Fining Violation Guidelines 013

Exhibit 013
REV 12-12-01

SILVER FIRS PHASE II HOMEOWNERS ASSOCIATION

Fining Violation Guidelines:

Fining violations are directed towards more severe infractions.

The process for dealing with violations is outlined in the Neighborhood Rules & Guidelines and stated below:

The first violation notice should include the specific rule that has been violated, a 10 day period in which to comply, a method for achieving compliance, any potential penalties, and a method in which the homeowner may contact the property manager in order to discuss the violation.

If after the 10 day time period the violation has not been remedied or the property manager has not been contacted, a second notice will be sent. The second notice should include the specific violation, a method for achieving compliance, any potential penalties, and a 10 day time period in which the homeowner must contact the property manager in order to discuss the violation.

If after the 10 day time period the violation has not been resolved or the homeowner has failed to contact the property manager, the issue will be taken to the Board of Directors at the next monthly board meeting. The homeowner will be notified of this by certified mail and may attend to provide any additional information. At that time the Board of Directors shall make a decision as to what action will be taken to remedy the violation. Following the meeting, a written report and any action to be taken will be reported to the homeowner in writing by certified mail. Each case shall be judged on its individual merits, and any previous enforcement of the same or similar violations shall not be binding upon the Board in its decision. Any prior Board decision shall not be considered a new rule unless it is agreed to in the normal process of motion, vote, and documentation.

If this is a reoccurring violation, then this process happens once. Once the process has been completed, future violations receive only the third letter and fining begins anew.

The amount of fines is outlined in the Neighborhood Rules & Guidelines and stated below:

$10.00 per day/occurrence starting after the 20 day correction period when the final certified notice is sent. The maximum amount of fines shall be $300.00 (30 days/occurrences of accumulated fines); and/or,

If the violation is not corrected the Board shall, through its agents, enter upon the lot to repair, maintain, correct, and restore the lot. In addition to the fines, all costs of the repair, maintenance, correction, or restoration shall be added to the lot’s assessment.

There are seven different letters. The first three letters are considered violation letters. The first letter states what the violation is and how it can be resolved. The second letter, sent 10 days later, states that there is still a problem with the violation and notifies them that they must call the Management Company within 10 days of receipt of the notice and if they don’t then the issue will be taken to the Board. The third letter, sent 10 days after receipt of the second letter, states that the issue will be taken to the Board by a particular date and outlines penalties.

The last four letters are considered consequence letters. The fourth letter, sent after the meeting by the Board states what action the Board will take (basically it suspends voting and assess fines). The fifth letter, sent only when the violation is corrected, states what the fine is and where they can send payment. The sixth letter, sent only when the violation was not corrected, states the fine of $300.00 and that the Board will enter the lot and correct the violation on a specific date (this is if the board wants to do this). The seventh letter is sent only after repairs were made and includes the total amount assessed to the lot.

If after all seven letters have been sent and the homeowner still has not paid the fines, The Board will decide to either lien the lot or turn it over to an attorney for collection.

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