After an ample amount of feedback on the fines issues, I have revised the amounts and frequency of imposing the fines. This has led to a re-write of the original proposal.
Below is what I will be vetting with members and Board at our SEP 22 meeting.
I wish to extend a sincere thank you to all of you who have thoughtfully and willingly offered your heartfelt opinions on this matter.
Fines for SVL Violations of Restrictions, Covenants, Reservations, or other Rules Properly Promulgated and Published.
PREAMBLE: Article III, Section 1. n. of the Sugar Valley Lakes Homes ASSC. INC, states that the Association may prosecute by law or in equity (other remedies; often monetary) to prevent or address a violation or to account for damages.
VIOLATIONS: May be reported by members, guests or staff. Staff will address a properly filed report of violations of SVL Restrictions, Covenants and Reservations, or other rules properly promulgated and published by SVL.
Step # 1: Notify member by letter or other effective communication medium of an alleged violation and a request to address the violation and come into compliance. To insure due process, if a member disagrees with the violation charge he or she may request an impartial hearing of his or her member peers. Hearing requests must be made in writing within 14 days of the date of the first letter or communication. Decisions of the hearing board are the final determination by SVL.
Step #2: If after 14 days the validity of the ‘Step #1’ violation charge has not been challenged or it has not been fixed by the member, a second notification is sent regarding the violation and the request for redress within the next 14 days.
Step #3: If after ‘Step #2’ process deadline has passed and the member still is not in compliance, a communication is sent and SVL may levy a fine or other action against the member. The fine will be immediately posted to the member’s annual assessment. The fine will be due and payable within thirty days after it has been posted. If the violation is not resolved and the fine not paid the member will be considered a repeat offender. Each ensuing incremental month shall constitute a repeat offence if the violation is not resolved.
If the adjudicated situation also violates county code or state statutes appropriate enforcement officers are contacted, reports made and then they will be asked to help intervene and bring the member into compliance.
REPEAT OFFENDERS – those whom do not come into compliance. Repeats are in 30-day increments.
$00 First and second notification of offense and owner compliance within 30 days.
$100 Subsequent and repeat offense - 3rd time.
$250 Subsequent and repeat offense - 4th time.
$500 Subsequent and repeat offense - 5th or more times.
Additionally, SVL may file a civil suit to enforce compliance.
Driver/operator/owner/guest/trespasser: fines for violations occurring on Association roads, side roads, lakes, common property and other areas where vehicles or vessels may traverse, be parked or stored.
$100 First offense.
$200 Second offense in a 365-day period.
$300 Third offense in a 365-day period.
$400 Forth or more offenses in a 365-day period - privileges are indefinitely suspended.
$1000 Driving on Association roads or properties while suspended by the Association.