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References: (a) Protective Covenants Cypress Landing paragraph,
ENFORCEMENT.
(b) By-Laws of Cypress Landing Homeowners association. Inc., Article VI,
VIOLATIONS.
Introduction and Background
The references address the responsibility and actions of
the Cypress Landing Master Homeowner Association (CLMHOA) property owners
and the CLMHOA, through its Board of Directors ("Board"),, for the
identification and enforcement of violations of the Protective Covenants,
By- Laws, and Rules of the Association.
All individual property owners and the Board may cause
the Protective Covenants, By-Laws, and Rules to be enforced. Reference (b)
specifies in part that "in the event of a violation (other than the
nonpayment of an assessment)¹" by a property
owner of any of the provisions of the Covenants, these By-Laws or any
other rules of the CLMHOA, the Community Association Manager, at direction
of its Board, may notify the property owner of such by written notice..
."and if such violation shall continue for a period often (10) days from
the date of such notice", the Board shall have the right to "treat such
violation.. .as an intentional and inexcusable and material breach....".
This policy stipulates the provisions for enforcement
that the Board may deem appropriate in electing actions to treat such
violations.
Policy
All property owners and the CLMHOA Architecture Control
Committee (ACC) may identify potential violations by notifying the
Community Association Manager.
The Community Manager will verify that the violation
exists. Any questionable violation will be referred to the Board to
determine the validity and if action is required.
Once a violation is verified the following process will
be executed.
1. The property owner associated with the violation will
receive a positively worded notification letter or email from the
Community Association Manager explaining the violation, outlining
corrective action to be taken within 30 days, and warning of a penalty if
no action is taken. The Community Association Manager will make one
attempt to telephone or email the property owner the day the letter is
generated to discuss the situation and alert the property owner that a
letter is forthcoming. The property owner will be requested to report to
the Community Association Manager by letter or email, when the corrective
action is completed. The issue will be closed upon receipt of the report
and verification by the Community Association Manager that the required
corrective action has been taken..
2. If no corrective action is taken within 30 days of
die notification letter, the property owner will be sent a "due process"
letter re-notifying the property owner of the violation, stating the
amount of fine that may be accessed, and the date, time, and location of a
due process hearing. The due process letter will request that the property
owner attend the hearing and present any evidence, showing that the
violation is invalid or corrected. This letter will also advise the
property owner of their waiver of any right to be heard if they do not
attend the hearing.
3. Due Process Hearing - The Board will hold any needed
hearing at a regularly scheduled or special Board meeting. Every effort
will be made to ascertain the property owner involved is present at this
hearing. The Board will take all evidence into consideration at any
hearing and determine if a covenant, by laws or rules violation exists.
Any property owner in violation of its obligations of
membership, as determined by the Board,, shall be subject to such action,
as the Board may deem proper. The Board may impose a period of suspension
of amenity rights and privileges, assign a monetary fine, or elect to
initiate actions as prescribed in reference (b). The Board may assign a
combination of these actions as deemed appropriate.
For violations involving unseemly conduct by a property
owner, in either action or appearance, a suspension of amenity rights of
up to thirty (30) days may be appropriate. Such suspension shall not serve
to abrogate any CLMHOA indebtedness.
If a violation exists, the Board will determine the
amount and frequency of fines to be assessed on the property owner as well
as when the fines will begin and what corrective action is needed to stop
the fines. The authority to access and collect fines is granted to the
CLMHOA by the "North Carolina Planned Communities Act" enacted in 1999 and
amended in 2005 by the legislature of North Carolina. A fine not to exceed
one hundred dollars ($100.00) may be imposed for the violation and without
further review, for each day more than five days after the decision that
the violation occurs. A copy of this Act along with legal documents
related to Cypress Landing, can be viewed at the Community Association
Manager's office during normal business hours as well as found online
through the state's web site.
4. The Board President will notify property owner(s) in
writing of the decision made at the due process hearing. This decision
notice will be transmitted by first class mail. If fines are to be
assessed, the Community Association Manager will assess fines consistent
with the decision at the hearing.
5. Collection of fines will follow guidelines used for
collection of annual assessments. Any legal action to collect fines will
use the same process as action to collect annual assessments.
6. Any notice of appeal must be made in writing by the
affected property owner within fifteen (15) days of the decision notice,
but any monetary penalties so involved shall still accrue at the schedule
indicated. The Board shall respond to such appeal with written notice at
its next meeting to allow for the member to be heard. Final disposition of
the appeal will be made at such hearing.
¹ The process for
dealing with nonpayment of assessments is specified separately in
reference (a).
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