The Board of Directors is authorized to impose fines
and monetary penalties under schedules of reasonable fines and penalties for
common or recurring violations of the Governing Documents.
When the Board is to meet to consider or impose
discipline upon a homeowner the Board shall notify the homeowner in writing at
least 10 days prior to the meeting. The
notice shall contain the nature of the alleged violation and a statement that
the homeowner has the right to attend the meeting and may address the Board. If the Board imposes discipline on a
homeowner, the Board will provide written notification of the disciplinary
action within 15 days following the action.
The below schedule of fines will serve as a
guideline for the imposition of appropriate penalties in the context of member
disciplinary proceedings. However,
alternative appropriate corrective penalties may be applied if the
circumstances warrant a greater or lesser fine.
A) Fines for violation of Declaration of Restrictions: (The
second and subsequent offenses are intended to mean violations of a similar
nature where the homeowner has allowed the violation to continue uncorrected or
to reoccur.):
·
First Offense: Courtesy Notice and warning of potential fine if not rectified within
the specified period of time.
·
Second Offense or an uncorrected initial offense: $ 25.00
·
Third Offense or continuing uncorrected offense:
$ 50.00
·
Fourth & Subsequent Offenses or continuing uncorrected offense: $ 100.00
When an offense goes
uncorrected beyond a specified “correct by” date an additional fine is imposed
per the above increments and the homeowner is given notice of a new correction
date.
Parking Violations: (separate charges apply to
each vehicle)
·
First Offense: Courtesy Notice and warning of potential fine if not rectified within
the specified period of time.
·
Second Offense or an uncorrected initial offense: $
10.00 per day
·
Third Offense: $
15.00 per day
·
Fourth Offense: $
25.00 per day
B) Architectural Violations:
Fines or remedies for Architectural violations will be dealt with on an
individual basis taking into consideration the severity of the infraction,
prior infractions and the detriment to neighboring properties and / or the
Association.
C) Assessments are due on the first day of the month following the
billing and are delinquent if not paid by the fifteenth day of the month. If an assessment becomes delinquent, the
owner shall incur a late charge of $10.00.
D) If delinquent assessments and late charges remain unpaid thirty
days following the due date, the delinquent amounts shall begin to bear
interest at a rate of ten percent (10%) per annum from
the due date until paid.
E) If assessments remain unpaid for a period of 60 days or more, the
owner’s account shall be referred to legal counsel or a collection agency to
initiate a lien as authorized by California Civil Code Section 1367. Owner shall be liable for fees incurred in
the collection process.
F) In lieu of pursuing foreclosure remedies, the Association may
refer a delinquent owner’s account to the Association’s Managing Agent with
instruction to initiate a Small Claims Court action to recover any fines duly
imposed by the Association which are not paid when due.