Enforcement Policy
Adopted: January 9, 2023
Infractions of Operating Rules
The Association operating rules are intended to minimize the occurrence of most situations that may otherwise lead to unfriendly confrontations among residents and/or visitors. To enforce one of these rules the Association is empowered to levy reasonable fines, provided that the rule is reasonable, nondiscriminatory, and consistent with the governing documents.
The Board prefers to achieve voluntary compliance with the Operating Rules, but it will impose penalties, if necessary, to discourage violations of these rules. Actions the Board may take include:
- Removal of animals that constitute a nuisance.
- Towing of vehicles under some circumstances.
- Monetary fines reasonable in relation to the offense.
- Court orders.
Determining that an infraction has occurred
An infraction of an Association Operating Rule may be either an act of failing to do what is required or of doing what is not permitted. To obtain enforcement of any Association Rule, a resident should call any infraction of it to the attention of the Association Manager. The Manager shall notify the homeowner alleged to be responsible for the alleged infraction, and that homeowner will have 15 days to respond to the charge.
Penalty for infraction of an Operating Rule
If monetary fines are imposed, action shall follow this schedule:
- First Occurrence:
- Manager shall notify the violator (in the case of a tenant or guest, will also notify the homeowner of record) in writing of the nature of the infraction, giving all information necessary to properly identify the infraction.
- Repetition of an Infraction:
- After a repetition of an infraction by someone who has received a warning letter within the previous 12 months, the association may impose a penalty, following a Rules Violation Hearing before the Board of Directors, according to the following schedule of penalties:
First Infraction: Warning Letter Second Infraction: $100 fine Third Infraction: $200 fine Each Subsequent Infraction: $200 fine A fine imposed as penalty for repeated violation of an Association Operating Rules will be assessed against the homeowner's lot and shall be treated in accordance with Articles III, IX, and XIV of the CC&Rs. Penalties imposed are payable immediately and failure to pay will result in the levying of late charges and interest and may result in the in suspension of the owner's right to vote or make use of Association Common Area Facilities.