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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 a member of the Board to management on a complaint form prescribed by the Board.

The person charged with the violation will be given notice of the complaint.  If the alleged violator is not the Owner of the Unit, the Owner shall also be notified.

If either the Owner or Occupant believes the notice to be unjustified, that person shall send a written protest to management within 10 days of the date of the notice.  Should no protest be filed, the facts regarding the violation shall be considered true and taken as if confessed.

Should an appeal to the ACC determination be filed, a hearing on the mater shall be held at the next meeting of the Board.

At any such hearing, the Board shall hear and consider arguments, evidence or statements regarding the violation in order to make a reasonable determination on the issue.  After a full hearing, the Board shall state its determination regarding the occurrence of the violation.  The Board's determination shall be final.

If any Resident or Owner 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 and collected with the monthly assessments.  This notice will also be sent to the Owner if the guilty party is not the Owner.

If any subsequent violation of the rules occurs, the above procedures shall also be followed.

First notice: Warning
There will be a $35.00 fine for the second offense of the Rules, $70.00 for the 3rd violation of the Rules, $105.00 for the 4th offense and so on.

Any resident charged hereunder and found guilty of the violation(s) shall pay all charges assessed within twenty-two (22) days after the charges are placed on the Unit's account.

If the violation involves any modifications, the Owner will be required to return the modification to its original state within a period of thirty (30) days or the Association shall cause the same, the costs to be borne by the Owner.

In the event of a violation of the Rules and regulations, Declaration 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.

Time is of the essence of this policy.  Notices are deemed made when deposited in the United States Mail, postage prepaid, to the Owner at the Unit address, or such other address as the Owner may have previously filed with the Board.

 

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