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COMPLAINT
In accordance with Section 318.4 (e) of the Illinois Condominium Property
Act, if someone is believed to be in violation of any of the provisions
of the Declaration and by-laws or Rules and Regulations, a signed, written
complaint must be submitted by an owner, the Managing Agent, a resident
or member of the Board of Directors and sent to the Managing Agent. See
ATTACHMENT B FOR THE CLAREMONT RIDGE CONDOMINIUM ASSOCIATION VIOLATION
REPORT.
ENFORCEMENT
The person charged with the violation will be given written notice of
the complaint. Any unit owner who feels that he has been wrongfully or
unjustly charged with a violation may proceed as follows:
1. Within
three days after receipt of such notice, the unit owner or resident may
demand a hearing before the Board of Directors or its authorized committee.
2. A hearing
will then be held before the Board of Directors, no later than seven days
after the notice. At the hearing, the Board of Directors, or its’
committee, shall hear and consider arguments, evidence of statements regarding
the alleged violation. The decision by the Board shall be final and binding.
3. Payment
and charges made under this policy shall not become due until the Board
has completed its recommendation.
4. Should
no protest be filed, the allegations in the notice of violation shall
be considered accurate.
VIOLATION CHARGES
If any resident is found guilty of a violation, the Board will notify
the guilty party in writing and a fine may be charged to the assessment
account of the owner of the unit in which the guilty person resides and
collected with the monthly assessments. The fine will be in accord with
the following schedule:
First Occurrence
of a Violation A written letter sent from the Managing Agent
Second Occurrence
of the same $50.00 Fine
Violation within the same year
Third Occurrence
of the same $100.00 Fine
Violation within the same year
Ongoing Violations
$50 per day for each day the violation exists
Fourth Occurrence
of the same Turned over the Association
Violation within the same year Attorney for appropriate legal
action. All costs and fees will be
charged to the unit owner.
LEGAL
FEES
In the event of any violations of the Rules and Regulations, Declarations
or by-laws of the Association, the Board reserves the right to pursue
any and all legal remedies to compel enforcement legal and equitable.
Any and all costs and attorney’s fees shall be assessed back to
the account of the offending owner at the time they are incurred.
DAMAGES
In the event any violation has resulted in damage to any property, or
has resulted in any damage or any unauthorized condition on the property,
the Unit-owner will be given notice to correct the damage or architectural
violation. If the damage or violation has not been corrected within fifteen
days, after a finding of guilty has been made on the second violation,
the Association may proceed to correct the violation costs of such will
be charged to the assessment account of the Unit-owner.
When violations
occur, we would encourage everyone to talk to their neighbors/violators
first to try to resolve the issue. This is usually the best approach and
most effective. However, should this approach not work, a written letter
should be submitted to the Managing Agent documenting the incident in
full detail. If violations continue, violator will be fined as aforementioned.
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