THE CLIFFS ASSOCIATION
The Board of Directors of the The Cliffs Association adopted the following policy and practice on October 22nd, 2018. This document sets forth the Association’s policy regarding the collection of assessments pursuant to the Association’s Declarations, Bylaws, Conditions and Restrictions, the Ohio Revised Code as well as Federal Fair Debt Collection practices.
1. All assessments are due on the 1st day of the month and are considered late if not received by the 10th day of the month.
2. Unit owners should make payments online via our management system or mail them to the following address:
The Cliffs Association
PO Box 360592
PO Box 360592
Strongsville, OH 44136
Or to such other address as designated by the Board, in writing.
3. An administrative late charge of $25.00 per month will be added for any late payment or on any balance of unpaid assessments. (Subject to increase upon further notice.)
4. The Association will apply any payments in the following order:
A. Interest owed to the Association;
B. Administrative late fees owed to the Association;
C. Collection costs, attorney’s fees, and paralegal fees the Association incurred in collecting the assessment; and, finally,
D. Oldest principal amounts owed for common expenses, enforcement or other assessments, and any other individual assessments charged to the account.
5. Any unpaid assessment may result in the Association filing a lien, a suit for money judgment, and foreclosure. While a foreclosure case is pending, partial payments may not be accepted and, if the property is rented, a Receiver may be appointed to collect the rents. Once judgment is obtained, the Association may proceed with post-judgment action, including bank attachment and wage garnishment.
6. Any costs the Association incurs in the collection of unpaid assessments, including non-sufficient bank fees, attorney’s fees, recording costs, title reports, and court costs, will be charged back to the account.
7. If any owner (either by their conduct or by the conduct of any occupant) fails to perform any act required by the Declaration, the Bylaws, or the Rules and Regulations, the Association, after giving proper notice and an opportunity to request a hearing, may levy an enforcement assessment, undertake such performance, or cure such violation. Any costs the Association incurs in taking such action will be charged back to the unit owners account.
8. If a unit owner is more than 30 days past due in the payment of any assessment, the Association may suspend privileges including the right to vote, the use of the amenities, or the ability to apply for architectural approval.
As adopted by The Board of Directors and reviewed by Legal Counsel 10/22/2018