BYLAWS - KENSINGTON COMMONS

 

11/19/05    

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REPORTING OF OUTAGES TO FPL

Post Wilma Resources

AMENDMENT TO THE BY-LAWS OF

THE KENSINGTON COMMONS ASSOCIATION INC

 

NOTE: NEW WORDS INSERTED IN THE TEXT ARE UNDERLINED AND WORDS DELETED

ARE LINED THROUGH WITH HYPHENS.

Amendment to Article VI, Section 1 of the By-Laws, to add a new subparagraph as follows:

 

Section 1. The Board of Directors shall have the power:

(g) To levy fines against a dwelling unit owner or a dwelling unit owners’ guests, lessees or any other person(s) who violate the provisions of the Homeowners’ Association By-Laws, the Declaration of Restrictions and Covenants, the Articles of Incorporation of the Homeowners’ Association or the Rules and Regulations of the Homeowners’ Association, as adopted or amended from time to time. The fines will be levied according to the following procedures:

 

(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.

 

 

 

 

 

774810_1.DOC

 

 

 

 

 

PARKING RULE

 

 

No vehicle shall be permitted to park on the streets of the subdivision for a period in excess of six (6) hours.

 

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This site was last updated 11/19/05