1. Notice and Hearing procedures. The following Notice and Hearing procedures will be used whenever the Board meets to consider an alleged violation, which could result in disciplinary action against a member.
Notice of hearing. Notice of the hearing will be sent at least 10 days prior to the hearing and will be given either personally or by pre-paid first class mail to the most recent address shown in the Association’s records. The notice shall contain at a minimum the date, time, and place of the meeting; the nature of the alleged violation; and a statement that the member has a right to attend and may address the Board at the meeting.
Opportunity to be heard. Members have the right to send a letter, send a representative, or appear in person to present evidence as to why they should not be disciplined. Members also have the right to bring an attorney with them to advise them or to speak on their behalf. The hearing will be held in executive session unless the member requests otherwise.
Reschedule meetings. Upon timely written request and for worthy cause an accused member may be granted a continuance to a new hearing date. In the event the member fails to appear for the hearing, the Board will review the evidence presented and make its decision accordingly.
Correction of violation. In the event the violation is corrected prior to the hearing date, the Board may, if appropriate, discontinue the proceedings.
Notice of decision. Within 15 days of the Board’s decision, the member will be given written notice of the Board’s decision.
Conflicts of interest. If members of the Board have a conflict of interest (i.e. they filed the complaint, or the complaint was filed against them) such persons may not vote on the issue.
2. Remedies for Enforcement. To enforce the governing documents, the Board may impose one or more of the remedies described below as it deems appropriate to be effective. The selection of one remedy does not preclude the Association’s right to pursue others.
a. Warning letters
b. Monetary penalties
c. Suspension of membership privileges
d. Alternative dispute resolution
e. Litigation
Failure to pay fines within 30 days may result in legal action to collect the fines. If the Association is forced to retain an attorney to ensure compliance, collect fines, etc., the owner shall be liable for those attorney fees and or related expenses in addition to the fines.
3. Schedule of Fines. Violation of the Associations governing documents may result in a warning letter, fine, suspension of privileges and/or continuing fines as the Board may determine to be appropriate to the situation and as provided for in the fine schedule below. In addition to fines, the Board may file a lawsuit seeking judicial relief. The imposition of penalties and suspension of privileges will be subject to notice and hearing procedures.
First violation: Warning or fine up to $150 and/or $25 per day until corrected.
Second violation: Same offense - up to $200 and/or $50 per day until corrected.
Additional violations: Same offense - up to $200 and/or $100 per day until corrected.
Continuing violations: Fine up to $100 per day may accrue until the violation is corrected.
Suspension of privileges: In addition to or in lieu of fines, privileges may be suspended for up to one year.
The Association may pursue one or more remedies simultaneously. The selection of one remedy does not preclude the Association’s right to pursue others.
Note: The schedule of fines above is effective October 1, 2020, and supersedes any other fine schedule previously published.