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The Board of Directors may impose reasonable administrative expenses and/or fines after notice and an opportunity to be heard in accordance with the procedures herein. The Board of Directors only need determine the conduct or violation occurred or more probably than not occurred based upon its evaluation of the evidence or testimony presented or evaluated. The amount of a reasonable fine shall be determined by the Board of Directors. The minimum administrative expenses/fines imposed upon the Unit Owners for a violation of these Rules and Regulations are specified for each offense as follows. Administrative Expenses/Fines - per offense Violation
Fine Structure for Violation of Common Elements A Warning Letter will be sent to the owner advising of a violation. The owner will have 7 Days from the Postmark date on the Letter to contact the association's management company and correct the violation. If the violation is not corrected within 7 days then a Violation Letter will be sent from the association's management company. The owner will then have 7 more days from the Postmark date on the Letter to correct the violation. A $25.00 fine and a $20.00 cost recover fee will be assessed against the owners account. If the violation is not corrected within the 7 days after the first Violation Letter is sent then a second Violation Letter will be mailed by the association's management company. The owner will be given a final 7 days to correct the violation from the Postmark date on the letter. A $50.00 fine and $10.00 cost recovery fee will be assessed against the owners account. If after 21 days from the Postmark date
on the Warning Letter the violation still exists, the Board of Directors
will direct the management company to hire any and all subcontractors to
fix said violation and the complete and entire cost will be assessed
against the homeowner.
Aggravated Offenses/Litigation The Board
of Directors may in its discretion determine a violation to be aggravated
offense if it determines that (a) the offense involved a gang or gang signs;
or (b) personal injury or property damage occurred as a result of the violation;
or (c) the offender was found to have committed any one (1) or more prior
violations during the previous six (6) months. The Board of Directors,
in the exercise of its sole discretion. may reduce the administrative
expense/fine amounts set forth whenever it deems the circumstances to
warrant such mitigation. Actual Damages,
Fees, and Expenses 1. The actual costs and expenses for repairing any damage to any Property or replacing any property irreparably damaged or destroyed, which property was damaged or destroyed as a result of or in relation to the violation, and all other damages, if any, attributable to or resulting from the violation. 2. All attorney fees and expenses, court costs, and other fees, costs, and expenses incurred by the Association in connection with the enforcement of these Rules and Regulations or in connection with any criminal or civil proceedings in which the Association or its attorneys participate as a result of the activities identified herein. Any and all other damages to the Association or other residents incurred as a result of such violation or the enforcement thereof.
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