Next HOA Meeting: Tues, May 23 @ 6pm PT
ENFORCEMENT POLICY & FINE SCHEDULE
Adopted: 9/9/2015
Any complaint that is an alleged violation of the Association Governing documents will be processed according to the procedure outlined herein.
A. Discuss with your neighbor’s issues and concerns which are bothering you is the first step in this process.
B. If you find you have difficulty dealing with your neighbor over a problem, contact your Management Company or local neighborhood delegate.
C. In the event that a Member of the Association or Board of Directors file a Community Guidelines Violation Report (Exhibit D) the Board would act as follows:
Send a letter to the Owner stating the alleged violation and date needed to cure said violation.
Send a second letter with a notice of hearing date to the Owner if violation is not cured.
A hearing is set not less than fifteen (15) days from the date of written notice for the hearing.
Owner may be present in person or by written response to the alleged violation at a hearing before the Board. A written decision will be sent to the Owner following the hearing. (Please see - Procedure for Owner Hearing).
D. The Owner will be notified as to the decision rendered by the Board as a result of the hearing. If the Owner is found to be in violation of the Association’s documents, the Board will either (a) levy a Reimbursement Assessment, (b) suspend or condition Owner’s right to use any common area facilities the Association owns, (c) suspend the Owner’s voting privileges as a member, (d) enter upon a Lot to perform maintenance which is the responsibility of the Owners, (e) record a notice of noncompliance if allowed by law, or (f) a combination thereof.
E. If the decision to pursue a monetary fine system, the Windsor Square Homeowners Association Fine Schedule will apply.
NOTE: A violation is defined as an act in conflict with the Community Declaration, Bylaws and Architectural Guidelines and Community Guidelines of the Association. Please be sure to read the Community Declaration carefully.
FINE SCHEDULE
A. A letter will be sent to the Owner stating the alleged violation.
B. A second letter will be sent to the Owner stating the alleged violation continues and this letter will request the Owner appear before the Board.
C. If the result of the hearing is a monetary fine, a fine of $100 will be applied to the Owner’s account.
D. If the violation continues past the hearing and first fine stage, additional hearings will be scheduled with the Owner and the fines may be doubled with each hearing. Any fines not paid may result in legal action in accordance with California law.
E. The Board may determine to use alternative dispute resolutions or cause correction of the violation to effect a cure and the Owner may be responsible for legal fees and/or reimbursement of costs to the Association.
NOTE: Should a violation occur, which imposes a financial obligation on the Association; the party responsible for said violation shall reimburse, by way of a Reimbursement Assessment, the Association for this financial obligation. If, for example, a party damages a fence, tree or any other Association Property, repair and replacement costs will be charged to that part