent (10 %) <br /> per annum or at such rate as the(Board.may lawfully impose from time to time. Interest <br /> shall accrue from a date thirty (30 )calendar afterlie.due date of the assessment <br /> through and including the date full payment is'received by the Association. <br /> 9.11 Estoppel.0 ertificates. <br /> (a) Withiruen, 10) calen ar days afterseceipt of a written request by an Owner, the <br /> Board•shal _proid athe OwneRwiilia tten sta`ment containing the following <br /> information: (i) whether, to the knowledge.ofthe Association. the Owner or the Owner's <br /> Condominium is iniolation of any of the provisions of this Declaration. the Articles, the <br /> Bylawsior the AssocialioRules ar`d'Regulations; (ii) the amount of regular and special <br /> assessmen�\cluding installment pay penis, paid by the Owner during the fiscal year in <br /> which the request is received; and (iii) the amount of any delinquent assessments, <br /> penalties, interes >auorneysj fees, and other charges on the Owner's Condominium as <br /> provided by this Declaration, the Articles, the Bylaws. or the Association Rules and <br /> Regulations. <br /> (b) The Board may charge the Owner a fee to recover its reasonable costs in preparing the <br /> statement. <br /> (c) Any prospective purchaser or Mortgagee of the Owner's Condominium may rely on <br /> the information in this written statement. provided that reliance may not extend to any <br /> violation of the Declaration. the Articles. the Bylaws, or the Association Rules and <br /> Regulations of which the Association does not have actual knowledge. <br /> 9.12 Enforcement of Assessments. The Association has the right to collect and <br /> enforce assessments. In addition to the enforcement powers described in Section 7.6 of <br />
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