CC&R Violation Policy and Fine Schedule
1.A warning letter will be sent to the homeowner in violation requesting that they cease and desist and remedy the violation immediately.
2.A homeowner will have 10 days from the date of the letter, not the postmark or date received, to remedy the violation according to the requirements and/or instructions set forth in the CC&Rs and from the ACC.
3.If the homeowner has not remedied the violation by midnight of the 10th day, the homeowner will be fined $25.00 per day each day until the homeowner is in full compliance according to the requirements and instructions set forth in the CC&Rs and from the ACC.
4.If a homeowner finds that they will be not be able to be in full compliance before midnight on the 10th day, the homeowner may provide the Board with a proposal in writing by midnight of the 10th day, either by post or email, on how they plan to get in compliance and why they would be unable to comply within the required 10 days. For lawn maintenance violations, the homeowner will have 30 days to remedy the problem IF they contact the Board within the 10 day period to work out a solution. According to the CC&Rs, the Board may hire a maintenance company to take care of any yard that has not been maintained and charge the homeowner's account.
5.All fines will be billed monthly starting on the 1st day of the next month after the date of the letter with an annual interest rate of 18%. There will be a one month grace period to pay without interest. For example, if the letter was dated June 13th and the homeowner was not in compliance by midnight of the 10th day from June 13th, then the homeowner would be billed the applicable fines as of July 1st. The HOA must receive payment before August 1st in order for the homeowner to not get charged interest.
6.If the fines are not paid, then the Board will turn the matter over to a collection agency or collection attorney and/or a lien will be recorded against the homeowner’s property without notice. The homeowner will also be billed for any attorney or collection agency fees and costs associated with collection and charged interest.
7.A homeowner may attend the next meeting of the Board to appeal any decisions or fines.
8.Homeowners may notify the Board or ACC of any fellow homeowners in violation of the CC&Rs by writing or emailing the Board or the ACC.
