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Cider Mill’s Ballot Valid?

The decision to disqualify Cider Mill Apartments ballot with its 864 votes for three (3) seats on the MVF Board of Directors “because of $334 it owes the foundation in late fees” is not supported by the Foundation’s assessment collection records dating back to 1991.

Ballots are disqualified and not opened or counted if there is a delinquency balance owed to the Foundation of $25 or more.  Assessment payments for the Montgomery Village Foundation (MVF) and Designated Users Facilities (DU) funds from 8,480 homeowners of the eleven (11) Homes Corporations are collected quarterly and according to  MVF Collection Policy assessments are delinquent if not received by the last day of the first month of each quarter and is subject to a $25 administrative fee plus interest at an annual rate of 6%.  

The nine (9) Condominiums with 2013 units and four (4) Apartment Rental communities totaling 1400 units are invoiced each month for the Montgomery Village Foundation (MVF) fund assessment charges for its units. 

The MVF Collection Policy only applies to assessments paid to the Foundation from homeowner members of the Village’s Homes Corporations.  It is unclear what are the Foundation existing policies or practices concerning overdue unpaid assessment charges to Condominiums and Apartments.   Does the Foundation charge Condominiums and Apartments late fee for passed due amounts based on a fixed amount per unit, a percentage of the delinquent amount and or an annual interest cost? 

The $25 threat hold for ballot disqualification is equal to 8.3% of the annual assessment of Homes Corporation owners while ranging 00.05% for the Heron’s Cove 408 units to 00.19% for Thomas Choice 103 units for Condominium communities and 00.0015% for Cider Mill 864 units to Sunrise Village 00.13% with its 147 units.

The “Fourth Quarter 2007 Delinquency Report” given to MVF’s Board of Directors before it January 24th board meeting included an “Analysis of Delinquent Accounts December 31,207 and a “Comparison of Delinquency Rates 1991-2007”  summarized by Homes Corporations and Condominiums/Apartments.

These reports indicate Cider Mill has had a zero unpaid balance on its account since December 2002 and there is no indication Cider Mill has not paid its monthly assessment on time since 1991.

Is there any reason why Cider Mill’s Ballot should not be opened and its 864 votes included?  Is there any reason why the owners of Cider Mill Apartments should not be given a public apology? Can anyone at MVF count or account?

 
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