All members of the Rams Hill Community Association
(RHCA)
are subject to the DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS, as well as any RULES AND REGULATIONS, ARCHITECTURAL
GUIDELINES, CONTRACTOR SITE RULES, OR RESOLUTIONS adopted by the Board
of Directors. If any homeowner or family member, his guest(s), his tenant
or his tenant(s) guest(s) violates the restrictions, the Board may impose
a reasonable fine upon such homeowner for each violation, as outlined
below.
REPORT OF VIOLATION
Any resident wishing to make a formal complaint
against another resident must provide it in writing and send it to the
Rams Hill Community Association, Attn: Board of Directors. A
VIOLATION NOTICE WILL ONLY BE SENT AFTER RECEIPT OF A FORMAL WRITTEN
COMPLAINT OR AT THE DIRECTION OF THE BOARD OF DIRECTORS.
VIOLATION NOTICE
Each Violation Notice will include the type of
violation, date of violation, consequence of the violation for continued
noncompliance, as well as a notation of the appropriate section of the
document, or rule. Each Violation Notice will be mailed to the homeowner
by way of first class mail. A copy of the Violation Notice will also be
mailed to any tenant in violation of the documents, or rules and
regulations of the Community. A WRITTEN RESPONSE FROM OWNER AND/OR
TENANT TO THE BOARD OF DIRECTORS IS REQUIRED.
DUE PROCESS
If the violation has not been corrected within the
period specified in the Violation Notice, a Notice of Hearing will be
issued to the responsible homeowner. This will give the homeowner the
opportunity to be heard either in person or by written response during a
formal hearing before the Board of Directors. The homeowner will be sent
the Notice of Hearing not less than ten (10) days before the hearing
date. It is the owner’s responsibility to the Board of Directors to
confirm their attendance at the hearing. The Board’s decision will be
mailed to the homeowner within fifteen (15) days after the hearing. There
is a $15.00 administration fee placed on the homeowner’s account for
issuing a Notice of Hearing.
FINES
Violations for which penalties have not been
previously stated in the documents may result in fines determined by the
following schedule:
-
First Infraction Warning Letter
-
Second Infraction Hearing $100
fine if infraction upheld
-
Third Infraction Hearing
$200 fine if infraction upheld
-
Fourth Infraction Hearing $300
fine if infraction upheld
Any violation that continues uninterrupted and
uncorrected after the third fine may be subject to a daily fine of $10.00
per day and Alternative Dispute Resolution (ADR) may be initiated to
resolve these violations.
If the violation is considered to be egregious,
the Board reserves the right impose higher fines.
INTENTIONAL DAMAGE TO COMMON AREAS WILL RESULT IN
A FINE AND THE COST TO REPLACE/REPAIR DAMAGED AREA WILL BE ASSESSED TO THE
HOMEOWNER. ACTION TO COLLECT MAY BE TAKEN IN SMALL
CLAIMS COURT.
In accordance with the CC&R’s, violation of any of
the rules or resolutions may result in fines, interest charges, property
liens, attorney or court expenses and special assessments.
RESOLUTION EFFECTIVE,
MARCH 19, 2004
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