In the event that the owner wishes to discuss the allegations with the Board of Directors, the owner must mail or deliver a written
request for a hearing
to the Association within 10 days from receipt of a notice of enforcement. The following must take place:
The Board must make arrangements for the requested hearing to be held no later than 60 days after the date the written request was received.
The Board shall provide the owner with a written notice that includes the date, time, and location of the hearing at least 10 days prior to the hearing date.
With mutual agreement, either party may request a postponement of the hearing; however, a new hearing date must be set and kept. Hearings may not be indefinitely postponed.
The proceedings may be recorded by either party and the owner does not have to be present for the hearing to be conducted.
The hearing will be held in Executive Session to protect the privacy of the property owner. The Board and requesting owner will have the right to present evidence. Reasonable time will be allotted for discussion of the issue.
Proof of the hearing, evidence or written notice to the owner to abate action, and intent to impose an enforcement assessment shall become a part of the hearing minutes.
The owner must receive notice of the Board’s decision and any enforcement assessment imposed within 30 days of the hearing.
If the Owner fails to request a hearing within 10 days of the second enforcement letter -
Notice of Intent to Impose an Enforcement Assessment and Revoke Privileges -
the right to that hearing is waived, and the enforcement assessment may be imposed.
The Board of Directors is committed to exercising their authority in a fair and impartial manner. The Board members do not serve as detectives, rather they are elected to uphold the provisions contained within the Association’s governing documents with consistency. They may consider special circumstances or decide to proceed with legal action for any violation of the Warranty Deed, Bylaws or Design Standards at their sole discretion following either the hearing requested by the owner or the deadline expiration to request such a hearing. Once the Board has referred the violation to an attorney, all future communications must be directed to the attorney.
In the event that an individual board member has personally witnessed or was personally affected by an alleged violation, that board member assumes the role of a complaining owner and must relinquish his or her role as a decision-maker with respect to that particular matter. Should a board member have any involvement in the matter, he or she must exclude oneself from participating in any discussion, vote or other board business relative to that particular violation to ensure impartiality.