1.1. This Rule A.1 establishes in accordance with Article VII, Section 5 of the Declaration, a Fining and Suspension Procedure and a schedule of fines, associated charges, and other sanctions that the Association may levy as the result of violations of its collective RULES AND REGULATIONS and of violations of restrictions in its “Amended and Restated General Declaration of Covenants and Restrictions”, its “Class A Covenants”, and its “Class B Covenants” where those fines, associated charges, and sanctions are not specifically defined elsewhere in these RULES AND REGULATIONS.
2. Fining and Suspension Procedures
2.1. The Board shall not impose a fine or suspend the right to vote or to use the Common Property (unless a Property Owner is shown on the books or management accounts of the Association to be more than thirty (30) days delinquent in any payment due the Association in which case such suspensions shall be automatic); unless and until notice of the violation is given as provided in subsection (a) below. Any such fine or fines may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator’s right to request a hearing before the Board to
challenge such fine under subsection (b) below.
Notice. If any provision of the Declaration or By-Laws or any rule or regulation of the Association is violated, the violator will be served with written notice sent by first-class mail, which shall state: (i) the nature of the alleged violation; (ii) the proposed sanction being imposed; (iii) a statement that the violator may challenge the fact of the occurrence of a violation, the sanction, or both, by written challenge and written request for a hearing before the Board, which request must be received by the Board within (10) days of the date of the notice; and (iv) the name, address, and telephone number of a person to contact to challenge the proposed action. If a timely challenge is made and the violation is cured within ten (10) days of the date of the notice, the Board, in its discretion, may, but is not obligated to, waive any sanction or portion thereof. In the event of a continuing violation, each day the violation continues or occurs again constitutes a separate offense, and fines may be imposed on a per diem basis without further notice to the violator.
Hearing. If a written request for a hearing is received from the violator within ten (10) days of the date of the violation notice provided above, then the Board shall schedule a hearing, affording the violator a reasonable opportunity to be heard. The hearing shall be set at a reasonable time and date by the Board, and notice of the time, date (which shall not be less than ten (10) days from the giving of notice without the consent of the violator), and place of the hearing and an invitation to attend the hearing and produce any statements, evidence, and witnesses shall be sent to the alleged violator. Proof of such notice shall be placed in the minutes of the meeting.
Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if the violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board may establish rules of conduct for such hearing, which may include limits on time and the number of participants who may be present at one time. This section shall be deemed complied with if a hearing is held and the violator attends and is provided an opportunity to be heard, notwithstanding the fact that the notice requirements contained herein are not technically followed. Failure to request the hearing within the 10-day time frame as provided herein shall result in loss of the right to challenge and request reconsideration of the fines.
Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Board may elect to enforce any provision of the Declaration, the By-Laws, or the Rules and Regulations by self-help (specifically including, but not limited to, the towing of vehicles from Common Area Property that are in violation of parking regulations ) and/or by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity for compliance with the procedure set forth in subparagraph (a) above.
3. Schedule of Fines
3.1. The fine for a first offense is $50. If the offense is continuing in nature, the fine will be $50 per day beginning ten (10) days after the date of the notice.
3.2. The fine for a second offense of the same type violation committed within twelve (12) months of the notice of the first offense will result in a fine of $100. If the offense is continuing in nature, the fine will be $100 per day.
3.3. The fine for third and subsequent offenses of the same type violation committed within twelve (12) months of the notice of the first offense will result in a fine of $150. If the offense is continuing in nature, the fine will be $150 per day.
3.4. Notwithstanding the foregoing progressive schedule of fines, the Board, at the recommendation of the General Manager, may declare a given violation to be of a serious nature and may assess a fine of up to $5,000 for any one offense, or a fine of up to $5,000 and up to $500 per day for a continuing offense.
4. Associated Charges
4.1. Interest and costs of collection shall be added to any fines levied as a result of any violation of these RULES AND REGULATIONS or other governing documents if such fines are not paid within thirty (30) days after written notification.
4.2. Unpaid fines, as well as interest and other charges thereon, will become a charge against the account of the involved Property Owners and will be subject to the full collections procedures of the Association.
5. Responsibility for Actions
5.1. Property Owners will be held responsible for the actions of themselves, and their family members, Tenants, and Guests.