(i) From time to time, on an as-needed, or
on a standing basis, the Board of Directors will appoint a
Grievance Committee, made up of dwelling unit owners who have no
connection to the violation in question, which will determine
whether there is probable cause to assert that a dwelling unit
owner or other person is violating, or has violated, any of the
provisions of the Declaration of Restrictions and Protective
Covenants, the Articles of Incorporation, the By-Laws, or the
Rules and Regulations of the Homeowners’ Association. In the
event the Grievance Committee determines that such probable
cause exists, it will make a report to the Board of Directors.
The Board of Directors will then provide
written notice to the person alleged to be in violation, and the
owner of the dwelling unit which that person occupies, or in
which that person is a guest, if that person is not the dwelling
unit owner, of the specific nature of the alleged violation,
including a statement setting forth the provisions of the
Homeowners’ Association Documents allegedly violated and a short
and plain statement of the matters asserted by the Homeowners’
Association, and advising of an opportunity for a hearing before
the Grievance Committee upon a written request delivered to a
Board member or designated agent within fourteen (14) days of
the date of the notice of the violation or violations. The Board
notice will include the date, time and place of the hearing to
be held if the hearing is requested.
The Board notice will also specify, and it is
hereby provided, that each recurrence of the alleged violation
or each day during which the violation continues is deemed to be
a separate offense, subject to a separate fine, not to exceed
One Hundred ($100) Dollars for each offense, provided the total
amount of fines for one offense does not exceed $1,000, not
including interest, costs and attorney’s fees. The actual amount
of the fine may be according to the Schedule adopted by the
Board of Directors, as may be amended from time to time. The
Board notice will further specify, that an alternative procedure
is available only for the first time violations and not for
recurring violations, that in lieu of requesting a hearing, the
alleged violator or dwelling unit owner may respond in writing
to the notice, within fourteen (14) days of its date,
acknowledging that the violation or violations occurred as
alleged and promising that the violation or violations will
cease and will not recur. Such acknowledgement and promise and
performance in accordance therewith will terminate further
enforcement activity by the Homeowners’ Association with regard
to the violation and no fines will then be levied.
(ii) If a hearing is timely requested, the
Grievance Committee will hold the same on the date and time and
at the place set forth in the notice, and will hear and receive
the response of the violator and dwelling unit owner, if other
that the violator, including written and oral argument on all
issues involved and will hear any witnesses that the alleged
violator, the dwelling unit owner, or the Grievance Committee,
or its agents, may produce. Any party at the hearing may be
represented by counsel.
(iii) Subsequent to any hearing , or if no
hearing is timely requested and if no acknowledgement and
promise are timely and properly made, the Grievance Committee
will determine whether there is sufficient evidence of a
violation or violations as provided herein. If the Grievance
Committee determines that there is sufficient evidence to
support a finding that a violation or violations occurred, it
will send a written recommendation to the Board of Directors.
The Board of Directors will send a written notification to the
violator, and the dwelling unit owner, if other than the
violator, announcing the finding that a violation or violations
occurred and notifying the violator, and dwelling unit owner, if
other than the violator, that fines will be assessed and levied
as provided herein unless the violation is corrected within
three (3) days from the notice from the Board. No further notice
or hearing will be necessary to enable the Board to levy fines
for an uncorrected violation, or violations, or for recurring
violations substantially similar to violations fo which a
hearing opportunity was previously provided.
(iv) A fine pursuant to this section will
be assessed against the dwelling unit which the violator
occupied or was visiting at the time of the violation, whether
or not the violator is an owner of that dwelling unit, and will
be promptly paid to the Homeowners’ Association by the owner of
that dwelling unit. The dwelling unit owner will be liable for
attorney’s fees and costs incurred by the Homeowners’
Association incident to the levy or collection of the fine,
including appellate proceedings.
(v) Nothing herein will be construed as a
prohibition of or a limitation on the right of the Board of
Directors to pursue other means to enforce the provisions of the
various Homeowners’ Association documents, including, but not
limited to, legal action for damages or injunctive relief. In
the event such other means are pursued, the Homeowners’
Association will not be required to comply with the procedures
and provisions of this fining language.