The Board of Directors
may impose reasonable administrative expenses and/or fines after notice
and an opportunity to be heard in accordance with the procedures herein.
The Board of Directors only need determine the conduct or violation occurred
or more probably than not occurred based upon its evaluation of the evidence
or testimony presented or evaluated. The amount of a reasonable fine shall
be determined by the Board of Directors. The minimum administrative expenses/fines
imposed upon the Unit Owners for a violation of these Rules and Regulations
are specified for each offense as follows.
Administrative
Expenses/Fines - per offense
|
Ordinary |
|
|
|
Aggravated |
|
VIOLATION
|
Offense |
|
|
|
Offense |
|
Use
or possession of Contraband
|
$150.00 |
|
|
|
$300.00 |
|
Fighting/Dueling
|
$300.00 |
|
|
|
$500.00 |
|
Criminal
Conduct - nonviolent
|
$150.00 |
|
|
|
$300.00 |
|
Vandalism,
spray painting
|
$150.00 |
|
|
|
$300.00 |
|
Loitering
|
$75.00 |
|
|
|
$150.00 |
|
Criminal
Conduct
|
$300.00 |
|
|
|
$600.00 |
|
Alteration/Improvements
or installations to Common Elements without approval
|
$100.00 |
|
|
|
$200.00 |
|
Noise
Violations (per day)
|
$50.00 |
|
|
|
$100.00 |
|
Fine
Structure for Violation of Common Elements
|
|
0-15
Days
|
Warning
Letter
|
|
16-30
Days
|
Violation
Letter + $25.00 Fine
|
|
31-45
Days
|
Violation
Letter + $50.00 Fine
|
|
$50.00
fine per month every month thereafter if violation continues.
|
Fine Structure for Violation of Common
Elements
A Warning Letter will be sent to the
owner advising of a violation. The owner will have 7 Days from the
Postmark date on the Letter to contact the association's management
company and correct the violation.
If the violation is not corrected within
7 days then a Violation Letter will be sent from the association's
management company. The owner will then have 7 more days from the
Postmark date on the Letter to correct the violation. A $25.00 fine
and a $20.00 cost recover fee will be assessed against the owners account.
If the violation is not corrected within
the 7 days after the first Violation Letter is sent then a second
Violation Letter will be mailed by the association's management company.
The owner will be given a final 7 days to correct the violation from the
Postmark date on the letter. A $50.00 fine and $10.00 cost recovery
fee will be assessed against the owners account.
If after 21 days from the Postmark date
on the Warning Letter the violation still exists, the Board of Directors
will direct the management company to hire any and all subcontractors to
fix said violation and the complete and entire cost will be assessed
against the homeowner.
Aggravated Offenses/Litigation
The Board
of Directors may in its discretion determine a violation to be aggravated
offense if it determines that (a) the offense involved a gang or gang signs;
or (b) personal injury or property damage occurred as a result of the violation;
or (c) the offender was found to have committed any one (1) or more prior
violations during the previous six (6) months. The Board of Directors,
in the exercise of its sole discretion. may reduce the administrative
expense/fine amounts set forth whenever it deems the circumstances to
warrant such mitigation.
Actual Damages,
Fees, and Expenses
In addition
to the imposition of the administrative expenses/fines set forth, or in
lieu of such imposition, as the Board of Directors deems appropriate,
the Board may specially assess any or all of the following charges against
a Unit Owner for a violation of these Rules and Regulations by a Unit
Owner or Owner's resident:
1. The actual
costs and expenses for repairing any damage to any Property or replacing
any property irreparably damaged or destroyed, which property was damaged
or destroyed as a result of or in relation to the violation, and all other
damages, if any, attributable to or resulting from the violation.
2. All attorney
fees and expenses, court costs, and other fees, costs, and expenses incurred
by the Association in connection with the enforcement of these Rules and
Regulations or in connection with any criminal or civil proceedings in
which the Association or its attorneys participate as a result of the
activities identified herein.
Any and all
other damages to the Association or other residents incurred as a result
of such violation or the enforcement thereof.
|