Our Homeowners’ Association (“HOA”) strives to ensure that we have a safe, beautiful neighborhood, in order to make sure we are all good neighbors to each other and to maintain and improve the property values of the community. Therefore, the HOA is tasked with enforcing the restrictive covenants governing our community to ensure compliance for the benefit of all homeowners. Please accept this correspondence as notice to all homeowners/tenants/property management companies of the Fine Policy that has been adopted by the Board pursuant to Article II, Section B of the Bylaws and Article VIII, Section 1 of the Restrictive Covenants. This policy will be followed in enforcing all violations of the restrictive covenants and it is our hope that by providing this correspondence to all homeowners, this will clarify any issues regarding notices and fines regarding violations of the restrictive covenants moving forward.
The Board of Directors will investigate all alleged violations as reported by neighbors or observed by the Board directly. If the Board determines that a violation does exist, based on the language of the restrictive covenants, a courtesy reminder will be sent and then, if uncorrected, fines will be levied. The courtesy reminder will include the specific restrictive covenant violated and allow a cure period of 14 days for that violation before the imposition of a fine.
Once a fine is imposed failure to resolve and pay the fine within 14 calendar days will result in doubling the fine and the new fine will be added to the previous fine. This will continue for every subsequent 14 calendar days each until the third written notice is sent indicating that the Board will proceed with litigation regarding the violation(s), which will include court costs and our lawyer’s fees.
A summary of the Fine Policy is as follows:
FINE TOTAL FINES DUE
a. Courtesy Reminder (14 days to cure) $0 $0
b. First Written Notice (14 additional days + payment of fine) $150 $150
c. Second Written Notice (14 additional days + payment of fines) $150 $300
d. Third Final Written Notice (14 additional days + payment of fines) $150 $450
e. Initiation of Litigation
The Fine Policy allows a homeowner to appeal in writing to the homeowner upon receiving a violation notice if the homeowner does not believe a restrictive covenant has been violated. If this is done, a meeting will be held between the Board and the homeowner in an attempt to resolve any issues, after which time the Board will make a final determination and send a certified letter of the final decision to the homeowner. If the Board determines that the violation is to stay, then the time period for payment of fines will resume upon the Board making a final determination.
To correct a violation once a written notice is received, the homeowner must notify the Board in writing and submit copies of receipts and a payment of total fines due, if applicable. Upon receipt of both corrective action and payment, the Board will re-inspect and forward a final letter closing out the action.