OTAY RANCH FIVE COMMUNITY ASSOCIATION
2015 Payment Plan Guidelines
In accordance with Civil Code §5665, the Association’s Board of Directors has established certain general guidelines that must be satisfied in order for the Association to approve a payment plan allowing a delinquent homeowner to bring his/her account current over time. These guidelines are as follow.
- A request for a payment plan must be in writing. While e-mail communication may be used as a cover letter or introductory statement for the payment plan, the actual payment plan with the signature of the homeowner requesting the payment plan must be mailed to the Association at the following address:
Otay Ranch Five Community Association
c/o Ms. Tawny Tillinghast CMCA, AMS, PCAM
Choice Management Solutions
1761 Hotel Circle Couth, Suite 210
San Diego, CA 92108
- A homeowner requesting a payment plan must stay current in the payment of his/her monthly assessments from the date the payment plan is generated until his/her account is brought current. (Monthly assessments are not suspended during the period between when the payment plan is submitted to the Association for consideration and when the payment plan is either granted or denied.)
- If a homeowner requesting a payment plan is delinquent in payment of fines and/or enforcement assessments, any payment plan shall provide for payment of those fines and/or enforcement assessments, before payments will be applied to delinquent assessments, late charges, interest and collection costs.
- In order to guarantee that the Association receives payment of all monies owed by a delinquent owner (i.e., the delinquent assessments, late charges, interest and collection costs), a lien will be placed against the delinquent homeowner’s property. The lien will be released when the monies owed to the Association by the homeowner are paid in full. The cost of the lien will be borne by the homeowner
- If the Board accepts a payment plan, further collection efforts and late charges pertaining to the applicable homeowner’s account will be suspended for so long as the homeowner abides by the terms of the approved payment plan. If, at any time, the homeowner defaults on the payment plan, the Association shall resume assessing late charges to the homeowner’s account and shall retroactively apply such late charges to all previously delinquent assessments. Additionally, the Association shall promptly continue collection efforts against the delinquent homeowner.
- As a general rule, the Association shall only approve a payment plan if the plan will bring the delinquent homeowner’s account current within twelve (12) months of the date the plan is signed.
- A homeowner requesting a payment plan shall be entitled to meet with the Board of Directors during an Executive Session Board Meeting to discuss the matter. However, approval of a payment plan is not conditioned on such a meeting.