Does the Board vote on a lein ?

FrancesD, effective 1/1/06 Colorado statute 38-33.3-209.5 requires "(1) To promote responsible governance, associations shall: (a).... (b) Adopt policies, procedures, and rules and regulations concerning (1) Collection of unpaid assessments; (II)-(VII). "

Has your board adopted the 7 required rules and regulations (policies and procedures) and provided them to all owners? If they are not following these adopted procedures they need to be advised to comply or they would be personably liable for any and all legal costs. If the board has not adopted written procedures and provided them to all home owners then tell these officers that they and the rest of the board and the association can be held legally liable.

Here is an example of Rules on Delinquent Assessments:

Assessments are delinquent when payment has not been received by the due date. A 10 day grace period is provided for receipt of payment after which the property is assessed a late charge of $10.00 per month.

Assessments may include, but are not limited to, the annual (regular) assessment, special assessments, late charges, interest, fees, fines, attorney fees, collection costs and court costs. All costs related to a delinquent account shall be assessed to the property and paid by the owner. The Declaration (Covenants) establishes that an assessment is a continuing lien upon the property and a personal obligation of the owner.

The annual assessment is determined by the Board of Directors as part of the annual budget. The annual budget is ratified, or vetoed, by homeowners at the annual meeting. If the members veto the budget, then the prior budget, including the annual assessment, remains in effect until a new budget is approved. The annual assessment may be paid on a quarterly basis with payments due on the first day of each quarter beginning January 1st, April 1st, July 1st, and October 1st. Assessment payments shall be applied to the oldest assessment first and progress toward the most recent assessment.

Statements may be provided by mail, e-mail, or coupons as a reminder to homeowners of the amount and due date of a quarterly assessment. Nevertheless, it is the responsibility of the homeowner to remember to pay by the due date even if a statement is not received. An owner may request consideration by the Board of Directors to defer payment due to extenuating circumstances.

An account delinquent over 10 days will be charged $10.00 each month it maintains a balance over $10.00. If a check is returned the account becomes delinquent plus there is a charge of $35.00 for the returned check.

An account delinquent over 70 days shall be provided a warning that a lien will be recorded on the property if payment is not received within 30 days.

An account delinquent over 100 days will have a lien filed with the Douglas County Clerk. The lien amount will include a filing charge of $100.

An account delinquent over 130 days shall be provided a copy of the Notice of Lien and a warning that the account will be referred to an attorney for collection if not paid within 30 days.

The Association shall make a good faith effort to resolve disputes first with the Owner. If resolution is not reached the Association stands ready to go to binding Arbitration under the Uniform Arbitration Act. The parties are herein forewarned that if court proceedings are necessary to resolve a dispute, the court shall award to the prevailing party reasonable collection costs, attorney fees, and other costs.

Do you work for Hindman-Sanchez? It's a shame Hindman-Sanchez does not have offices in North Carolina :-).

(Excellent website, lots of great information. Lots to offer a client).

I was voted on this board on November 28,2005 and they still have not yet made me a member of the board the previous Vice President is still(not)doing the job.The current Preident lives out of state in Washington and since we have moved in I have constantly have tried to force the to follow the rules in the C.C.& R's. I know they will try to run the board with out ever giving me my position how long do they have to make me an offical member of the board?

Same in North Carolina. In fact, the officers are elected by the board members immediately after the election. (same day)

Also, as previously mentioned, two or more board members can force a board meeting. This should probably be run via Roberts Rules and fully documented (Minutes).