Collections
Covenant Violations
Real Estate Signs
Windows
Collections Policy for Annual TROA Assessemnts,
Monthly Maintenance Assessments (Greenview & Riverwalk), and Lot Mowing
Fees
Annual TROA Assessments are due on January 1st and will be considered
delinquent if full payment is not received by the January 31st. A $20
late fee will be applied at the end of each month until
the Assessment is paid in full. Riverwalk & Greenview Monthly Maintenance
Assessments are due on the 1st of the each month and will be considered
delinquent at the end of that month. A $20 late fee will be applied at
the end of each month until the Monthly Assessments are
paid in full.
- The 1st Delinquency Notice will be sent at the end
of the month in which the account becomes delinquent (at 30 days…February
1st for Annual Assessments). If the Assessment is paid in full and only
has an outstanding late fee for one month…the late fee will be
waived.
- If full payment is not received within 30 days of the 1st Notice…a
2nd Delinquency Notice will be sent (at 60 days…
March 1st for Annual Assessments). A $20 late fee will be applied to
the March 1st invoice and each month thereafter until the Assessment
and late fees are paid.
- If the account is still not paid in full after 90 days (on April 1st
for Annual Assessments) or if the amount due is over $300 (including
Assessments, late fees, & mowing fees)…the owner will receive
a final 15-day Response Demand Letter. If there is
no response to the Demand Letter …a lien will be placed on the
property. A copy of the notice of lien may be mailed to the Owner and
to the mortgage lender…with a request that the lender send a letter
to the owner to collect the money due.
- Any account that is still not paid after 150 days (on June 1st for
Annual Assessments) and with a balance over $500 (including Assessment,
late fees, legal fees & mowing fees) may be foreclosed. Each foreclosure
will be voted on by the Board after the Owner’s payment history
is reviewed to see if there is a pattern of late payment. An “Intent
to Foreclose” letter will be sent to delinquent Homeowner
and mortgage lender within five days and a Foreclosure action will be
filed with Durham County Clerk of Court within 10-20 days from the letter.
A Hearing will be set for 35-40 days later and an “Order of Foreclosure”
will be obtained at hearing. A Notice of Sale will be published and
the Association may put in a bid. At this point…the owner will
be evicted.
- TROA is entitled to recover reasonable attorney’s fees and collection
costs incurred in the collection of assessments or other charges due
from the owner. These attorney’s fees will be due and payable
immediately when incurred.
- Payments received from an Owner will be credited in the following
order: legal fees, court costs and other costs of collections…late
charges…all other charges incurred by the association as a result
of a violation by an owner or his “agents” of Declaration,
bylaws, rules and regulations or resolutions….the Assessment for
a unit, including any accelerated, special assessment, or annual portion
of Property/Liability insurance premium due.
- The Board may waive the provisions of this Policy if the Owner files
a petition in writing showing personal hardship. The Board will appropriately
document any action taken in these conditions and may also vote to modify
these provision as appropriate in each case (i.e., extend time for filling
lawsuits or liens).
Mowing Fees
TROA offers to mow the streetscape of any un-built lots and lot owners
will receive a letter describing this service in February. The owner must
contact our Management Company, HRW, to advise them if they prefer to
maintain the lot on their own within 14 days. If the owner fails to respond…or
does not maintain the lot as required…TROA will maintain the lot
and bill the owner for the service. These fees become part of assessments
and are collectible if unpaid.
In addition, if an Owner of any lot (built or un-built) does not adequately
maintain it…TROA will send them a letter asking them to do so. If
Owner does not take care of the lot within 14 days, the Association will
maintain the lot and bill the owner for the service.
Violations of the Covenants
According to the Covenants and By-laws…the TROA Board is authorized to
enforce all rules and regulations established under the Covenants. They
can also punish owners who violate the Covenants with monetary fines…or
suspension of voting rights or right to use common areas. And…they have
the right to pursue legal options to address violations or abate nuisance
situations.
Owners who are found to be in violation of the Declaration of
Covenants, Conditions, and Restrictions for TROA and/or of the
Attachments or Exhibits associated with them will receive a violation
letter summarizing the infraction and outlining the procedures for correcting
it. If the infraction is not corrected within two weeks (14 calendar days),
the owner will receive a second violation letter. If the infraction remains
another two weeks (14 calendar days) after the second notice is sent…the
owner will receive a third violation letter which gives the alleged violator
ten (10) days to correct the infraction to avoid a hearing before the
Board.
At the Hearing, the owner will have an opportunity to present evidence
as to the alleged violation. If the Board does not feel the evidence is
sufficient to mitigate the alleged violation, the Board shall impose fines
(up to $25 per day) until the violation is corrected. The Board may also
suspend the right of the owner to vote in Association matters. All fines
are subject to TROA's Collections Policy.
Real Estate Sign Specifications
for the Sale of Individual Homes
As Established by the TROA Board
- Maximum Dimensions (as per City of Durham &
Industry Standards)
Maximum Height:
38.5 inches
Face Area: 864
square inches
- All information must be confined to “Face Area” of sign.
- Only one sign is permitted for each Property.
- No signs are permitted on Golf Course side of Property.
- “For Sale by Owner” signs are permitted
if they meet the above specifications.
- “For Rent” signs are not permitted.
- “Open House” signs are permitted on the
day of the “Open House” but they must be removed at the
end of the day.
Replacement Windows and Siding
Policy Guideline for Treyburn Homeowners
Simulated Divided Light Windows and Cement-Fiber Siding
January 21, 2009
Based on the 29th Amendment, dated October 27, 2005, to Declaration of Covenants, Conditions, and Restrictions for Treyburn Residential Owners Association and Design Guidelines, the following variances listed below are approved.
1) Simulated Divided Light (SDL) windows.
2) Cement-Fiber siding.
The New Construction Committee (NCC) has approved these updates for at least four years by adapting Design Guidelines to match newer / improved construction materials.
This policy provides consistency with the New Construction Committee.
Approval of Treyburn Modifications Committee is required prior to any replacement of windows or siding on existing homes.
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