SECTION 16 – RULES & REGULATIONS
ENFORCEMENT PROCEDURES The Association and/or any owner has the right generally to enforce the Association’s Governing Documents. This right includes requesting the violator to cease the offending action, taking legal action against the violator, and/or making a complaint to the Board of Directors. If a resident gives the Board of Directors, a written complaint alleging that a rule has been violated, the Board will investigate the allegation and may take action against the offending resident, including but not limited to fining or special assessing, if appropriate, suspending privileges, or instituting legal actions. However, nothing in this document obligates or requires the Board of Directors or authorized committee to take any action against an individual resident. The Board of Directors, in making this decision, will determine the costs and benefits of taking such action. 16.A ENFORCEMENT PROCEDURES Upon notification of an alleged violation of the Association’s Governing Documents by an Owner/Resident, a Board member, A&A Committee member, Association’s Compliance Officer, access control personnel, or another designated representative of the Association, the General Manager will investigate and upon verification of the violation, will take the following steps: 1. Violations of the Association’s Architecture and Aesthetics (A&A) Rules (architectural and landscape violations): a. Provide Homeowner a courtesy warning by personal contact, telephone or email specifying the violation of the Governing Documents and requesting the Homeowner cure the violation within ten (10) days of contact. If the Association is unable to make contact as specified, the Homeowner will be sent a Courtesy Warning Notice by first class mail. b. If the violation is not cured by date indicated following notification as provided in A.1.a above, or if there was a re-occurrence of the violation for which the courtesy notice was sent, the Association will issue a Violation Notice by personal delivery or first-class mail, requesting the owner cure the violation within ten days of the date of the Violation Notice. c. If a Violation Notice is sent and the violation is remedied by the date specified, a Hearing Notice is sent to the Homeowner in accordance with Section 16.B, Homeowner Hearing Procedure and Due Process Rights. d. Steps A.1 and A.2 may be skipped, and a Hearing Notice sent if the seriousness of the situation requires immediate action, or if it is a re-occurring violation. 2. Non-Architectural Violations and Violations of the Association’s Rules and Regulations. a. Upon verification, the Homeowner will be scheduled for a hearing before the Board of Directors pursuant to Section 16.B, Homeowner Hearing Procedure and Due Process Rights. b. Initiation of a Citation by the Association’s Security staff is considered verification that a violation has occurred. It is the discretion of the officer whether a citation is to be written. In many cases a warning is sufficient, such as if the violation is immediately corrected without protest by the violator and there is no knowledge of a recurring problem. If a citation is issued by Security staff for a violation of the Rules & Regulations and a fine assessed as authorized under Section 16.C.2, the Homeowner may either: i. Pay the fine indicated on the citation within 15 days of the citation date. If a person chooses
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