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COMPLAINT PROCEDURE AND ENFORCEMENT ASSESSMENTS
Intent: Conforming to Association covenants and restrictions is a necessary part of Community Association living. A process for documenting complaints and providing due process for violations of the declarations, by-laws and rules have been developed in a manner which takes in to the consideration the safety and comfort of the residents of the Association.
Residents should first attempt to resolve items of concern with the offending party in a neighborly manner before involving the Association. A resolution between neighbors is of the most successful means for establishing long term harmony among residents.
A. Complaints
1.Complaints related to the violation of Association covenants and restrictions must be in writing, with sufficient detail to enable the Association to review and determine possible resolutions to the problem. Complaints must contain the signature of the individual making the complaint.
2.Reasonable efforts will be made by the Association to gain compliance and if unsuccessful, the offending unit owner may be subject to sanction in accordance with the covenants, restrictions and rules of the Association.
3.Violation of local, state and federal ordinances must be reported to the appropriate governing body in accordance with their established complaint procedures.
B.Enforcement Assessments for Violation of Covenants, Restrictions, Rules and Regulations
1. Notwithstanding anything contained in the Rules, the Board shall have the right to proceed, immediately or otherwise, with legal action for any violation of the Association's governing documents, as the Board, in its sole discretion may determine. The entire cost of effectuating a legal remedy to impose compliance, including court costs and reasonable attorney's fees, shall be added to the account of the responsible owner.
2. An enforcement assessment of up to $50.00 per occurrence may be levied by the Board of Directors against any unit owner found in violation of the Declarations and Bylaws, or the Rules and Regulations and for reasonable charges for damage to the common elements or other property of the Association.
3.In the case of a tenant, guest or occupant of a unit, who is in violation, the unit owner shall be liable for payment of any assessment and for any other sanctions imposed by the Board and the term violator shall apply to the unit owner.
4.Certain rules and regulations have other established enforcement assessments and the amount of the assessment specified in the rule shall apply.
5.Prior to the imposition of an enforcement assessment, notice of the violation will be provided to the alleged violator and the opportunity to abate the violation within a reasonable time to avoid the proposed charge or assessment.
6.The unit owner may request a hearing by the Board of Directors, in writing, not later than the tenth day after receiving notice of the violation prior to the imposition of the enforcement assessment or charge.
7.Failure of the unit owner to make a timely request for a hearing shall cause the right to a hearing to be waived. The Board of Directors may immediately impose a charge for damages or an enforcement assessment.
8.At least seven days prior to a hearing by the Board of Directors, notice of the hearing shall be provided to the unit owner of the date, time and location of the hearing.
9.Notice of the Board's decision and any enforcement assessment imposed shall be provided to the unit owner within 30 days of the hearing.
10.A lien of the Association may be filed for enforcement assessments and/or damage charges which remain unpaid for more than 10 days.
Rule 2005-1 Complaint Procedure and Enforcement Assessments
Complaint Reporting Form
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