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The name, address, and phone number of the complaining person. The Unit Owner’s name, Unit number or address of the Unit where the person or resident complained of resides. The specific
details or description of the violation, including the date, time, and
location where the violation occurred. If any Unit Owner charged with a violation either believes that no violation has occurred, or that he has been wrongfully or unjustly charged hereunder, the Unit Owner must, within ten (10) business days after the Notice of Violation has been served upon the Unit Owner, pursuant to the provisions herein, request, in writing, a hearing concerning the violation. If a request for a hearing is filed within ten (10) business days, a hearing on the complaint shall be held before a Panel composed of Board members or a committee duly appointed by the Board to hear the complaint. At any such hearing, the Panel shall hear and consider statements regarding the alleged violation. The decision of the Panel shall be made by majority vote and shall be final and binding. Payment of assessments, charges, costs, or expenses made pursuant to the provisions contained herein shall not become due and owing until the Panel has completed its determination. If no request
for a hearing is filed within ten (10) business days, a hearing will be
considered waived and the allegations shall be deemed admitted. If found to have violated a provision of the Declaration of Covenants, Bylaws, Corporate Resolutions, Rules and Regulations, the Unit Owner shall be notified of the finding by the Association or its duly authorized agents that a first violation has occurred. The first violation, at the discretion of the Board, may be considered a warning. If the violation is a second, or continuing violation of any provision of the Declaration of Covenants, Bylaws, or Rules and Regulations, the Unit Owner shall be notified of the finding by the Association or its duly authorized agents. The Unit Owner shall also be assessed a fine. Unless otherwise provided in these Rules, where a fine is imposed, it shall be in the amount of twenty-five dollars ($25.00) for each incident or violation and the sum of five dollars ($5.00) per day for each violation of a continuing nature. A FINE FOR A VIOLATION OF A CONTINUING NATURE WILL CONTINUE UNTIL THE VIOLATION HAS BEEN ELIMINATED AND THE ASSOCIATION’S MANAGEMENT COMPANY HAS RECEIVED NOTICE OF IT FROM THE VIOLATOR. RECURRING VIOLATIONS MAY, AT THE DISCRETION OF THE BOARD, BE DEEMED AS SEPARATE AND DISTINCT INSTANCES, EACH OF WHICH MAY CONSTITUTE FINES UP TO ONE HUNDRED FIFTY DOLLARS ($150.00). If found to be guilty of any violation, including a first violation, the notice of determination may also require the Unit Owner to correct any damage or any unauthorized condition of the Property for which the Unit Owner is responsible, and to pay the costs of any repairs which have previously been made, and to pay any legal expenses and costs incurred by the Association as a result of the violation. In the event any violation has resulted in damage to any Common Property, or has resulted in any damage or unauthorized condition on the Property, the Unit Owner will be given a notice of the violation or damage and the Association will proceed to have the violation corrected. The Unit Owner will be assessed for the full cost of labor and materials required. Any Unit
Owner assessed hereunder shall pay any charges imposed within thirty (30)
days of notification that such charges are due. Failure to make the payment
on time shall subject the Unit Owner to all of the legal or equitable
remedies necessary for the collection thereof. All charges imposed hereunder
shall be added to the Unit Owner’s account, shall become a special
assessment against the Unit and shall be collectible as a Common Expense
in the same manner as any regular or special assessment against the Unit. |