ADMINISTRATIVE RESOLUTIONS
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Valli Vue Estates Property Owners Association, Inc.
Administrative Resolution #1
Assessments and Collections
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WHEREAS, Article IV, Section 3 of the Declaration of Valli Vue Estates Subdivision states that "the Board of Directors shall fix the annual assessments ... " and
WHEREAS, Article VII of the Bylaws of Valli Vue Estates Property Owners Association states that "the Board of Directors shall have power to exercise for the Association all powers, duties and authority vested or delegated to this Association and not reserved to the membership by other provisions of the Bylaws ... " and
WHEREAS, Article XI of the Bylaws provides that "each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment which is not paid when due shall be delinquent ... " and
WHEREAS, AS 34.08.470 provides lien and foreclosure procedures for delinquent assessments "as a mortgage of deed of trust on real estate is foreclosed, or a lien is foreclosed under AS 34.35.005", and
WHEREAS, there is a need to establish orderly procedures for the collection of assessments which remain unpaid past their due date since delinquent assessments pose a serious financial and administrative burden on the Association, and
WHEREAS, it is the intent of the Board of Directors to establish steps for the collection of assessments;
Now THEREFORE, BE IT RESOLVED THAT the procedures for collection of assessments be as follows:
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1. Each annual assessment is due and payable on the 1st day of January and is delinquent on April 1st
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2. The first billing for the annual assessment shall be sent to all unit owners before December 31st. A second billing will be sent to all owners with a remaining balance after March 1st and before March 15th.
3. Delinquent accounts not paid by the last day of March will be assessed a fifty dollar ($50) late charge. An additional twenty-five-dollar ($25) charge will be made each month or partial month thereafter until the assessment, administrative, and legal charges are paid.
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4. Demand notices will be mailed to all delinquent homeowners in April, July, and October, and if not paid, shall be included in the following year's annual assessment.
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5. A late charge shall accrue for each individual annual or special assessment. If, for instance, an Owner becomes delinquent on a second assessment, two (2) late charges shall accrue each month.
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6. On past due accounts, collection actions will be initiated so that the collection rights of the Association will be effectively protected.
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7. Administrative costs to the Association for collection action shall be charged to the delinquent owner as an assessment against that unit.
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8. Court action may be initiated on an account which becomes delinquent. After a judgment has been obtained, execution will be initiated through any appropriate legal channel. All costs incurred as a result of legal action and collection shall be charged to the delinquent owner.
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Adopted: January 7, 1985
Last Revised: March 3rd, 2020
Valli Vue Estates Property Owners Associations
Administrative Resolution #2
Due Process
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Administrative Resolution 3 has been created to replace this Resolution
WHEREAS, Alaska Statutes, Section 34.08.320, (a) (11) provides that associations may, " after notice and an opportunity to be heard, levy a reasonable fine for violation of the declarations, bylaws, rules, and regulations of the associations," and
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WHEREAS, Article VII, Section 1, of the Bylaws grants the power to exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership...," and
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WHEREAS, for the benefit and protection of the Association and of the individual member, the Board deems it desirable to establish and operate by a procedure to insure due process in cases where there is a question of compliance by a member, his family, guest, invitee or tenant with provisions of the Declaration, Bylaws of Board policies, thereby attempting to minimize the necessity of seeking action in or through a court of law; and
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WHEREAS, it is the intent of the Board to establish procedures for the Board and designated committee where they must take action relative to questions of compliance by an individual with the provisions of the governing documents and interpretive policies,
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NOW THEREFORE, Be It Resolved That any actions by the Board and designated committees regarding covenant violations shall be in accordance with the following procedures:
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Complaints of Covenants violations shall be brought to the attention of a Board member who shall refer it to the Covenant Committee. If the Covenants Committee indicates that the complaint appears well founded, the Board shall proceed as follows:
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A. In its discretion, the Board may turn the matter over to an attorney with instructions to enforce the rights of the Association in the Alaska courts.
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B. Alternatively, the Board may proceed as follows:
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1. A notice of alleged violation shall be prepared and served upon the alleged violator.
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2. The notice shall specify in detail:
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a. The nature of the alleged violation and the specific covenant which is allegedly being violated.
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b. The date, time at-id place at which the Board shall consider and make a decision regarding the alleged violation. Said date shall be at least ten days from the date that the notice is served upon the alleged violator.
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c. The notice shall advise the alleged violator that he or she may be present at said meeting and present arguments or evidence in defense of the allegation.
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d. The notice shall advise the alleged violator that he or she may cure the violation prior to the meeting or may present evidence at the meeting as to his plans with regard to curing the violation.
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e. The notice shall advise the alleged violator of the penalties which may be imposed by the Board if it is determined that a violation exists.
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3. Service of the notice shall be complete upon personal service or upon depositing the notice in the United States Mail of personal service cannot be accomplished. A reasonable effort shall be made to personally serve the notice upon the alleged violator. However, if personal service cannot be accomplished with reasonable efforts, the notice shall be served by certified mail at the alleged violator's last known mailing address.
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4. At the meeting at which the alleged violation is to be considered, the Board shall hear evidence from the Board member who has investigated the alleged violation and from other interested persons. The alleged violator shall be given an opportunity to fully defend the allegations including providing evidence or argument with regard to the alleged violation. Thereafter, the Board shall consider all of the evidence and make a finding with regard to the alleged violation, based upon evidence presented at the meeting. If the Board desires, the meeting may be adjourned to allow the Board to view the location of the alleged violation. If the Board determines that a violation exists, it may withhold imposition of a fine if the alleged violator presents evidence which convincingly demonstrates that the violation will be cured within a reasonable period of time.
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5. Pursuant to AS 34.08.320(a) (11), the Board may impose a fine for violation of a covenant in an amount not to exceed $50.00 per day for every day that a violation occurs but said fine may not be imposed until the Board has formally determined that said violation exists. Said fine shall be an assessment against the owner’s property.
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Published for Review: December 20, 1985
Adopted by Board Action: January 6, 1986
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Effective Date: February 1, 1986
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Valli Vue Estates Property Owners Associations
Administrative Resolution #3
Enforcement Policy
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WHEREAS Alaska Statutes Section 34.08.320(a)(11) provides that Associations may, “after notice and an opportunity to be heard, levy a reasonable fine for violation of the Declarations, Bylaws, rules, and regulations of the associations”, and
WHEREAS Article VII, Section 1, of the Association Bylaws grants the power to exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership, and
WHEREAS, for the benefit and protection of the Association and of the individual member, the Board deems it desirable to establish and operate by a procedure to ensure due process in cases where there is a question of compliance by a member, his family, guest, invitee, or tenant with the provisions of the Bylaws and Covenants of the Association, thereby attempting to minimize the necessity of seeking action in or through
a court of law; and
WHEREAS it is the intent of the Board to establish procedures for the Board and the designated Hearing Committee to act upon questions of compliance by an individual with the provision of the governing documents and interpretive policies.
NOW THEREFORE be it resolved that any actions by the Board and the designated Hearing Committee regarding Covenant violations shall be in accordance with the following procedures:
Complaints of Covenants violations shall be brought to the attention of the Board of Directors and the Hearing Committee by the management company for the Association. If the violation is well-founded, the process for enforcement shall proceed as follows:
A. A notice will be sent via USPS mail and email with the following details:
1. The nature of the alleged violation and the specific Covenant which is allegedly being violated.
2. A request for a hearing regarding the violation must be made in writing within 10 days of service of the notice, as described in section C. Every attempt will be made to schedule the hearing within 30 days of the request being received period in lieu of attending the hearing, a person may submit written testimony or other documentation.
3. The notice shall advise that the violation may be cured prior to the meeting, or that evidence can be presented at the meeting regarding curing the violation.
4. The notice shall advise of penalties which the Association may impose if it is determined that the violation exists.
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B. Service of the notice shall be deemed complete upon mailing through the United States Postal Service using a tracking number to ensure receipt. Electronic mail with the information will be sent as a courtesy.
C. At the meeting in which the alleged violation is to be considered, the alleged violator shall be given an opportunity to fully defend the allegations, including providing evidence or argument regarding the alleged violation. Thereafter, the Hearing Committee shall consider all the evidence and make a finding concerning the alleged violation, based upon the evidence presented at the meeting. If the Hearing Committee desires, the meeting may be adjourned to allow the Committee to view the location of the violation. If the Hearing Committee determines that a violation exists, the Board of Directors may withhold imposition of a fine if the
alleged violator presents evidence which convincingly demonstrates that the violation will be cured within a reasonable period.
D. Pursuant to AS 34.08.320(a)(11), the Association may impose a fine for violation of a covenant. Violation follow up will be done fourteen (14) days after the previous violation. If not corrected, additional violations will be issued, and fines will be assessed per this fine schedule:
1. First Violation No Fine (Courtesy Notice)
2. Second Violation $25
3. Third Violation $50
4. Fourth Violation $75
5. Subsequent $25/day or $150/week at the discretion of the Board.
Upon adoption of this Resolution, Administrative Resolution #2 (effective on February 1, 1986) is rescinded in its entirety and replaced by Resolution #3.