Salt Pond Golf Course Special Assessment Terms and Conditions
The
basic policies relating to the special assessment for acquisition of the golf
course land and business are as follows:
·
Interest and transaction costs on installment
payments – Included in all first payments on November 5, 2007 is an
allowance for closing costs. There are no interest or transaction fees for
owners paying the full $5,000 special assessment up front or for owners paying
the first $1,800 installment payment on time. The assessment payments,
interest, and nominal transaction costs on the second and third installment
payments are as follows:
On November 5, 2008 = $1,825
On November 5, 2009 = $1,825
·
Late fee
-- There will be a 5% late fee if payments are not received by Legum &
Norman before the end of the established grace period- December 5, 2007. The
second and third installment payments will be delinquent if payment is not
received by December 5, 2008 and December 5, 2009, respectively.
- Additional interest if delinquent
–If
payments are not received when due – in this case no later than December
5, 2007, 2008, and 2009 -- additional interest will accrue to the
delinquent homeowner. This rate will be based on the then applicable legal
rate of interest, as provided for in the Salt Pond Declaration of
Covenants, Conditions, and Restrictions (“Declaration”) and under Delaware law.
- Policy on delinquent payment
– The
Declaration further states: “If any Assessment is not paid on the
date when due … such Assessment shall be deemed delinquent and shall
together with such interest…and cost of collection, including reasonable
attorney’s fees … continue as a lien on the lot or unit and any structure
built thereon…”. For delinquent owners, privileges to SPHA recreational
facilities will be suspended immediately after the grace period. SPHA can initiate foreclosure
proceedings on the lien, and seek a legal judgment by which it can use
legal methods to collect such judgment.
- If owner sells
before the total payment is made – The current owner must disclose to
the prospective buyer that there is a special assessment outstanding on
the property. If the owner plans to
settle or close on the property before the full amount of the assessment
is paid, the entire payment (including interest and fees owed) is due and
payable to SPHA at settlement. If the full payment is not paid prior to
settlement, action, as defined in Article VI,
Section 7, of the Declaration,
can
be initiated against the selling owner and a lien can be placed on the
property. As defined in Section 8. Subordination of the Lien to the
First Mortgage, “no sale or transfer shall relieve such lot from
liability for any assessments thereafter becoming due to from the lien
thereof”.
- If owner does
not respond to assessment letter – If the owner does not respond to the
assessment letter, the owner has waived the installment option and is
deemed to have selected the full payment option and the full payment is
due on November 5, 2007. If payment is not made by the end of the grace
period, the collection process, late fee, and delinquency interest
provision as defined in Article VI, Section 7, referred to above, can be
initiated.
If
the owner submits the assessment coupon and does not submit payment - In this case, Legum
& Norman will contact the owner and ask for the owner to submit a payment.
If no payment is submitted by the time the payment is due, the same policies as
a “non-responding owner” will be initiated.
Important Note: If a SPHA owner does not return the coupon
and payment by the end of the grace period (December 5, 2007), the owner waives
the installment option and is deemed to have selected the full payment option.