The enforcement procedures described below are based on the Declaration and Bylaws of the 100 Acre Woods Townhouse Association as well as actions of the Board of Directors (as recorded in minutes and noticed to residents). These source documents should be consulted for any topics not covered herein.
REPORTING VIOLATIONS
Complaints concerning violations of the rules and restrictions, guidelines, or any provision of the Association’s Declaration and Bylaws by an owner or resident must be submitted, in writing, to the Board of Directors or Management Company, signed by the unit owner. Members of the Board of Directors, committee members (if so authorized) and Management Company representatives may verbally report any violation.
The complaint must be in sufficient detail to determine whether a violation has occurred.
INVESTIGATION
A member of the Board of Directors, an authorized committee member, or a representative of the Management Company shall investigate the complaint to determine whether there is a reasonable cause to believe that a violation has occurred.
VIOLATION NOTICE
If a violation occurred, the Association will send a written violation notice describing the violation to the owner and/or resident to start any action which may be necessary to correct the violation within a maximum of ten (10) days. The written notice shall also contain a provision for a hearing and state the potential consequence for noncompliance.
If a violation is not corrected within ten (10) days, a second notice will be sent by certified mail and administrative costs assessed to the owner. This second notice will again inform the owner/resident of the violation, the action required to correct it, date of a proposed hearing (if applicable), and the fine or other penalties imposed by the Association.
HEARING
All Association members and residents shall have the right to a hearing which can be conducted either by the committee responsible for rules enforcement or by the Board of Directors. The date, time and place of the hearing will be established by the committee or Board and will be included in all written violation notices.
If the hearing is conducted by a committee, the owner/resident may appeal the committee’s decision to the Board of Directors. Any decision rendered by the Board of Directors is final.
FINES & PENALTIES
If an owner/resident does not comply with the initial ten-day notice, the Board of Directors may, commencing the eleventh (11) day, impose penalties and/or fines. The penalties could include loss of Association privileges such as use of recreation facilities, voting at membership meetings, etc.
The Board of Directors may also impose fines. Depending upon the seriousness of the violation, the fine could be either enacted for each incident or a fine charged for each day the violation remains uncorrected. The Board of Directors has full authority to establish the amount of fines and loss of privileges or other penalties as outlined in the Declaration.
When a fine is imposed, notice will be mailed to the unit owner. The amount charged is due upon receipt of notice.
NON-COMPLIANCE
In the event that an owner or resident does not comply with the violation notice and/or does not pay the fines assessed by the Association, the Board of Directors may take legal action against the owner for collection of the fines and compliance with the Association’s rules, restrictions and guidelines. Any expense associated with legal action, including court fees, attorney fees, etc., which may be incurred by the Association shall be added to the complaint and become the responsibility of the owner to pay.
When a judgment is awarded by the Court that remains unpaid, the Board of Directors may place a lien for the amount of the judgment against the owner’s property.
PET FINES
If a member or resident does not comply with the first written notice concerning a pet violation, the Board will levy a $25 fine. If, within six (6) months, the pet violation occurs a second time, a second fine will be imposed. If it occurs a third time, a fine will be imposed and the member will be asked to appear before the Board of Directors at its next regularly scheduled meeting to discuss the member’s pet responsibilities. If the member does not appear before the Board, an additional automatic fine will be assessed. If the incident occurs again, an additional fine will be assessed and the Township will be notified.