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No. 020804-R01

Approved: 03/29/05

POLICY: FINES

PURPOSE:

To provide the Board of Directors with a standard procedure for warning and fining owners of lots, owners of vacation homes or primary residences, or owners of rental homes who violate Deed Restrictions or Camelot Forest Conservation Association, Inc.’s Rules and Regulations or Policies.

PROVISIONS:

  1. The Board of Directors will confirm that a member is indeed in violation of the Association’s Rules and Regulations, Policies, Deed Restrictions, and/or Bylaws.
  2. The Board of Directors shall send to the member, via certified and regular mail, a Warning Notice. This letter will request the owner cease, undo, repair, make good on, reimburse costs, or any other means to remove the violation. The party(s) has 30 days in which to start corrective action or 14 days to file an appeal with the Board of Directors, who shall then schedule a hearing on the matter.
  3. If, after 30 days, no resolution or response has occurred or a hearing has not been conducted, the Board of Directors shall impose a First Offense a minimum fine of $100.00. Mail contact, as outlined in No. 2, shall take place, noting the fine. A request for a response to the Hearing Notice within 30 days shall also be included.
  4. If, after another 30 days, no resolution or response has occurred, the Board of Directors shall impose a Second Offense a minimum fine of $200.00. Mail contact, as outlined in No. 2, shall take place, noting the total fines imposed and a statement that the Board of Directors plans to lien the property if a resolution of the complaint does not occur. A request for a response to the Hearing Notice within 30 days shall be included.
  5. If, after 30 days, no resolution or response has occurred, the Board of Directors shall impose a third and final minimum fine of $300.00, and shall begin the lien process. Mail contact, as outlines in No. 2, shall take place. The total fines shall be noted $600.00 minimum and the offender shall be informed that a civil complaint will be filed to seek payment and the lien process will begin within 30 days if the fine is not paid. A response within 30 days to the Hearing Notice will be requested.
  6. Should the party(s) fail to take corrective action within 30 days, pay the fine, or appeal the matter to the Board of Directors' Hearing, the Association will file a civil complaint to seek payment of the fine, plus costs, and enforced compliance by the courts.
  7. Should a judgment be entered in favor of the Association and the party(s) fails to make payment and comply with the court order, the Association will lien the property, seek a court injunction with regards to compliance, and proceed to Sheriff's Sale if necessary.
  8. Special Note: The cutting of trees without a permit will be cause for a fine that may equal the approx. value of the trees cut but not less than $100.00 minimum.
  9. Special Note: If a member has an outstanding fine pending and it comes to the attention of the Board of Directors that the property is for sale, a civil complaint will be filed for any outstanding fines and if not paid at that time, the lien process will be instituted immediately.
  10. Special Note: If an Association member or his/her real estate agent should post a For Sale sign on any lot or home within Camelot Forest, in direct violation of the Association's Deed Restrictions, a Warning Letter and a scheduled hearing date with the Board of Directors will be sent via certified and regular mail, requesting compliance with the Deed Restriction within 30 days. If the member fails to comply within 30 days, a $100.00 file shall be imposed, a civil complaint will be instituted, and the lien process and Fine Policies will begin as in Nos. 4 and 5 above.
  11. The Grievance process does not apply to fines.