The Board shall also vote to approve foreclosure on a Lien which vote shall occur at least thirty (30) days prior to any public sale of the Owner’s separate interest property. The Board shall deliver notice of the decision to foreclose by personal service on the Owner or the Owner’s legal representative, and by first class mail, postage pre-paid to non-occupant Owners at the most current address shown on the Association’s books. These limits do not apply to timeshares or assessments owed by developers. Non-judicial foreclosure will then be commenced by the Association’s law firm pursuant to the CC&R’s, and Civil Code 5700(a), 5710(a), 5735, and 5710(c)(1)-(2), and 2924, et.seq.as follows: (a) “Initiate Foreclosure”- Notice of Default and Election to Sell (NOD). A notice of Default and Election to Sell (NOD) will be recorded with the County Recorder’s Office which puts property into foreclosure. The Association cannot continue with the non-judicial foreclosure on the property for ninety (90) days from the date the NOD is recorded. The delinquent Owner is responsible for all fees and costs incurred to initiate foreclosure in addition to the delinquent assessments, late charges, and interest. (b) “Approve Foreclosure”- Notice of Sale. If the delinquency is not cured within ninety (90) days of the Notice of Default being recorded, and upon receipt of approval and authorization of the action by the Board pursuant to a vote, the attorney will proceed by recording, publishing and posting a Notice of Sale. The delinquent Owner is responsible for all fees and costs incurred to prepare, record, publish and post the NOS, in addition to the delinquent assessments, late charges and interest. 13. Partial Payments- Any assessment payments received from a delinquent Owner will be applied to that Owner’s account. However, absent receipt of payment in full of all amounts due, the Association will proceed with any collection action initiated against the Owner’s separate interest or the delinquent Owner personally pursuant to and consistent with the requirements of California statutory and case law unless the payments are remitted pursuant to a written payment plan approved by the Board. 13. Redemption An Owner may redeem the property foreclosed upon by the Association by paying all amounts due and owing within ninety (90) days of the date of the foreclosure sale. 14. Lawsuit The Association may, at any time, determine to file a personal lawsuit against the delinquent Owner to recover all delinquent charges pursuant to relevant law. All costs and attorney’s fees in connection with the lawsuit, in addition to the delinquent charges and other collection costs will be sought from the delinquent Owner. 15. Release of Liens Upon Payment Within twenty- one (21) days of payment in full of all delinquent assessments and charges, or if it is determined that a Lien previously recorded was recorded in error, the attorney will prepare a Release of Lien which will be recorded by the County Recorder’s Office and will provide Owner with a copy of such release or notice that the delinquent assessment has been satisfied.
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