 |
FAIR OAKS ESTATES
HOMEOWNERS ASSOCIATION
POLICY RESOLUTION NO. 2003-1
Due Process Procedures in Enforcement Cases
WHEREAS, the Virginia Property Owners Association
Act ("Act") provides the Board of Directors ("Board") of the Association with
the power to assess monetary charges and suspend membership privileges of
Owners who are in non-compliance with the terms of the Declaration of Covenants,
Conditions and Restrictions, Bylaws, Articles of Incorporation and rules
or regulations ("governing documents") of the Fair Oaks Estates Homeowners
Association, Inc. ("Association"); and
WHEREAS, in order to enact the statutory power
to suspend privileges and/or assess monetary charges against Owners for non-compliance
with the governing documents of the Association, the Act requires that the
Board formally adopt and publish a written resolution implementing such action;
and
WHEREAS, for the benefit and protection of all
Owners and to encourage compliance by all members, the Board deems it desirable
to formally adopt the following procedures.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. INFORMAL RESOLUTION
The Board and/or its managing agent will typically strive
to resolve instances of non-compliance by means of informal, personal contact,
telephone or written reminders or any other method which is deemed appropriate
to remedy non-compliance with as little inconvenience to all parties. However,
if such attempts are not appropriate or if, in the sole discretion of the
Board or management, formal enforcement is necessary, the citation and hearing
process set forth below may be invoked.
2. INITIAL CITATION
On behalf of the Association, the Board or management
may issue a citation to any Owner whose behavior or use (or that of his/her
family, tenants, guests, etc.) of the lots or common areas of the Association,
does not conform to the governing documents. The citation shall:
- Be delivered by hand or by first class mail to the Owner at his/her
address listed in the Association's records, and to the property address,
if the Owner's listed address is different from the Association address.
- Generally advise the Owner of the nature of the violation, cite the
specific provision within the Association's governing documents which
has allegedly been violated and, if the violation is continuing, a period
of time in which the Owner must correct the violation.
3. HEARING NOTICE
If the Owner repeats a violation, does not remedy the
violation within the number of days requested in the notice of citation or
if the violation is deemed serious enough by the Board, a hearing notice will
be sent to the Owner and shall:
- Remind the Owner of the Board's power to impose monetary charges,
suspend privileges, or other actions as a result of the violation.
- Inform the Owner of his/her right to request a hearing before the
Board to contest the citation. The notice of citation shall request
that the Unit Owner confirm in writing by a certain date his/her desire for
a hearing to contest the citation.
- Be delivered by hand or registered or certified mail, return receipt
requested, to the Owner at his/her address listed in the Association's
records, and to the property address, if the Owner's listed address
is different from the property address. Notification will be deemed
effective if any Owner fails or refuses to sign for any registered or certified
mailing from the Association.
4. ACTION WITHOUT A HEARING
If the Owner does not remedy the violation within the
number of days requested in the hearing notice or if the Owner has not requested
a hearing in writing by or before the hearing confirmation date, the Owner
shall be deemed to have waived the right to a hearing and the Board shall
have the power to impose monetary charges, suspend privileges and/or other
actions pursuant to the authority granted in Section 55-513 of the Act and
the governing documents.
Notice of the Board's decision shall:
- Be delivered to the Owner by hand or mailed by registered or certified
mail, return receipt requested, at his/her address listed in the Association's
records, and to the property address, if the Owner's listed address
is different from the property address;
- Be sent within seven (7) business days of the date of the decision
or such other period allowed by the Act.
5. HEARING
When a hearing is requested by the Owner in writing by
or before the deadline, the Board shall set the time, date and place of the
hearing at its discretion. Written notice of the time, date and place
of the hearing shall:
- Be delivered to the Owner by hand or mailed by registered or certified
mail, return receipt requested, at his/her address listed in the Association's
records, and to the property address, if the Owner's listed address
is different from the property address;
- Be sent at least fourteen (14) days in advance of the hearing date;
- Inform the Owner of the potential sanctions (currently charges of
up to $10 per day for a continuing violation, not to exceed a period of 90
days, and $50 per individual violation may be imposed).
At the hearing, the Board shall provide the Owner with
a reasonable amount of time to be heard and to present information which bears
on the alleged violation. The Owner may have counsel present at the
hearing.
Following the hearing, the Board shall meet in executive
session to determine whether satisfactory proof of the alleged violation was
presented, and if so, whether monetary charges should be imposed and/or privileges
should be suspended. Notice of the hearing results shall:
- Be delivered to the Owner by hand or mailed by registered or certified
mail, return receipt requested, at his/her address listed in the Association's
records, and to the property address, if the Owner's listed address
is different from the property address;
- Be sent within seven (7) business days of the date of the hearing
or such other period allowed by the Act.
6. OTHER REMEDIES
The procedures outlined in this Resolution may be applied
to all violations of the governing documents, but do not preclude the Association
from exercising other enforcement procedures and remedies authorized by the
Association's governing documents or law, including, but not limited
to, the initiation of suit or self-help remedies.
The Board reserves the power to assign all of its powers
and responsibilities herein to a standing or special committee of its choice
or to its manager or managing agent.
The effective date of this Resolution shall be January
19, 2004 and shall control in the case of a conflict with any prior regulations,
guidelines or resolutions.
/s/ Mark MacDonald
President
/s/ Doug Knoche
Vice President
/s/ Chris Mustain
Director
CERTIFICATE OF MAILING OR DELIVERY
The Managing Agent hereby attests that these Policy Resolutions were mailed
to the addresses of record of the Owners on this 9th day of February, 2004
February 9, 2004
Louise Kehoe
Date
Secretary,
Fair Oaks Estates Homeowners Association, Inc.
|
