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ENFORCEMENT POLICIES AND PROCEDURES

Making a complaint

Complaint Statement.  Any complaint that alleges a violation of the Declaration, Bylaws, or Rules and Regulations must be made in writing and shall contain substantially the same type of information as that set forth in the Violation Complaint – Witness Statement form attached hereto as Exhibit 1.  At a minimum, the complaint shall provide:

The name, address, and phone number of the complaining witness

The name and address of the Unit Owner responsible for the violation, and the name and address of the violator, if not the Unit Owner.

The specific details or description of the violation, including the date, time and location where the violation occurred.

A statement by the complaining witness that he or she will cooperate in the enforcement procedures and will provide testimony at any hearings or trial which may be necessary

The signature of the complaining witness and the date on which the complaint is made.

Recordings.  The Association recommends that photographs or video tape recordings be taken, if possible, to illustrate the nature of the violation.  Any such recordings should be sent with the Witness Statement or forwarded as soon as possible.  The name of the person who made the recording and the date on which it was made should be included. All photo/video become permanent property of the Association.

 Where to File.  Complaints should be sent to the Board of Directors at the address of its Managing Agent.

Notification of Complaint

 Notice Format.  When a complaint is made pursuant to the above, the Unit Owner shall be notified of the alleged violation by the Association or its duly authorized agent.  This notice shall include a specific hearing date at which time the accused Owner may contest the violation.  This hearing will proceed with or without the presence of the Owner.  The notification shall be in a manner prescribed by the Board in a form similar to that which is attached hereto as Exhibit 2 (hereafter identified as Notice of Violation Complaint).

 Legal Action Possible.  In the event the alleged violation is not the first violation by the Unit Owner, or in the event the violation is such that serious, immediate, or irreparable consequences may occur by delay, the Board may elect to forward the matter to the Association’s attorney for appropriate action.

All legal expenses and costs incurred will be assessed to the Unit Owner’s account if the Unit Owner is found guilty of the violation.

The Association’s attorney, if contacted regarding the violation, shall send such notices, make such demands, or take such actions as are necessary to protect the interest of the Association in accordance with the provisions of the Declaration, Bylaws, or Rules and Regulations of the Association.

 Responding to a Complaint

Conducting a Hearing.  A hearing on the complaint will be held on the date set forth in the Notice of Violation Complaint form.  This hearing shall be held before the Panel of Inquiry, which shall be composed of Board Members or a committee duly appointed by the Board to hear the complaint.  The Panel of Inquiry must include at least one Board member (to be appointed on a rotating basis)

The Panel of Inquiry shall not include any persons presenting evidence in the hearing.

 At any such hearing, the Panel of Inquiry shall hear and consider arguments, evidence or statements regarding the alleged violation, first from any person or persons having direct knowledge of the alleged violation and then from the alleged violator and any witnesses on his behalf.

Following a hearing and due consideration, the Panel of Inquiry shall issue its determination regarding the alleged violation.  The decision of the panel shall be made by majority vote and shall be final and binding on the Unit Owner and the Association, although the Board of Directors has the right to appeal or approve this decision.

 Payment of any assessments, charges, costs, or expenses made pursuant to the provisions contained herein shall not become due and owing until the Panel of Inquiry has completed its determination.

Notification of the Panel of Inquiry’s determination shall be made in a form similar to that which is attached hereto as Exhibit 3.

Violation Actions

Notification of Violation Findings.  If a Unit Owner is found to have violated personally or is otherwise liable for a violation of any of the provisions of the Declaration, Bylaws, or Rules and Regulations of the Association, the following shall occur:

First Violation.  IF found to be guilty of a first violation in the current fiscal year, the Unit Owner shall be notified of the finding by the Association or its duly authorized agents that a first violation has occurred.

 For the first violation, the Board may elect to assess a fine, after considering factors such as the length of time the regulation has been in effect, the length of time the violator has owned a Unit or resided on the property, whether the violation was committed by the Unit Owner, and if not, the extent of control the Unit Owner had or should have had over the violator’s conduct, the familiarity of the violator with the regulation, the severity of the violation, and other appropriate factors.

In addition, any legal expenses incurred by the Association or any actual damages repaired at Association expense may be imposed.

Second or Continuing Violation. If found to be guilty of a second or continuing violation, 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.

 Fines.  Each rule shall state the fine that may be assessed for its violation.  Unless otherwise stated (as, for example, violations of the Declaration), fines shall be in the amount of twenty-five dollars ($100.00) for single incidents of violation or the sum of five dollars ($25.00) per day for a violation of a continuing nature.

A fine for a violation of continuing nature will continue until the violation has been eliminated and the Association had received notice of its elimination.

 Damages and Expenses.  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 on the property for which the Unit Owner has been found responsible, to pay the costs of any repairs which have previously been made, or 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, which has not yet been repaired, or has resulted in any damage or any unauthorized condition on the property, the Unit Owner will be given two notices of the violation to correct the damage or architectural violation.

 If the damage or violation has not been corrected within fourteen (14) days after a finding of guilty has been made on the second violation, the Association will proceed to have the violation corrected, and the Unit Owner will be assessed for the full cost of labor and materials required.

In addition to the foregoing assessment, to encourage Unit Owners to correct violations at their own time and expense and to compensate the Association for the administration expenses involved in obtaining and supervising any such correction, the Association will assess any Unit Owner in violation who forces the Association to correct the violation with an administrative charge of one hundred dollars ($100) or ten percent (10%) of the cost of labor and materials, whichever is greater.

Fines.  The Association’s goal is voluntary compliance with its rules through cooperation and education.  The Board of Directors will impose the following fines, in addition to any other remedies provided by law, the Declaration, Bylaws, or these Rules and Regulations:

First violation of any rule
Either waiver (depending on Board decision) or the corresponding fine.

Second violation of the same rule.
Two times the corresponding fine.

Third violation of the same rule.
Three times the corresponding fine.

Fourth and subsequent violation of the same rule:
The Association will seek appropriate legal recourse.

Payment of Charges.  Any Unit Owner asked hereunder shall pay any charges imposed within thirty (30) days of notification that such charges are due.

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 Community Expense in the same manner as any regular assessment against the Unit.

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.

Serving of Notices

Time is of the essence for this policy. Notices are deemed served either:

 By personal delivery at the date of the notice; or
  By mail following four (4) days after the deposit in the United States mail, provided that the notice has been sent by regular first class mail to the Unit Owner at the Unit address, or to such other address as the Unit Owner shall have previously filed with the Board, and further provided that either the return receipt has been signed and returned or that the notice sent by regular mail has not been returned to the Association undelivered. 

For Units held on trust, the notices may be sent either to the address of the trustee, or to such address as has been provided to the Association by the trustee or beneficial owner of trust