The following
is the Assessment, Billing and Collection Policy (ABC Policy)
of the Association, as adopted by its BOD on April 6, l987 and
amended on May 17, l988, September 27, l988, September 16, l991,
March 8, 1996, August 20, 1999, June 6, 2003 and May 30,
2008. Said policy is authorized by and in adherence with
Sections 6.01 through 6.14 of the Declaration of Dedication.
A. DATE SPECIFIC ACTIONS
1. November 1: An operating
budget and a written statement of the Owner's Use Period assessment
for the following fiscal year are mailed to each Owner. Assessments
are due and payable on January 1st. It is the policy of the
BOD to mail the notice to the Use Period Owner's address of
record as provided to the Association by the Owner.
2. January 1: Assessments due
and payable.
3. January 11: Delinquency date.
For Owners who fail to pay their assessment by this date, a
second notice is mailed informing Owners of their default status
and that Late Fees and Interest will be charged to their account
as of February 1st.
4. February 1: Third notice
is mailed to all Owners in default. This notice advises that
each delinquent account has been assessed a $100.00
(per year) late fee and interest at 1.5% per month
(18% per year). Owners in default may not make or hold reservations
for any type of use. Any existing reservations are canceled
with no guarantee that another reservation will be available
when Owner's account is brought current. Defaulting Owners are
denied Day Use privileges. Owner Use Period(s) becoming available
as a result of delinquencies shall be made available for Bonus
Time Use or the Administrative Hold program. Net proceeds shall
offset the Association's operating expenditures and will not
be applied against the defaulting Owner's debt.
5. March 1: Accounts in default
are contracted to a professional collection service. The cost
of said service shall be added to the defaulting Owner's account.
Please note: after the account has been contracted to the collection
service, all correspondence must be directed to the collection
service.
6. April 1: A Claim of Assessment
Lien may be filed with Maricopa County, Arizona on each delinquent
Owner's Use Period(s) and small claims action may be initiated.
All costs are added to the Owner's account.
B. FORECLOSURE OF LIENS
At the discretion of Management,
and with approval of the BOD, foreclosure of Liens begins on
appropriate Owner's Use Period(s) with all costs added to the
defaulting Owner's account.
C. RETURNED CHECKS
1. The Association charges a
fee for returned checks. The official notice of a returned check
will be sent by certified letter instructing the writer either
to bring cash or to send a certified check, money order or cashier's
check in the amount of the returned check, plus the returned
check fee, to the SCR Accounting Department.
2. The returned check fee is
$30.00 or 5% of the face amount of the check, whichever is greater.
The returned check fee applies to each check returned. The fee
and replacement funds are due within fourteen (14) days
of receipt of the official notification (via certified letter)
that a check was returned.
D. MEMBER'S ADDRESS
1. Each Owner of an Owner Use
Period(s) at SCR becomes a member of the Association. The Covenants,
Conditions and Restrictions (CC&Rs) of SCR require that the
Association communicate with each of its members on several
occasions each year. In order to meet these communications requirements,
the Association maintains a register which contains the names,
addresses and telephone numbers of all its members.
2. It is the duty of each Member
to maintain their current information within the Association's
Member register. The Association will mail any required communication
to the address that appears in this register and will assume
that the address is current. If the address in the register
is the wrong address and the communication is returned to the
Association as undeliverable, the communication shall be deemed
to have been delivered to the Owner as indicated in Article
XI, Section 11.02, Notice, of the Declaration. Such returned
mail shall be placed in the Member's file located in the SCR
Accounting Department.
3. Owner's can submit a change
of information to the Association's Member register, which is
required to be in writing, by mail or hand delivered to the
Association's Administrator at 6302 East Camelback Road, Scottsdale,
Arizona 85251, sent via fax to 480-947-6853, or by e-mail to
adminasst@scrstaff.com.
4. If an Owner's assessment
billing is returned to the Association's Administrator by the
U.S. Postal Service because the Owner has moved and not notified
the Association's Billing Department or the Administrator, a
rebilling fee of $2.00 will be posted to the Owner's account
as a Personal Assessment.
5. In accordance with the Declaration
of Dedication, Article VI Assessments, Section 6.03, the Association
is required, no later than November 1st of each year, to provide
each Owner an operating budget for the following fiscal year
and a statement of the Assessment levied against each Use Period
owned for such year.
6. If the Owner of a Use Period
does not receive a copy of the Budget and a Statement of Assessment
by November 30th of each year, the Owner must immediately contact
the SCR Accounting Department. An Owner, who for any reason
does not receive his/her Assessment Statement, is nonetheless
responsible for the timely payment of his/her Assessment and
will be charged with late fees and interest in accordance with
the Association's ABC Policy.