O UTDOOR R ESORT P ALM S PRINGS – R ULES & R EGULATIONS
Procedure and Due Process Rights. Any person who contests the citation and is determined to be in violation of the Association’s Governing Documents could face the imposition of administrative expenses, further disciplinary action such as suspension of privileges or use of the recreational amenities, in addition to imposition of a fine as authorized under Section 16.C.2.
16.B HOMEOWNER HEARING PROCEDURE AND DUE PROCESS RIGHTS
Prior to the imposition of any fine, special assessment, or suspension of rights or privileges, a hearing will be held before the Board of Directors pursuant to the following Homeowner Hearing Procedures and Remedies: 1. Homeowner Hearing Notice: Homeowner will provide a written notice by certified mail at least ten (10) days prior to the meeting at which disciplinary action may be considered or proposed. The Notice will contain the following: a. The date, time and place of the hearing. b. The nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and c. A statement that the member has the right to attend the hearing either in person or by the teleconference and present evidence in his/her defense in writing, rather than make an appearance at the hearing. 2. Homeowner Hearing Procedures Homeowner hearings will be held in accordance with the following procedure: a. Review of all documentation submitted by the Association staff. b. Statement of Violation by acting chairperson. c. Review requirements of Association’s Governing Documents. d. Statement by Homeowner. e. Statement by any third-party witnesses. f. Discussion and questioning of the Homeowner by the Association. g. Questions (if any) and final statement by the Homeowner. h. Hearing ends. Homeowner is excused. i. Board deliberates. 3. Penalties If it is determined a violation has taken place, the Board of Directors may take any or all of the following actions: a. Imposition of Fines/Monetary Penalties. b. Imposition of Reimbursement Assessments for damage to the Common Area or to reimburse the Association for costs incurred to bring an Owner or his/her family members, guests, tenants, invitees, and occupants into compliance with the Governing Documents. c. Suspension of Rights: The Association may suspend voting rights and the right to use the Common Facilities and may disconnect bulk cable services for up to thirty (30) days due to violation of the Governing Documents by an Owner, or his/her family members, guests, tenants, invitees, and occupants. In addition, the Association may suspend the voting rights and right to use the Common Facilities and disconnect bulk cable services for any period during which any Assessments remain unpaid. 4. Ruling Notice Within fifteen (15) days after the date that disciplinary action is taken, the Homeowner shall be given a Ruling Notice containing the following: a. The Board’s findings as it relates to the violation of the Governing Documents with facts. If no violation is found, then no remedy is required, and the Association would then issue a Ruling Notice affirming no violation. b. The penalties imposed, if any, against the Homeowner; and
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