WYNNWOOD
Homeowner Resources
Managed by AGM Real Estate Group, LLC
WYNNWOOD
RULES & REGULATIONS | SECTION 7
HOMEOWNERS DUES, FEE, FINES AND ASSESSMENTS ​
7.0
Homeowners maintenance payments are due on the first day of each month and are delinquent if not received in the office of the managing agent on or before the fifth business day of the month.
7.1
An automatic late charge of thirty (30.00) dollars shall be added to each delinquent payment, with an additional thirty (30.00) dollars charge on the last day of the month and shall be included as part of the payment due for that month for all purposes.
7.2
Any money owed to Wynnwood Townhomes HOA delinquent in excess of two (2) months shall be placed for collection using the methods of collection permitted under the law.
7.3
Partial payments received by the Managing Agent shall be applied in the following order: (a) Fines and sanctions. (b) Late charges. (c) Homeowner's dues. (d) Special assessment, if any. If normal collection methods fail to produce payment to the HOA, the Association may proceed with collection activity, which includes placing a lien on the property, and require up to three months security deposit. Reasonable attorney fees to recover any costs incurred in connection with the collection of delinquent assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment will be charged back to the delinquent homeowner. Homeowners should refer to Article 14 of the Wynnwood Declarations for more detail.
SECTION 8 | METHOD OF ENFORCEMENT
8.1
Anyone wanting to file an official complaint must PUT IT IN WRITING to the Board of Directors through the Property Manager. The Board of Directors and Property Manager will evaluate the complaint at the next scheduled board meeting. If warranted, by majority vote of the Board of Directors, the first official warning letter will be sent to the owner of the unit and if rented, to the resident(s) of the unit. The owner/resident will be given fifteen (15) days to correct the problem or request in writing to the Board of Directors through the Property Manager a hearing at the next scheduled Board of Directors Meeting.
8.2
The Board of Directors and Property Manager will review the status of all first official warning letters at the next scheduled board meeting. It will be reviewed to verify that the problem has been corrected or if any additional complaints have been filed. If warranted, by majority vote of the Board of Directors, the second official warning letter will be sent to the owner of the unit and if rented, to the resident (s) of the unit The owner/resident will be given fifteen (15) days to correct the problem. The owner/resident failing to present a rebuttal at the scheduled board meeting after the second official warning will forfeit the right to rebuttal.
8.3
Any owner/resident receiving a second official warning letter that has not corrected the problem or has not made a valid explanation at the rebuttal hearing, may have a fine assessed. If warranted, by majority vote of the Board of Directors, a $100.00 fine will be assessed against the owner of the unit. The owner will be given to the first of the following month to pay the fine.
DECLARATION
1.8.3
Asessment means all sums chargeable by the Association against a unit including, without limitation: (a) regular and special Assessments for Common Expenses, charges and fines imposed by the Association (b) interest and late charges on any delinquent account (c) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account.
ARTICLE 14 | COMMON EXPENSES AND ASSESSMENTS
14.2 PAYMENT BY OWNERS
Each Owner shall be obligated to pay its share of Common Expenses and special charges made pursuant to this Article to the treasurer for the Association in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board shall designate. Two months assessments (three months if required by lenders) shall be collected in advance from the initial purchaser of a Unit at closing. No Owner may exempt himself from liability for payment of assessments for any reason, including waiver of use or enjoyment of any of the Common Elements or abandonment of the Owner's Unit.
14.12 | LIEN FOR ASSESSMENTS
14.12.1 | LIEN
The Association has a lien on a Unit for any unpaid Assessments levied against a Unit from the time the Assessment is due.
14.12.2 | PRIORITY
A lien under Section 14.12 shall be prior to all other liens and encumbrances on a Unit except: (a) Liens and encumbrances recorded before the recording of the Declaration (b) A Mortgage on the Unit recorded before the date on which the Assessment sought to be enforced became delinquent; and (c) Liens for real property taxes and other governmental assessments or charges against the Unit.
14.12.12 | LATE CHARGES
The Association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent Assessments or installments thereof. In the absence of another established nonusurious rate, delinquent Assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW 19.52.020 on the date on which the Assessments became delinquent.
14.12.13 | ATTORNEY'S FEES
The prevailing party shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment.