Assessment Collection Procedures

PROCEDURE FOR COLLECTING THE ANNUAL SERVICE FEE

  1. ROUTINE COLLECTIONS
  1. The Annual Service Fee includes the Lake Barcroft Association (LBA) covenant fee and an annual special assessment for the funding of LBA activities. This Fee is due no later than January 1 each year provided that more than twenty (20) days’ notice is provided based on the postmark date of the invoice envelope. Authority to impose these annual costs, also referred to as membership fees, derives from the LBA Homeowner Declaration, Article IV of the LBA Bylaws, and the Virginia Property Owner Association Act (VPOA) (VA Code Title 55.1, Chapter 18).
  2. All documents, correspondence, and notices relating to assessments or charges shall be mailed to the address which appears on the books of the Association or to such other address as is designated in writing by a member to the Association.
  3. If a member (lot owner) does not receive an invoice, the member still has the obligation to pay the amount due no later than January 1.
  1.  REMEDIES FOR NONPAYMENT OF THE ANNUAL SERVICE FEE
  1. Late Fee. The Annual Service Fee is due by January 1. An unpaid Fee is delinquent 60 days later (after March 2) and a late fee of five percent (5%) will be added to the amount due.
  2. Returned Checks. If a check is returned the returned check fee charged by the bank will be added to the amount due from the member.
  3. Late Notice. A late notice shall be sent by the LBA membership chair or the Lake Barcroft Association manager to the member who has not paid the Annual Service Fee, or any other amounts due, in full, by March 2 each year. The notice shall state that the rights of the member to use the common areas and services provided through the Association will be suspended on May 1st and that the member may request a hearing regarding the proposed suspension.
  4. Payments of Past Due Amounts. Payments received from a member for the Annual Service Fee or other charges will be applied first to any past due amounts and late charges and then will be applied to current dues obligations.
  5. Memorandum of Lien. If the amounts due on January 1 of the given year are not paid on time, the outstanding balance is deemed to be a lien against the member’s lot. The Association will, after 180 days (or July 1 of the same year), record a Memorandum of Lien in the Clerk’s Office of the Fairfax Circuit Court. The Association will mail a notice to the delinquent member (lot owner) at least 10 days before recording the Memorandum of Lien.
  6. Collection of Past Due Amounts. If a member (lot owner) fails to pay any unpaid Fees, the Association may seek collection in any of the following manners: (1) a suit under VPOA Section 55.1-1828 to seek collection of any outstanding amounts regardless of whether a Memorandum of Lien has been filed; or (2) if a Memorandum of Lien has been filed, the Association may: (a) bring suit to enforce the lien; or (b) force a public sale of the delinquent lot. (VPOA Section 55.1-1833 (E) and (I)). The LBA Board intends to decide about collection of any unpaid Fees within 12 months of the due date for the Fee.

As Approved July, 2021