Delinquent Assessments & Penalties

Due Dates.  The Annual Assessment as determined by the Board in accordance with the Declaration, is due and payable in full on January 1 of each year.  Annual Assessments not paid to the Association by January 10th of the year in which the Annual Assessment is due shall be delinquent.

Billing Statements.  The Association provides all Lot Owners with a billing statement for the Annual Assessment by mail and email at least 30 days preceding the due date. Non-receipt of a billing statement shall in no way relieve the Lot Owner of the obligation to pay the amount due by the due date.

Late Fees and Interest.  A late fee of ten percent (10%) of the unpaid Annual Assessment[1] is charged on February 1 of the year in which the Annual Assessment is due if payment of the Annual Assessment is not received by the Association on or before that date.

Notice of Lien.  The Association’s lien arises by operation of Arizona Law and the Declaration any time an Annual Assessment is delinquent. If payment of the Annual Assessment is not received by the Association on or before February 1 of the year in which the Annual Assessment is due, a Notice of Lien may be filed following written notification as follows:

YOUR ACCOUNT IS DELINQUENT.  IF YOU DO NOT BRING YOUR ACCOUNT CURRENT OR MAKE ARRANGEMENTS THAT ARE APPROVED BY THE ASSOCIATION TO BRING YOUR ACCOUNT CURRENT WITHIN THIRTY DAYS AFTER THE DATE OF THIS NOTICE, YOUR ACCOUNT WILL BE TURNED OVER FOR FURTHER COLLECTION PROCEEDINGS. SUCH COLLECTION PROCEEDINGS COULD INCLUDE BRINGING A FORECLOSURE ACTION AGAINST YOUR PROPERTY.

Costs of Collection.  The delinquent Lot Owner is responsible for all costs of collection, which include but are not limited to:  lien preparation and recording fees, attorney fees, court costs, returned check/insufficient funds fees, and other direct or indirect costs incurred by the Association in collecting the Annual Assessment.

Institution of Collection Activity.  If after a Notice of Lien is recorded, all Annual Assessments, late fees, interest and other costs of collection are not paid, or if satisfactory arrangements for the payment of these amounts are not made with the Association within that time period, then the Association’s Board of Directors may choose to refer the delinquent account to a Collection Agency or the Association’s attorney, to file a lawsuit to 1) to obtain a personal judgment against the Lot Owner and collect that judgment through garnishment, attachment, execution or any other available remedy; and/or 2) to foreclose the assessment lien against the Lot.  Attorney fees incurred by the Association for legal services will be added to the amount due from the Owner and will also be a lien against the Lot.

[1] A.R.S. §33-1803