Location – Susan P’s home
Welcome
Approve minutes from the June 5 Board Meeting
Financial Report
- Billing process – response rate/ delinquent – Tom
- Checkbook vs. Financial summary document – Tom
Old Business
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- Back-flow testing – Completed July 1 – 4 units needed repair/modification
- Workday July 8th – all items completed except sign painting
- Meter conversions completed in July
New Business
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- Delinquent payments. By-laws allow for recovery (see attached). What process should we follow?
(note: KB had planned to formalize the process once we secured a bookkeeping agency)
- Delinquent payments. By-laws allow for recovery (see attached). What process should we follow?
Continuing Business
- Website update – Susan Kullmann
- New Homeowners *
- Communication to Homeowners
- 6/2 – Backflow testing
- 6/28 – Workday announcement
- 7/14 – water meter conversion completion
- Policies and procedures – pending WTA
- Generator maintenance – On yearly schedule now
- Culvert repair at Mary Gwen’s property
- SWRCB – supply vs. storage – no change
Priorities
- Billing agency – pending action – 0/5 – will send a request to homeowners for bookkeeping leads
- Meters/ Drought Conservation – Update on software, remaining units installed
- SWRCB drought measures
- Rate Structure rollout – pending billing company and final installations
- Capital Planning and System Analysis (full system)
Motions to approve:
Next Meeting/Location
Section 2b. Payment of Assessments.
Delinquent Assessments and Late Charges. The due dates for all Assessments shall be established by the Board. Any Assessment shall be delinquent if not paid within fifteen (60) days of becoming due. Late charges in the amount of five percent (5%) of the delinquent Assessment shall be charged on all delinquent Assessments.
Personal Obligation and Creation of Lien. The Assessments, together with late charges with interest at the rate of ten percent (10%) per annum or the lower maximum rate allowed by law commencing to accrue thirty (30) days after the Assessment becomes due, costs, late charges pursuant to Section 5.04(a), above, and reasonable attorneys’ fees, shall, except as stated below, be a continuing lien upon the Lot against which each such Assessment is made, such lien to become effective upon recordation of a notice of Assessment. No Owner may defeat liability for Assessments levied by the Company, nor release the Lot owned by such Owner from the liens and charges hereof by waiver of the use or enjoyment of the Water System or by abandonment of such Owner’s Lot.
Notice and Recordation of Lien. Before the Company may place a lien upon a Lot to collect a debt which is past due, the Company shall notify the Member(s) in writing by certified mail to the Membership Address of the fee and penalty procedures of the Company, provide an itemized statement of the charges owed by the Member(s), including items on the statement which indicate the principal owed, any late charges and the method of calculation, any attorneys’ fees and the collection practices used by the Company, including the right of the Company to the reasonable costs of collection. Any payments toward such a debt shall be first applied to the principal owed, and only after the principal owed is paid in full shall such payments be applied to interest or collection expenses. At any time after any Assessments levied by the Company affecting any Lot have become delinquent and the Board has complied with the notice provisions set forth above, the Board may file for recording in the Official Records of the County a notice of delinquency as to such Lot, which notice shall state all amounts which have become delinquent with respect to such Lot and the costs, including attorneys’ fees, interest and late charges which have accrued thereon, the amount of any Assessments relating to such Lot which is due and payable although not delinquent, a description of the Lot with respect to which the delinquent Assessments are owed, the name of the record or reputed record owner or owners of such Lot and the name and address of the trustee authorized by the Company to enforce the lien by sale. Such notice shall be signed by an officer of the Company or its authorized agent and mailed in the manner set forth under California Civil Code section 2924b to all record owners of such Lot no later than ten (10) calendar days after recordation of the notice of delinquency.
Lien Rights. Immediately upon recording any notice of delinquency pursuant to the preceding provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs of collection (including attorneys’ fees, late charges and interest accruing thereon, shall be and become a lien upon the Lot described therein, which lien shall also secure all other payments and Assessments which shall become due and payable with respect to the Lot following such recording, and all costs (including attorneys’ fees), late charges and interest accruing thereon. When a notice of Assessment has been recorded, such Assessment shall constitute a lien on each respective Lot prior and superior to all other liens, except all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and any Mortgage senior to the Assessment lien under California Civil Code section 2898.
Certificate. The Company shall within ten (10) days after delivery of a written request and for a fee which does not exceed the Company’s reasonable cost to prepare and reproduce the certificate, furnish a certificate signed by an officer of the Company or its agent setting forth whether the Assessments on a specified Lot have been paid. If a certificate states an Assessment has been paid, such certificate shall be conclusive evidence of such payment and be binding upon the Company as of the date of its issuance.
Rate of Assessments. The Company shall levy upon each Membership Regular, Special, Use, and New Service Assessments pursuant to these Bylaws.
Rate Schedule for Regular and Use Assessments. Each fiscal year the Board shall establish a rate structure for Regular and Use Assessments that will be sufficient to fund all actual operational costs and to maintain a contingency fund sufficient to pay the repair and replacement expenses for the water supply, distribution and fire protection system that the Company reasonably projects it will incur during that fiscal year and the following two fiscal years. The rates charged shall bear a reasonable relationship to the cost of providing water. The Board has the discretion to institute what is commonly referred to as a “reverse-block rate schedule” or any other rate schedule intended to encourage water conservation and to protect and maintain the Company’s water supply. Unimproved lots may, in the discretion of the Board, be charged lower Regular Assessments than Residences but they must bear a proportionate share of the cost of repair and replacement of the Water System.