The Board approved changes to several Rules in the DCCOA Rules and Regulations document at the July 26, 2018 meeting, the details of which are presented below for DCCOA Member information. A written copy of the new Rules can be mailed to a Member upon request to Marsh Landing.
The current Rules and Regulations document does not address Common Property and as such, a new rule will be added and numbered Rule 28. Below is the new Rule 28 language:
Common Property: The placement of temporary or permanent items on Common Property is prohibited without approval (Unapproved Item) from the Board of Directors, except those items specifically allowed under the Covenants and Rules and Regulations, and/or items previously approved/acknowledged by the Board. Any such Unapproved Item may be removed from Common Property at the Board’s discretion, without notice, and the person or entity known to have placed the Unapproved Item on Common Property will be charged with all removal and disposal expenses.
Please note that the current Rule 28: Security Policy on Entering Private Residences will be renumbered when the Rules and Regulations document has been reformatted.
OPERATING ASSESSMENTS/OTHER PAYMENTS TO ASSOCIATION
There are currently two Rules regarding monies paid to the Association. They are Rule 16: Resident’s Past Due Financial Accounts and Rule 27: Payments Made to the Association. The Board approved combining these two rules into one for a new Rule 16: Operating Assessments/Other Payments to Association.
In addition to combining the Rules, the time frame by which past due accounts are referred to an attorney was changed from 7 months (that was approved by the Board in October 2017) back to ninety (90) days. Additionally, the order in which payments are applied was changed to conform with the current Florida statute and if effective immediately.
Below is the new language for Rule 16:
RULE 16: OPERATING ASSESSMENTS/OTHER PAYMENTS TO ASSOCIATION
Per the Florida Statute 720.3085 (3b) Payment for Assessments; Lien Claims, all payments received and accepted by the Association shall be applied as follows:
First: Toward accrued interest
Second: Toward Late Fees
Third: Toward reasonable attorney’s fees and collection costs
Fourth: Toward any outstanding fines charged to Member’s account
Fifth: Toward assessments
PAST DUE FINANCIAL ACCOUNTS
Quarterly Operating Assessments are due on the first day of the first month of each current calendar quarter. Operating Assessment payment is past due if not received by the Community Association Manager prior to the last day of the first month of the current quarter (EXAMPLE: a Late Fee, plus an Interest charge will be assessed a Member’s account in the event the 1st Calendar Quarter payment, which is due January 1, is not received by January 31.)
Member accounts that are thirty (30) days past due in Operating Assessment payments shall accrue interest at 18% per annum from the due day of an unpaid Operating Assessment until the Member’s Operating Assessment account balance is fully paid.
$25 Late Fee, plus annual Interest accruing at the rate referenced above, shall be assessed on each past due Operating Assessment.
The DCCOA will begin lien and foreclosure procedures on a Member’s property when the Member’s Quarterly Assessment is past due more than ninety (90) days, or if the Member has an account balance in excess of $1,000 that is more than ninety (90) days past due. All costs and expenses incurred by the DCCOA in the collection of outstanding payments due the Association, including legal and court costs, shall be added to the Member’s account and be paid by Member.
All gate access barcode(s) of a Member, and/or property renter, shall be deactivated upon a Member’s account balance being more than ninety (90) days past due, as authorized by the Board. Prior to a gate access barcode being suspended, the Member shall receive a notice from the Community Association Manager, advising the Member that his/her account balance is more than ninety (90) days past due and the balance is to be paid in full by the date referenced in the written notice to maintain gate access barcode privileges. Following deactivation, the gate access barcodes(s) shall only be reactivated upon the Member’s account balance being paid in full.
The Board will be reviewing all Rules and Regulations over the next several months to ensure they are clear and up-to-date, and voting on changes, as necessary. The document will likely also be reformatted and renumbered for easier reading. All Rule changes, approved by the Board, will be communicated to residents via email, website, Newsletter and signboard.