Summary
Late assessment payments trigger an escalating collection process. Late fees and finance charges are forgiven if the full assessment is paid by March 31. After 90 days, a $25 documentation fee and 18% annual finance charge apply. Balances of $1,000 or more trigger a formal demand letter; non-response may lead to legal action. All legal fees are charged back to the owner.
Pending Illinois Collections Policy Law (2026)
Update — October 23, 2026 (confirmed): API’s owners’ notice states that Senate Bill 3527 was signed by the Governor on July 31, 2026 as Public Act 104-0734, amending the Common Interest Community Association Act effective January 1, 2027. It requires a formal written collection policy (Act §1-45(j)), requires the policy to be included in the resale disclosure package, and, per the letter, bars legal action to collect unpaid common expenses after January 1, 2027 unless the association has adopted and follows the policy. Source: owners-notice-2027-budget-and-collection-policy.
Original expectation (July 2026 packet): a new Illinois law was expected to take effect on or before August 18, 2026. Once effective, HOAs will be required to adopt a formal written Collections Policy by January 1, 2027. CS&R is preparing the policy for a fee of $650, contingent on the Board completing a Collections Policy Questionnaire covering: common expense due dates, delinquency threshold, late fees/interest, payment application method, returned check charges, attorney turnover trigger, common expense types covered, payment plan terms (payoff window, down payment, second-plan eligibility), fee waiver authority, eviction posture, foreclosure posture (full course of collection vs. monitor-only vs. file answer/appearance), bankruptcy posture, and personal judgment pursuit (including wage garnishment). As of the July 16, 2026 board packet, the questionnaire had not yet been completed by the Board. CS&R will also prepare an accompanying Board Resolution adopting the policy. The Board discussed the requirement again at the July 16, 2026 meeting; Marjorie (API) is to follow up with the HOA’s lawyer for clarifications on policy terms. Source: board-packet-2026-07-16, minutes-2026-07-16.
Update — October 1, 2026 packet: a completed questionnaire is now in the packet (author not identified). The manager’s report states the policy must be adopted before January 1, 2027; the owners must be given 30 days to review it first; and the attorney requires a separate owners’ meeting to adopt it, so a short owners’ meeting and Board meeting are planned for November 2026 together with adoption of the 2027 budget. CS&R’s fee remains $650 and includes the Board Resolution. Source: board-packet-2026-10-01.
Update — October 1, 2026 meeting: the Board approved the questionnaire as shown in the board packet (NS motion, MH second; minutes also say “see comments from Costello”). The policy as documented will be sent to homeowners by API with 30 days’ notice before adoption, and a November meeting, which can be held by Zoom, will adopt it — it must be adopted before 2027. API will send the policy and schedule the Zoom meeting once the 30 days have run. The approval is of the answers as shown; the Board has not yet adopted the Collections Policy itself. Source: minutes-2026-10-01.
Questionnaire answers approved October 1, 2026 (policy itself not yet adopted)
| Question | Answer shown |
|---|---|
| When common expenses are due | Annually |
| Delinquent after | 30 days |
| Late fee / interest | Yes — $25 (the percentage line is blank) |
| Method of applying payments to a delinquent account | ”per Board approval” |
| Returned check charge | Yes — $50 |
| Turnover to the attorney | 90 days delinquent |
| Types of common expense covered | Assessments with late fees; chargebacks (fees-and-fines-only box not checked) |
| Payment plan payoff window | ”per Board approval” (6-month and 1-year boxes not checked) |
| Down payment required | Yes — 25% |
| If an owner fails a payment plan | Attorney proceeds immediately |
| Second payment plan after a failed one | No |
| Waivable to settle an account | Late fees and fines “per Board approval”; attorney fees “no” |
| Evictions | Yes, proceed |
| Pending foreclosure (eviction) | Yes |
| Owner’s unit in foreclosure | Monitor foreclosure and send 30-day notice only, to secure the 6 months’ pre-sale assessments; further steps only on the attorney’s specific recommendation with Board approval |
| Chapter 13 bankruptcy | Pursue post-petition default if the owner falls 90 days behind on post-petition assessments (the attorney’s recommended approach) |
| Personal judgment (wage garnishment, bank search) | Yes, but only on the attorney’s specific recommendation (the balance-threshold line is blank) |
Source: board-packet-2026-10-01 (questionnaire on pages 10–13).
Proposed Resolution mailed to homeowners (October 23, 2026) — not yet adopted
API mailed the proposed Corporate Resolution Concerning Common Expense/Assessment Account Delinquencies to all homeowners with the 2027 budget. The Board is to adopt it at a Zoom Board meeting on Monday, November 23, 2026, 10:00 AM, to which homeowners are invited (per the user, this is the “owners meeting” the notice refers to). The resolution form is unsigned and undated. Source: owners-notice-2027-budget-and-collection-policy.
| Term | Proposed resolution | Resolution ¶ |
|---|---|---|
| Due date / delinquency | Annual assessments due Jan 1; delinquent after 30 days | 1 |
| Late fee | $25 (one-time; no interest or monthly fee stated) | 1 |
| Returned check | $50 | 2 |
| Turnover to counsel | More than 90 days delinquent | 3 |
| Payment plan | Equal installments within 6 months; 25% down; stay current on new assessments; default → counsel proceeds immediately; no second plan after a cure | 4 |
| Application of payments | Oldest/most aged balance first, regardless of owner notation | 5 |
| Counsel process | Tract search and bankruptcy check; 30-day demand (Eviction Act §9-104.1(b)); action for possession plus money judgment; Board notified before the order goes to the DuPage County Sheriff | 6 |
| Mortgage foreclosure | Monitor and report; no action beyond recording a lien without counsel’s recommendation | 7 |
| Chapter 13 | Proof of claim for full pre-petition amount; seek relief from stay once 90 days behind post-petition | 8 |
| Garnishment | After a personal judgment, on counsel’s recommendation | 9 |
| Alternatives | Counsel may recommend lien foreclosure or breach-of-contract action instead of eviction | 10 |
| Scope | Only accounts turned over to counsel after adoption | 11 |
Compared with the questionnaire approved October 1: the resolution fixes the payment-plan window (6 months) and payment application (oldest first), which the questionnaire left “per Board approval,” and says nothing on fee waivers. It otherwise tracks the questionnaire. The notice letter describes the policy as formalizing “the same collection practices the Association has followed for years” and a “compliance formality.”
Collection Timeline
| Trigger | Action |
|---|---|
| 30 days late | Assessment bill mailed with copy of Declaration Sections 7.02–7.03 and collection policy |
| By March 31 | All late fees and finance charges forgiven if assessment paid in full |
| 90 days late | $25 documentation service fee + 18% per annum finance charge (calculated monthly from 31st day of original billing) |
| Balance reaches $1,000+ | 30-day demand letter sent by Management |
| 60 days past due | API authorized to refer account to HOA attorney (per API Management Agreement §5.5) |
| No response to demand letter | HOA may pursue legal action to recover balance including attorney’s fees |
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| 30-day late notice with Declaration policy reference | R&Rs 2013/2021 | 10 |
| Late fees/finance charges forgiven if paid in full by March 31 | R&Rs 2013/2021 | 10 |
| $25 documentation fee after 90 days | R&Rs 2013/2021 | 10 |
| 18% per annum finance charge after 90 days | R&Rs 2013/2021 | 10 |
| $1,000 balance triggers 30-day demand letter | R&Rs 2013/2021 | 10 |
| Legal action possible after unanswered demand letter | R&Rs 2013/2021 | 10 |
| All legal fees charged to unit owner | R&Rs 2013/2021 | 10 |
| API may refer accounts 60+ days past due to HOA attorney | API Management Agreement 2020 | §5.5 |
| $150 API administration fee per account forwarded to attorney (charged to delinquent owner) | API Management Agreement 2020 | Exhibit A §3b |
| Assessments are a lien on each Lot from the date due | Declaration 2004 | 7.01 |
| Assessment is personal obligation of owner at time of assessment | Declaration 2004 | 7.01 |
| HOA collection authority (special assessment and legal action) | Declaration 2004 | 7.02 |
| 18% per annum interest from day 30 of delinquency (calculated monthly) | Declaration 2004 | 7.03 |
Declaration Foundation
The R&Rs’ collection timeline is a procedural layer on top of the Declaration’s authority:
- Section 7.01 — Establishes the lien and personal obligation
- Section 7.02 — Authorizes HOA to pursue legal action (requires 75% Voting Member vote, with exceptions)
- Section 7.03 — Sets the 18% annual interest rate, calculated monthly from the 30th day of delinquency
The R&Rs’ “90-day” threshold for the 18% finance charge is a practical policy milestone; the Declaration’s underlying interest obligation begins at day 30. The R&Rs’ March 31 forgiveness window is a Board policy that waives accrued charges — it does not eliminate the Declaration’s lien rights during that window.
See assessment-structure for the broader Declaration framework on assessment types and vote thresholds.
History
| Date | Event |
|---|---|
| 2018-07-10 | Delinquency summary (arrears report) as of July 10, 2018: total outstanding $10,025.99 across approximately 20 accounts. One unit in active mortgage foreclosure (case 18CH285). Prior minutes (minutes-2018-04-12) had noted 38 delinquent accounts as of early 2018 — by July the count had reduced. Homeowner details redacted per Hard Rule 11. Source: board-packet-2018-07-17 |
| 2018-10-04 | Delinquency snapshot (KSN collection status report) as of October 4, 2018: total arrears $10,005.49. Two active mortgage foreclosure cases: 18CH908 and 18CH964 — neither matches the July 2018 case 18CH285, suggesting either three separate foreclosure matters in 2018 or that 18CH285 resolved and two new cases commenced. This is the earliest confirmed KSN collection status report in the ingested record. Homeowner details redacted per Hard Rule 11. Source: board-packet-2018-10-11 |
| 2019-09-30 | AR Aging (KSN report dated 9/30/2019): total outstanding $8,775.45 across 15 accounts. One active eviction proceeding: filed 9/16/2019, balance $3,891.50, court date 10/9/2019. One prior case resolved at property sale closing on 8/16/2019. Homeowner details redacted per Hard Rule 11. Source: board-packet-2019-10-10 |
| 2020-04-30 | AR Aging: total outstanding $13,227.62 across 27 accounts — an increase from $8,775 in September 2019. Two accounts “With Attorney KSN”: (1) one active eviction case, balance now $5,074.18 (up from $3,891.50 at eviction filing in September 2019); (2) one prior-owner foreclosure case, balance $1,010.06. Standard delinquent account balance: Annual Assessment $320 + Late Fee $25 = $345. KSN continued to bill for the active eviction case ($79.50 in April 2020). Homeowner details redacted per Hard Rule 11. Source: board-packet-2020-05-14 |
| 2020-05-31 | AR Aging snapshot: gross AR $11,082.62 across 20 accounts; net $7,882.62 (after $3,200 allowance for doubtful accounts). Two accounts with KSN: one active collection case at $5,074.18 (significant legal chargebacks — the same case tracked since September 2019 at $3,891.50); one prior-owner case at $1,010.06. Standard delinquent balance: $320 assessment + $25 late fee = $345. McCollisters (535 Shingle Oak Drive) carries $647.51 “Shared Maintenance” — cost-share obligation tracked in PSI system before Board formally authorized billing in April 2021. Homeowner details redacted per Hard Rule 11. Source: board-packet-2020-07-09 |
| 2021-06-30 | AR Aging snapshot: total outstanding $13,228.10, comprising Legal Chargeback 2020 $3,738.32; Delinquent Fee 2020 $575.00; Delinquent Fee 2021 $300.00; Delinquent Interest 2021 $530.73; Owner Assessment 2020 $4,243.79; Owner Assessment 2021 $3,840.26; PrePaid ($2,423.46). The persistent 2020 legal chargebacks ($3,738.32) reflect ongoing KSN collection activity from the prior year. Homeowner details redacted per Hard Rule 11. Source: board-packet-2021-07-15 |
| 2022-03-31 | AR Aging snapshot: gross AR $22,750.59; net AR (after prepaid credits) $19,173.71. Breakdown: Legal Chargeback 2020 $3,691.32; Owner Assessment 2020 $4,243.79; Owner Assessment 2021 $2,240.14; Owner Assessment 2022 $9,834.04; Delinquent Fees (2020–2022) $1,349.02; Delinquent Interest (2021–2022) $1,392.28; PrePaid ($3,576.88). Persistent 2020 legal chargebacks ($3,691.32) reflect ongoing KSN collection activity. Homeowner details redacted per Hard Rule 11. Source: board-packet-2022-04-14 |
| 2022-06-30 | AR Aging snapshot: gross AR $16,580.41; net AR (after prepaid credits) $13,003.53. Breakdown: Legal Chargeback 2020 $3,691.32; Delinquent Fees 2020 $549.02, 2021 $175.00, 2022 $275.00; Delinquent Interest 2021 $1,334.66, 2022 $164.46; Owner Assessment 2020 $4,243.79; Owner Assessment 2021 $2,240.14; Owner Assessment 2022 $3,907.02; PrePaid ($3,576.88). Three accounts in “Legal Collections” with KSN (combined balance ~$9,981); remaining accounts at “Final Notice” or “Statement” status. Gross AR declined from $22,751 (March) to $16,580 (June) — likely due to partial payments and prepaid credit settlements. Homeowner details redacted per Hard Rule 11. Source: board-packet-2022-07-21, board-packet-2022-11-21, board-packet-2023-01-19 |
| 2022-10-31 | AR Aging snapshot: gross AR $16,075.17; net AR (after prepaid credits) $10,998.29. Statement Fee appears as a distinct AR category for the first time in this aging (prior periods showed only Owner Assessment, Delinquent Fee, Delinquent Interest, and Legal Chargeback). Fine category also appears for the first time. Homeowner details redacted per Hard Rule 11. Source: board-packet-2022-11-21, board-packet-2023-01-19 |
| 2022-12-31 | AR Aging year-end snapshot: gross AR $9,062.14; Bad Debt Allowance ($4,000.00); net per books ~$5,062. Significant decline from October ($16,075 gross) reflects year-end write-off decisions and the $4,000 bad debt reserve. Category breakdown: Owner Assessment 2020 $2,082.06; Owner Assessment 2021 $1,280.08; Owner Assessment 2022 $1,969.74; Legal Chargeback 2020 $1,003.87; Statement Fees 2022–2023 $850.02; Delinquent Interest 2021–2022 $1,007.15; Delinquent Fees 2020–2022 $479.22; Fine 2022 $400.00; Collection Fee credit ($10.00). Prepaid Assessments (liability): $27,436.28. Homeowner details redacted per Hard Rule 11. Source: board-packet-2023-01-19 |
| 2023-03-31 | AR Aging snapshot: gross AR $22,307.22 (bad debt allowance $4,000; net ~$18,307). Jump from $9,062 at year-end 2022 reflects Q1 billings going out plus accumulated delinquent balances. Homeowner details redacted per Hard Rule 11. Source: board-packet-2023-05-11 |
| 2023-09-30 | AR Aging snapshot: gross AR $18,503.06 (bad debt allowance $4,000; net ~$14,503). Homeowner details redacted per Hard Rule 11. Source: board-packet-2023-10-26 |
| 2023-12-31 | AR Aging year-end snapshot: gross AR $17,139.04 (bad debt allowance $4,000; net ~$13,139). [Address redacted] account still shows “Previous Owner Jp Morgan” — May 2023 settlement not yet fully resolved on books as of year-end. Homeowner details redacted per Hard Rule 11. Source: board-packet-2024-01-18, board-packet-2024-04-11, board-packet-2024-07-11 |
| 2024-03-31 | AR Aging snapshot: gross AR $26,759.21 (bad debt allowance $4,000; net ~$22,759). Significant jump from year-end 2023 ($17,139) reflects Q1 2024 assessments billed and accumulated delinquencies. AR summary by category shows Owner Assessment 2024 at $7,734.02 — confirming 2024 assessment = $350.00/unit. KSN still appearing as collection status label on several accounts. [Address redacted] (former JP Morgan account) reduced to $278.75 — partial resolution ongoing. Homeowner details redacted per Hard Rule 11. Source: board-packet-2024-04-11 |
| 2024-06-30 | AR Aging snapshot: gross AR $21,217.06 (down from $26,759 in Q1 — improvement); bad debt allowance unchanged at $4,000; net AR ~$17,217. Total AR per aging report: $21,051.16 (minor rounding difference from balance sheet). Write-offs approved at July 2024 meeting: three previous-owner balances written off — $76.25 (sold home, balance carried forward); $278.75 (the long-tracked “[Address redacted]” prior-owner balance); $1,010.06 (prior-owner legal/fee balance). Total write-offs: $1,365.06. Hearing confirmed for [address redacted] — homeowner requested review of statement fees/interest charges; hearing held 7/11/2024 immediately following board meeting. Homeowner details redacted per Hard Rule 11. Source: board-packet-2024-07-11 |
| 2024-09-30 (Q3) | AR Aging snapshot: gross AR $19,715.44 (bad debt allowance $4,000; net ~$15,715). AR summary total from aging report: $19,765.44 (minor rounding difference from balance sheet). Cost Share Receivable $9,070.16 remains unchanged — commercial parties still not paying after at least 4 consecutive quarters at this level. [Address redacted] account: $0.00 balance (consistent with July 2024 board decision to waive charges). Homeowner details redacted per Hard Rule 11. Source: board-packet-2024-10-24 |
| 2024-12-31 (year-end) | AR Aging year-end snapshot: gross AR $20,962.14 (bad debt allowance $4,000; net ~$16,962). Cost Share Receivable $9,070.16 unchanged — 5th consecutive quarter. Aging summary: Over-90 positive balance $20,408.89; Current net ($32,924.72 prepaid credits). Key status changes: [Address redacted] escalated from “Statement” to “Foreclosure” — CS&R filed 30-day demand letter December 2024 ($258.85 legal charge; last payment $345.02 on 03/29/2021; 2022-2024 assessments unpaid). Five homeowners with balances above $500: [Address redacted] $3,153.51; [Address redacted] $3,153.36; [Address redacted] $2,702.76; [Address redacted] $2,497.51 (last payment Jan 2022); [Address redacted] $2,070.35 (Foreclosure). [Address redacted] confirmed at $0.00 — reclassification entries visible in AR but net balance zero; waiver effective. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-01-16, board-packet-2025-04-24 |
| 2025-02-28 (Feb interim) | AR Aging snapshot: gross AR $28,310.57. Key changes from Dec 2024: [Address redacted] paid $3,764.86 on 2/7/2025; $50 CS&R fee remains on account. Cost Share Receivable reclassified — 2023 cost share invoices processed ($5,299.00 balance replaces prior $9,070.16 receivable; 2024 cost share billed separately in AR). [Address redacted] balance $3,840.60; [Address redacted] balance $2,298.07 (CS&R demand active); [Address redacted] balance $2,702.76; [Address redacted] balance $2,705.13. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-04-24 |
| 2025-03-31 (Q1) | AR Aging snapshot: gross AR $25,414.50 (down from $28,311 in February). [Address redacted] paid in full 3/27/2025 — balance cleared; CS&R case closed. [Address redacted] mortgage foreclosure dismissed 3/7/2025; HOA assessment collection suit filed 3/26/2025 — court date 4/17/2025 (homeowner no-show, continued to 5/1/2025). CS&R demand sent to [Address redacted] 3/10/2025; awaiting board direction to file suit. Remaining major balances: [Address redacted] $2,702.76; [Address redacted] $2,705.13. 2024 cost share $14,369.16 outstanding across 3 commercial parties. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-04-24 |
| 2025-04-17 (Apr interim) | AR Aging snapshot: gross AR $37,125.97 (includes $14,369.16 in 2024 cost share billings). Excluding cost share, owner AR ~$22,757. [Address redacted]: CS&R demand sent 4/16/2025; deadline 5/24/2025. [Address redacted]: settlement agreement sent to owner’s attorney 4/17/2025 — terms not disclosed. [Address redacted] assessment suit active (next court date 5/1/2025). [Address redacted]: CS&R awaiting board direction. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-04-24 |
| 2021-07-15 | Board approved policy to drop any late fees of $25 or less. New homeowner packets mailed with updated policies. Source: minutes-2021-07-15 |
| 2021-11-11 | Board raised fee-waiver threshold to $50 or less (supersedes July 2021 $25 threshold). Management company instructed to drop any outstanding fees at or below this amount. Source: minutes-2021-11-11 |
| 2022-07-21 | Board formally adopted delinquent account policy: 18% annual interest imposed on past-due balances plus $25 late fee per month. Monthly statements to be mailed to all delinquent accounts. Board stated this aligns with Declaration §7.03. Source: minutes-2022-07-21 |
| 2023-05-11 | Executive session: homeowner at [address redacted] disputed delinquent balance. Background (from board packet): property purchased from JP Morgan (bank-owned foreclosure) on 12/20/2019; assessment statements had been mailed to JP Morgan’s Columbus, OH address and returned to sender. Account was never transferred to new owner’s name. New owner willing to pay base assessments for 2020–2023 (~$1,323 in base assessments). Board agreed to settle for $1,400 payable within 10 days; homeowner advised to consult closing attorney about the bank’s failure to disclose HOA obligation. Source: board-packet-2023-05-11, minutes-2023-05-11 |
| 2024-01-18 | Treasurer flagged inconsistencies in how delinquent interest fees are being applied. Management directed to review ledger. Confirmed: $25 statement fee per month should be applied. Source: minutes-2024-01-18 |
| 2024-04-11 | Board approved sending certified mail (with signature receipt) to all delinquent accounts over $1,000 in arrears ($100 budget). Board also discussed that waiting until home sale is often the best collection option, as legal action may not recoup cost. Management directed to send explanatory letters (not formal demand letters) and simplify statements. Source: minutes-2024-04-11 |
| 2024-07-11 | Executive session: homeowner requested fee/interest waiver — Board agreed to drop additional charges. Board also approved write-offs of most outstanding fees resulting from prior-owner or prior-management carry-overs (all approved except one pending investigation). Source: minutes-2024-07-11 |
| 2025-01-16 | Executive session with CSR attorney (Savannah Theil): unit in foreclosure — attorney recommends no action pending more info. Discussion of Illinois Eviction Act for non-foreclosure delinquents. Board approved pursuing order to vacate for the three highest delinquent properties — significant enforcement escalation. Source: minutes-2025-01-16 |
| 2025-04-24 | Executive session: AR (Accounts Receivable) subcommittee formed — Mike Coker and Mark Hanley — to streamline attorney communication and delinquent decision-making. MC presented a proposed collections process; attorney to review before formal adoption. Source: board-packet-2025-04-24 |
| 2025-04-30 (Apr interim) | AR Aging snapshot: gross AR $36,834.81 (includes cost share receivable). [Address redacted]: $913.80 CS&R legal chargeback remains on account despite assessment payoff 3/27 — later written off as bad debt in May. [Address redacted]: $1,582.58 outstanding; CS&R demand active; deadline 4/17/2025 (no payment by deadline). [Address redacted]: assessment suit active; court 4/17/2025. [Address redacted]: CS&R demand sent 4/16/2025; deadline 5/24/2025; balance $2,353.09. [Address redacted]: settlement agreement sent to owner’s attorney 4/17/2025; balance $3,461.19. [Address redacted]: balance $1,104.58; no legal action yet as of April letter. Two charges removed per attorney as past 10-year statute of limitations: $660 removed from one account (2015 charges). Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-07-17 |
| 2025-05-15 | [Address redacted] paid in full — last payment $1,143.19 on 5/15/2025; CS&R case dismissed, file closed. Account now shows small prepaid credit. Source: board-packet-2025-07-17 (CS&R June 2025 letter) |
| 2025-05-31 (May snapshot) | AR gross $33,858.30. [Address redacted] $913.80 written off as bad debt expense in May — only legal chargeback remained after March assessment payoff; board approved write-off. [Address redacted]: prepaid credit ($456.29) — case closed. [Address redacted]: court 4/17 (defendant no-show, continued); court 5/1 (no-show again; agreement entered and case dismissed — payment plan $300/month starting 4/29/2025 until final payment $252.19 due 6/29/2026; annual assessments also due). [Address redacted]: CS&R demand sent 5/6/2025; deadline 6/13/2025. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-07-17 |
| 2025-06-09 | [Address redacted]: suit filed. Owner reached out about payment plan 6/13; sent payment plan proposal 6/19 (forwarded to board by CS&R). Court date 7/10/2025. Source: board-packet-2025-07-17 (CS&R July 2025 letter) |
| 2025-06-25 | [Address redacted]: suit filed. Court date 7/24/2025. Source: board-packet-2025-07-17 (CS&R July 2025 letter) |
| 2025-06-30 (Jun snapshot) | AR gross $33,311.20. AR total per aging (excluding prepaid): $19,347.29. Active legal collection cases: [Address redacted] (suit filed 6/25; court 7/24); [Address redacted] (suit filed 6/9; payment plan proposed by owner; court 7/10); [Address redacted] (settlement agreement stalled since 4/17); [Address redacted] (payment plan active — $300/month). CS&R July 2025 letter: Action Items: NONE — first clean action-item slate in multiple consecutive monthly letters. Homeowner details redacted per Hard Rule 11. Source: board-packet-2025-07-17 |
| 2025-07-10 | [Address redacted] eviction order entered — $3,866.32 at court hearing 7/10/2025. Order of possession expires October 10, 2025; after that HOA may place eviction order with sheriff. Payment plan proposal submitted by owner 6/19 forwarded to board — no acceptance confirmed. Source: board-packet-2025-10-30 (CS&R August 2025 letter) |
| 2025-07-17 | One delinquent account proceeding to eviction. Late fee waived for homeowner who was overseas when bill arrived and paid upon return. Source: minutes-2025-07-17 |
| 2025-07-23 | [Address redacted] — CLOSED. [Address redacted] paid in full 7/23/2025; case dismissed 7/24/2025. File closed. Source: board-packet-2025-10-30 (CS&R August 2025 letter) |
| 2025-07-31 (Jul snapshot) | AR gross $32,341.90 (bad debt allowance $4,000; cost share receivable ($5,299)). Active cases: [Address redacted] (eviction order; possession expires 10/10); [Address redacted] (settlement stalled); [Address redacted] (payment plan $300/month). [Address redacted] closed. Source: board-packet-2025-10-30 |
| 2025-08-07 | CS&R demand letters sent to three new accounts: [Address redacted], [Address redacted], [Address redacted]. Deadline all three: September 14, 2025. Source: board-packet-2025-10-30 (CS&R October 2025 letter) |
| 2025-08-31 (Aug snapshot) | AR gross $32,279.18 (bad debt allowance $4,000). Source: board-packet-2025-10-30 |
| 2025-09-19 | [Address redacted]: suit filed — court date 10/23/2025. [Address redacted]: new offsite address found — new demand sent 9/23/2025; new deadline 10/31/2025. Source: board-packet-2025-10-30 (CS&R October 2025 letter) |
| 2025-09-22 | CS&R demand letters sent to two additional new accounts: [Address redacted] and [Address redacted]. Deadline both: October 30, 2025. Source: board-packet-2025-10-30 (CS&R October 2025 letter) |
| 2025-09-30 (Sep snapshot) | AR gross $33,174.01 (bad debt allowance $4,000). Source: board-packet-2025-10-30 |
| 2025-10-01 | [Address redacted]: CS&R awaiting board direction — direction requested from board as of 10/1/2025. Source: board-packet-2025-10-30 (CS&R October 2025 letter) |
| 2025-10-10 | [Address redacted]: order of possession expires — HOA eligible to place eviction order with sheriff. Status after this date not confirmed in any ingested source. Source: board-packet-2025-10-30 |
| 2025-10-23 | [Address redacted]: court date. [Address redacted]: Motion to Reinstate scheduled — suggests payment plan default; motion would reopen the previously dismissed HOA suit. Source: board-packet-2025-10-30 (CS&R October 2025 letter) |
| 2025-10-27 | [Address redacted]: suit filed — [Address redacted]. Court date 11/20/2025. Source: board-packet-2026-01-15 (CS&R November 2025 letter) |
| 2025-10-31 | [Address redacted]: suit filed. [Address redacted]: suit filed ([Address redacted]). Both court dates 12/18/2025. Source: board-packet-2026-01-15 (CS&R December 2025 letter) |
| 2025-10-31 (Oct snapshot) | AR gross $32,356.42 (bad debt allowance $4,000). Source: board-packet-2026-01-15 |
| 2025-11-19 | [Address redacted] — CLOSED. [Address redacted] paid in full 11/19/2025; case dismissed 11/20/2025, file closed. Source: board-packet-2026-01-15 (CS&R December 2025 letter) |
| 2025-11-20 | [Address redacted]: suit filed ([Address redacted]). Court date 12/15/2025. Source: board-packet-2026-01-15 (CS&R December 2025 letter) |
| 2025-11-21 | [Address redacted]: owner provided balance to pay by December 1, 2025. Court 12/18/2025 if not paid. Source: board-packet-2026-01-15 (CS&R December 2025 letter) |
| 2025-11-30 (Nov snapshot) | AR gross $30,916.95 (bad debt allowance $4,000). Source: board-packet-2026-01-15 |
| 2025-12-22 | [Address redacted]: order of possession expires — HOA eligible to place eviction order with sheriff if account not brought current. CS&R requested ledger 12/2. Court date not listed in December letter. Source: board-packet-2026-01-15 (CS&R December 2025 letter) |
| 2026-01-14 | One delinquent homeowner paid in full following collection activities. MC requested attorney’s collection status report and confirmation that collections are reflected in the HOA financials. Source: minutes-2026-01-14 |
| 2025 (full year) | Year-end financials confirm the legal enforcement approach is self-financing: $13,836.05 in owner legal fees (7100-03) was exactly offset by $13,836.05 in Legal Chargeback income (6140-00), netting to $0 cost to the HOA. Bad debt expense was $913.80. Late interest collected: $1,019.57. Mailing/printing costs of $7,904.16 (vs. $3,000 budget) reflect the certified mail campaign and eviction notices. Source: year-end-report-2025 |
| 2026-03-31 (Q1) | May 2026 board packet AR summary (as of March 31, 2026) shows: 2 cases fully resolved (1 paid in full, 1 foreclosure dismissed); 1 account with a signed settlement agreement in place; 1 active mortgage foreclosure with a redemption date of August 7, 2026. Source: board-packet-2026-05-07 |
| 2026-04-10 | [Address redacted] — new default cycle. Demand letter sent 4/10/2026; deadline 5/18/2026; lawsuit filed 6/22/2026; court scheduled 7/30/2026 9AM. This follows the payment plan established in 2025 ($300/month through 6/29/2026) — the new suit suggests the plan was not completed as agreed, or a new delinquency arose. Source: board-packet-2026-07-16 |
| 2026-04-22 | [Address redacted] — status shifts to FORECLOSURE. Mortgage foreclosure filed 4/22/2026 (separate from the assessment-collection suit filed 10/31/2025); CS&R served as registered agent 5/6/2026; corresponded with managing agent 5/21/2026; no new activity as of 6/12/2026; status hearing scheduled 8/19/2026. Source: board-packet-2026-07-16 |
| 2026-04-22 | [Address redacted] — foreclosure judgment entered. Mortgage foreclosure originally filed 12/23/2025; CS&R served as registered agent 12/29/2025; case scheduled for entry of judgment 3/10/2026; motion to substitute party defendant 4/8/2026; judgment entered 4/22/2026 in the amount of $430,355.40 with a redemption date of August 7, 2026. This is the same case previously noted only in generalized form (“1 active mortgage foreclosure with a redemption date of August 7, 2026”) in the May 2026 board packet. Source: board-packet-2026-07-16 |
| 2026-06-15 | New June 2026 demand letters (4 accounts): [Address redacted] — deadline 7/23/2026, a new delinquency following the account’s full payoff in February 2025. [Address redacted] — deadline 7/23/2026. [Address redacted] — deadline 7/23/2026. [Address redacted] — deadline 7/23/2026. Source: board-packet-2026-07-16 |
| 2026-06-15 | [Address redacted] — new delinquency and dispute. Demand letter sent 6/15/2026; owner submitted a dispute 6/22/2026; deadline to pay in full or dispute (final) 7/23/2026. This is a new delinquency following the account’s full payoff in March 2025. Source: board-packet-2026-07-16 |
| 2026-06-22 | [Address redacted] — new demand letter. Demand sent 6/22/2026; deadline 7/30/2026. Status of the suit filed 11/20/2025 (court 12/15/2025) not confirmed by any ingested source between then and this new demand — may indicate the prior case resolved and a new delinquency has since accrued. Source: board-packet-2026-07-16 |
| 2026-08-31 | AR snapshot from the August balance sheet: gross AR $24,855.91 (bad debt allowance $4,000; cost share receivable ($5,299.00) unchanged). Up about $1,669 from $23,186.96 at June 30. Legal chargebacks YTD $5,941.64, matched by identical owner legal fees. No CS&R status letter was included in the October 1 packet. Source: financial-report-2026-08 |
| 2026-10-01 | Collections Policy Questionnaire approved by the Board as shown in the packet (NS motion, MH second); policy to go to homeowners with 30 days’ notice, adoption at a November Zoom meeting before 1/1/2027 (minutes-2026-10-01). Earlier the same day the packet presented the completed questionnaire — see next row. |
| 2026-10-01 | Completed Collections Policy Questionnaire presented (see “Questionnaire answers as proposed” above); policy adoption planned for a November 2026 owners’ meeting and Board meeting; legal deadline January 1, 2027. Source: board-packet-2026-10-01 |
| 2026-10-23 | API mails the proposed Collections Resolution to all homeowners with the 2027 budget; adoption planned at the Board’s Zoom meeting on 11/23/2026, 10:00 AM (homeowners invited). Source: owners-notice-2027-budget-and-collection-policy |
Open Questions
- Resolution vs. existing practice (October 2026). The October 23 notice calls the resolution a formalization of existing practice, but it omits the 18% annual interest (Declaration §7.03; July 2022 Board policy), the $25 monthly fee and the March 31 forgiveness window, and sets turnover at 90 days against API’s 60-day referral authority (Agreement §5.5). Whether adoption supersedes those items, and how the Declaration’s 18% interest is treated, is not stated.
- Fee waivers. The questionnaire said late fees and fines are waivable per Board approval and attorney fees are not; the resolution is silent, so the Board’s existing waiver practice (e.g., the $50 threshold from November 2021) is not addressed.
- Accounts already with counsel. ¶11 excludes accounts turned over before adoption; the ones currently with CS&R continue under the old, undocumented process.
- The July 2022 formalization adds a $25/month flat late fee on top of the 18% annual interest. This is distinct from the earlier “$25 documentation service fee after 90 days” in the R&Rs. Whether this supersedes or supplements the R&R Section 10 timeline is not stated.
- Questionnaire vs. existing late-fee/interest policy (October 2026). The proposed questionnaire answer is a flat $25 late fee with the percentage line blank. Existing policy is 18% annual interest from day 30 (Declaration §7.03; July 2022 Board policy) plus a $25 monthly late fee, and the R&Rs’ $25 documentation fee plus 18% at 90 days. It is not stated whether the new policy keeps the 18% interest, whether the $25 is one-time or monthly, or whether it replaces the March 31 forgiveness window.
- Attorney-turnover trigger: 90 days (questionnaire) vs. 60 days (API Management Agreement §5.5 — referral authority at 60 days past due). It is unclear whether the policy is meant to override the contract term or whether API’s 60-day referral authority simply becomes unused.
- Questionnaire provenance and open terms. The Board approved the answers as shown on October 1, 2026; the packet does not say who typed them, though the minutes say “see comments from Costello” and the form carries CS&R’s recommended approaches for bankruptcy and personal judgment. The “per Board approval” entries leave payment-plan length, payment application and fee waivers undefined in the policy itself, and the Board’s discussion of the conflicts above (18% interest, 60- vs. 90-day referral) is not recorded.
- Assessment due date. The questionnaire states assessments are due annually; confirm this matches the billing practice in assessment-structure and the R&Rs before the policy is adopted.