Any complaint or information relating to any alleged violation of the Association’s By-Laws and any amendments thereto and Rules and Regulations must be made in writing by any person to the Managing Agent or the Association.  At such time as such information is received by the Managing Agent Personnel, Management shall take all those steps reasonably necessary to investigate the truth and circumstances bearing on the allegations to determine whether there is reason to believe that the allegations are true and whether, in Management’s judgment, the severity of the violations of such a nature that a request for sanctions as opposed to a written warning is necessary.

In the event the Managing Agent Personnel, after investigation into the facts and circumstances involved, finds there is reason to believe that a violation has occurred and that it is of such a nature that a request for sanctions should be made, it shall forthwith deliver to the Unit Owner involved reasonable written notice (a) that the Managing Agent Personnel has received information of a violation, (b) the nature of the violation (c) the possible sanction which could be imposed pursuant to this resolution, (d) the time and place at which Management will present the facts and circumstances involving the violation at a hearing before the Associations’ Directors, and (e) an invitation to the Unit Owners to be present at such hearing for the purposes of being heard and presenting evidence bearing on the alleged violation. 

After such time as the Board has heard all evidence being on the alleged violation from the Managing Agent Personnel, the Unit Owner involved, or any other knowledge thereof, it will deliberate whether a violation has occurred, assessing such sanctions pursuant to this resolution as it reasonably deems fit.  If the Unit Owner involved fails to appear at the scheduled hearing, the Board may proceed without the Unit Owner.   Written notice of the Board’s decision shall be given to the Unit Owner following the hearing.

While strict rules of evidence will not be required, the Board shall give both the Managing Agent and the Unit Owner involved adequate opportunity to be heard, present evidence and inquire of the other’s witness or witnesses, and shall give greater weight to  evidence from first-hand knowledge than to evidence having as its source a person not present.  The board may utilize its discretion in assessing sanctions within the ranges prescribed in this resolution and may consider the severity of the violations, its harm to the Association Unit Owners or common facilities and its repetitious nature.  Notwithstanding the foregoing, the provisions of the Declaration and By-Laws and any amendments thereto shall control in the event of any conflict with these Rules and Regulations.