Authority to impose fine is covered under Article V, Powers and Duties of the Board of Directors,
Section 1. Powers. The Board of Directors shall have power to:
- Adopt and publish rules and regulations governing the use of the Common Properties, Restricted Common Properties and Purchased Common Properties, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.
COMPLIANCE WITH RULES AND REGULATIONS
- Compliance. It is hoped and anticipated that all Home Owners will comply with the Rules and Regulations as they are outlined in this document, since they are intended to preserve the character of the Community and the property values of each Owner. In the event that a situation arises where violations have taken place, it is the responsibility of the Board to enforce the established rules in a consistent fashion according to the process outlined in the enforcement procedures set forth below.
- Common Element Damage. The Association may order the assessment of the cost of repair of any common element which is damaged by the Home Owner, its tenant or guest.
- Reporting Violations. Complaints concerning violations of the Rules, Regulations or any provisions of the Association’s Declaration and Bylaws by a Home Owner or tenant must be submitted, in writing, to the Executive Board, signed by the Home Owner or tenant. The complaint must be in sufficient detail to determine whether a violation has occurred.
- Investigation. A member of the Executive Board, Committee member or representative shall investigate the complaint to determine whether there is reasonable cause to believe that a violation has occurred.
- Initial Violation Notice/First Notification. The Association will send a written notice describing the violation to the Home Owner and/or tenant, instructing them to correct the violation or respond within a maximum of ten (10) days. If a violation is not corrected within the amount of days detailed in the letter, or if the Home Owner has not contacted the Executive Board concerning the violation, the Executive Board will proceed further with the enforcement procedures.
- Second Notification. If no response or correction concerning the violation is performed within the amount of days of the written warning, a letter will be sent to the Home Owner and a $50 fine will be assessed to the Home Owner.
- Third Notification. If no correction or response within ten (10) days after the second notification, another letter will be sent to the Home Owner, and a $250 fine will be assessed to the Home Owner.
If after the third offense the situation has not been resolved, the Board has the authority, as established by the Bylaws, to initiate any or all corrective action at the Home Owner’s expense. Thus, it would be to each Home Owner’s benefit to abide by the Rules and Regulations, as well as resolve violations prior to elevating to this extreme.
- Fines and Penalties. Depending upon the seriousness of the violation, the Executive Board has the right to impose larger fines if the violation or problem disregards the safety of the residents, is in complete disregard of the Association and adjoining neighbors, and/or in violation of the Association’s Declaration. Depending upon the seriousness of the violation, the fine could either be enacted for each incident or a fine charged for each day that the violation remains uncorrected. The Executive Board has full authority in establishing the amount of fines and loss of privilege penalties. The amount assessed if due upon receipt of the notice.
If the situation persists after the third notice, fines in the amount of $250 will be assessed to the Home Owner’s account every thirty days.
- Unusual Circumstances. Where the Board concludes that the fines set forth above would not be sufficient to compel compliance, properly punish the violation and/or deter future violations, a per violation fine greater than $50.00, but no greater than $250.00 per violation may be assessed against a Unit Owner.
- Hearing. All Association Home Owners and tenants shall have the right to a hearing, by the Executive Board Any decision made by the Executive Board is final.
- Continuing Violation. Each day that a violation exists shall constitute a separate violation and shall be subject to a separate fine hereunder.
- Cumulative Fine Cap per Particular Violation. Cumulative fines for a single continuing violation, not including attorney fees, shall not exceed $5,000.
- Pass Through Expenses. In addition to the fines and penalities set forth herein, the Association may charge the Home Owners or tenants the costs for all mailings or notices required to be sent as a result of their violation of the Declaration, Bylaws and/or these Rules and Regulations.
- Collection of Fines. All fines and costs shall be deemed assessed against the particular Home involved and shall be a continuing lien against such Home. The collection of such fines and costs shall be enforceable in the same manner as all other assessments. Fines and costs not paid within thirty (30) days of assessment shall be charged a late fee in accordance with the Association’s policy for each thirty (30) day period thereafter.
- Other Remedies. The imposition of a fine or costs shall not preclude the Association from invoking any other remedy or sanction which may be lawfully imposed with respect to the same violation.
- Additional Remedies. In addition to any other remedies available to it, in the event of a violation, the Association shall be authorized to suspend voting rights and the right to use the Association’s amenities until the fines are paid, and the violation is remedied.
- Noncompliance. In the event that a Home Owner or tenant does not comply with the violation notice and/or does not pay the amount assessed by the Association, the Executive Board may file legal action against the Home Owner for collection of the fines and compliance with the Association’s Declaration, Bylaws, and Rules and Regulations. Any expense associated with legal action and the collection of fines incurred by the Association shall be added to the complaint and become the responsibility of the Home Owner to pay. If a judgment awarded by the court remains unpaid, the Executive Board may place a lien for the amount of the judgment, plus costs, against the Home Owner’s property.