Although we rely on voluntary compliance, the Declaration (14.2) grants the Association the authority to impose fines for violations of the Rules and Regulations. If enforcement becomes necessary, it will progress according to the following guidelines.
STONEHEDGE TOWNHOMES FOURTH ASSOCIATION
Rules and Regulations Enforcement Process
To help ensure our neighborhood remains attractive and safe, owners, residents, and guests must abide by the Rules and Regulations. Although we rely on voluntary compliance, the Declaration (14.2) grants the Association the authority to impose fines for violations of the Rules and Regulations. When it becomes necessary, enforcement will with progress according to the following guidelines:
Two Board members may issue a verbal warning to the Unit Owner [here, the Owner], discussing the Rule violated and the required manner of compliance for the Owner to avoid a fine. When the Board members consider it appropriate, they may specify a deadline for correction of the violation to avoid possibility of a fine, or they may warn that recurrence of the violation during a specified period of time will cause the Association to pursue a fine or other legal sanctions or remedies (such as those described in Declaration section 14). Such a warning is at the discretion of the Board, and in case of serious violations, the Board may elect to initiate procedures for a fine, below, without a warning.
If the violation continues or recurs, or is deemed so serious that a warning is not appropriate, written notice will be sent by certified mail and via email to the Owner (Declaration 14.3). This notice will describe the nature of the violation, will propose a specific initial fine to be imposed on the Owner for the violation, and will inform the Owner of the right to contest the matter at a hearing of the Board, before the Association decides whether to impose a fine.
Once the hearing has been held or waived, if the Association decides to impose a fine, written Notice of Assessment of a Fine will be sent to the Owner via certified mail and via email. The notice will include the amount of the fine, a reasonable date by which it must be paid, and a warning that unpaid fines will become a lien against the property (Declaration 14.4).
Unless the fine is paid, the Association will bill the Owner for the fine and will file liens against the Unit as necessary. Should a lien be filed, the cost of lien filing and any attorney fees will be added to the amount of the lien (Declaration 14.5). Multiple violations may result in multiple liens and associated costs.
Repeated violations of the same provision of the Rules and Regulations may result in doubling of the fine with each repeat occurrence. (Pet owners are also reminded that Section 13 of the Rules and Regulations gives the Association an additional remedy, i.e. to require that the pet involved be removed.)
The initial fine amount will be determined on a case-by-case basis under the following guidelines:
Rules and Regulations Section Fine Guidelines
Item 2: Restrictions on Use of Property $500 per occurrence per month
Item 3: Restrictions on Changes to Property $100 per occurrence per month
Item 5: Front Yard, Step and Walkway Use $25 per occurrence per week
Item 7: Storage and Use of Patios and Decks $25 per occurrence per week
Item 8: Trash Disposal and Recycling $25 per occurrence per week
Item 9: Signs $25 per occurrence per week
Item 10: Rental of Townhouse $500 per occurrence per month
Item 12: Parking in the Community $50 per occurrence per day
Item 13: Control of Pets $25 per occurrence per pet involved
Item 14: Specific Alterations to Property $100 per occurrence per month
Item 15: Holiday Decoration and Religious Structures $25 per occurrence per week