|
|
Provision for making a complaint. In order to enforce the policies, rules and regulations contained herein, unit owners will need to put complaints in writing and submit them to the management office. Your complaint should include the nature of the violation, the date of the violation, the time of the day the violation occurred, the person or persons who committed the violation (if known) and your name and telephone number. It will greatly assist the Board of Directors if you submit a photograph of the violation along with the violation complaint. Upon the first violation, the warning letter or notice will include the nature of the offense, and fine, if applicable. The notice will also include provisions for the accused to request, in writing, a hearing with the Board. The owner may be fined for the amount of $25.00 upon the discretion of the Board. Upon second violation of the same or similar infraction the owner shall be notified in a manner prescribed by the Board, per Managing Agent of the Association. The owner shall pay $50.00, plus expenses for time and costs of this notification and repair costs, if any, incurred. (Subject to hearing with Board and owner.) Continued violation of the same or similar infraction shall require the owner to be notified by the Board per the Managing Agent of the Association. The Board, at their discretion may fine the owner $75.00 plus expenses for time and costs or forward the matter to the Association's attorney for appropriate legal action, with the owner paying the attorney's fees for a minimum of $250.00 plus expenses. Notification may contain such demands as are necessary to protect the interests of the Association. Any homeowner charged hereunder shall pay any charges levied hereunder within thirty days of notification that it is due. Failure to make the payment within this time shall subject the homeowner to all of the legal remedies necessary for the collection thereof. The remedies hereunder are not exclusive, and the Board may, in addition thereto, take any action provided for in the Declaration and By-laws to prevent violations thereof or of the rules and regulations of the Association. If any homeowner feels that he has been wrongfully charged with a violation hereunder, the homeowner may proceed as follows: Within 10 days after the homeowner is notified pursuant to provisions 1A or 1B hereof, the homeowner shall submit, in writing, a statement to the Managing Agent stating the reasons the homeowner feels he/she has not committed a violation. The Managing Agent shall investigate the facts and violations to verify and reject or affirm the decision that a violation has occurred. If the homeowner feels the decision of the Managing Agent is improper, the homeowner shall, within 10 days after notification of the decision of the Managing Agent, submit in writing a written appeal to the Board by sending such to the Managing Agent. The appeal shall contain all facts and issues necessary for the Board to rule thereon. At the next Board meeting after an appeal is filed, the Board shall review the facts and rule thereon. The Board may continue the matter to fully examine the facts. The Decision of the Board is final and binding on the homeowner. Payment of charges made under this policy shall not become due while the Board or Managing Agent are hearing an appeal by the homeowner, but other legal remedies may be pursued by the Board during this time. Time is of the essence regarding this policy. Notices are deemed made when deposited in the United States Mail postage prepaid to the homeowner's address.
|