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LIBERTY HIGHLAND HOMEOWNER ASSOCIATION VIOLATION & FINE POLICY

1. Establishment of Violation

Any activity or condition continuing on any lot or common areas or conduct of the lot owner, renter or Guest that is in direct opposition to the declaration, articles of incorporation, bylaws, rules and regulations and/or guidelines (referred to as “association’s governing documents”), which is not expressly authorized by the Board of Director (“Board”), including the late payment of association dues, are deemed a “ violation” for enforcement under this Violation and Fine policy for all purposes.

2. Notice of Violation

Prior to reporting an infraction or dispute to the Association, residents should make every reasonable attempt to resolve the matter between each other first. Violations must be documented and reported, in writing, to the Board of Directors or through the Association. Please include date, address and time of incident; anonymous complaints may not be acknowledged or acted upon unless verified by the Board or Agent, except late payment of Annual dues, which will be addressed in fine schedule. 

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  1. Initial Notice. Upon verification of the existence of a violation by the Board, an initial violation letter will be sent to the lot owner, a written notice of the discovery of the violation (“initial notice”). The initial notice will inform the recipient as follows:​​

    1. ​The nature, description and location of the violation; and

    2. A request to remedy the violation; and

    3. If the violation has already been corrected or plans and specifications for a subject improvement have been submitted to the architectural review committee to disregard the notice.
       

  2. Second Notice of Violation. If the lot owner fails to remedy the violation or fails to submit plans and specifications for the offending improvement to the architectural review committee or if the architectural review committee has denied approval of the plans and specifications submitted, and the violation is continuing, no earlier than ten(10) days from the initial notice (unless specifically provided for in the association’s governing documents), Board shall send to the lot owner a second notice of violation informing the recipient as follows:​

    1. The nature, description and location of the violation and the failure of the lot owner to correct the violation, as previously requested; and

    2. Notice that if the violation is corrected or eliminated within ten (10) days from the delivery of the second notice of violation, no further action will be taken; and

    3.  If necessary, work on any improvement must cease immediately and may not resume without expressed written approval of the architectural review committee; and​

    4. Failure to remedy or cease work on any subject improvement will result in the
      association electing to pursue any one or more of the remedies available to the association under the declaration or this enforcement policy.

       

  3. Failure to Remedy. Failure to (i) cease all work immediately upon receipt of the second notice of violation, or (ii) remedy the current violation existing upon the lot within ten (10) days of the date of the second notice of violation (or sooner if specifically provided), shall constitute a continuing violation and result in one or more of the following: (a) a fine being levied by the association against the lot owner, (b) correction of the offending improvement by the association at the expense of the lot owner through a benefitted assessment being levied against the lot owner, which may be recorded as a lien against the lot or (c) any other remedy under law or at equity, the declaration or this enforcement policy, including but not limited to injunctive relief. Board shall send to the lot owner a formal notice of fine informing the recipient of the continuing violation and the remedy chosen as a result thereof. The date of the notice of fine shall be the
    “no- tice of fine date.”
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  4. Fine Structure. At the Board’s discretion, pursuant to the provisions of Paragraph 2, an initial fine may be imposed from $10 to $1,500 followed by fines imposed at the rate of $10 to $100 per occurrence, day, week or month, pursuant to the association’s fine schedule.

  5. Hearing. Included in the notice of fine will be the opportunity for the lot owner to request and be granted a hearing by the appropriate committee or the Board prior to any fine or benefited assessment being levied upon the lot owner. The notice of fine will allow the lot owner ten (10) days to contact the Board, in writing, to request a hearing or issue a written dispute of the continuing violation. Should the lot owner fail to contact the Board within ten (10) days of the notice of fine date, that party will have waived its opportunity for said dispute to be heard before the board of directors. All cases that are up for fine review will be heard by the board of directors at their regularly scheduled meetings.

3. Corrective action

Pursuant to allowances granted by the declaration, where a violation is determined to exist and referred to the board of directors of the association, pursuant to any provision of this enforcement policy, Board, may undertake to cause the violation to be corrected, removed or otherwise abated by qualified contractors or if Board, in its reasonable judgment, determines the violation may be readily corrected, removed or abated without undue expense and without breach of peace. Where Board decides to initiate any action by qualified contractors, the following will apply:

  1. Board must give the lot owner and any third party directly affected by the proposed action prior written notice of undertaking of the action. The foregoing notice may be given at any time.

  2. Cost incurred in correcting or eliminating the violation will be referred to the association to be recovered from the lot owner as an assessment as set forth in the declaration.

  3. The association, and its agents and contractors, will not be liable to the lot owner or any third party for any damage or costs alleged to arise by virtue of action taken under this Paragraph 3 where the association and its agents have acted reasonably and in conformity with this enforcement policy.

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4. Referral to legal counsel

Where a violation is determined to exist and is referred to the Board of Directors of the association pursuant to any of the provisions of this enforcement policy and where Board deems it to be in the best interests of the association, the Board may, at any time during the enforcement process, refer the violation to legal counsel for action seeking injunctive relief against the lot owner to correct or otherwise abate the violation, or to pursue any other legal or equitable remedy that may be available to the association.

5. Notices

  1. Any notice required by this enforcement policy to be given, sent, delivered or received in writing will be deemed to have been given, sent, delivered or received, as the case may be, the earlier to occur of the following:

    •  When it is emailed to the Lot owner’s provided email.

    • When the notice is placed into the care and custody of the United States Postal Service, the notice is deemed delivered as of the date the notice is deposited into a receptacle of the United States Postal Service with postage prepaid and addressed to the most recent address of the recipient according to the records of the association. 

    • When the notice is hand-delivered or posted at the property.

  2. Where the interests of an owner in a lot have been handled by a representative or agent of such owner or where owner has otherwise acted so as to put the association on notice that its interests in a lot has been and is being handled by a representative or agent, any notice or communication from the association or Board pursuant to this enforcement policy will be deemed full and effective for all purposes if given to such representative or agent.​

6. Cure of violation during enforcement

A Lot owner may correct or eliminate a violation at any time during the pendency of any procedure prescribed by this enforcement policy. Upon verification by the Board that the violation has been corrected or eliminated, the violation will be deemed no longer to exist and the notice of violation voided. The lot owner will remain liable for all costs, fines and attorney fees and costs under this enforcement policy, which said amounts, if not paid upon demand thereof by Board, will be referred to the association for collection as an assessment pursuant to the Declaration.

 

If a violation should reoccur during a six (6) month period, the violation shall continue on the violation process where the last notice was given.

Fine Policy

When an owner (including any family member, resident, occupant, visitor, guest, agent, licensee or tenant of the owner) violates the provisions set forth in the association’s governing documents (i.e., the declaration, articles of incorporation, bylaws, rules and regulations and/or guidelines), there shall be grounds for assessment of a monetary penalty/ fines and the violating owner shall be deemed responsible for such violation(s) and the fine assessed.

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If the violation continues past default, a fine or penalty may be assessed against the Lot owner and will be due and payable, if the violation continues to exist. The fine shall be considered the personal liability of the owner. The following schedule is the time frame an owner has to cure his/her/their/its violation before the association may
reassess the status of the violation:

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Scheduled Time for Correction

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VIOLATION**
 

Initial notice of violation

Second notice of violation

Third notice of violation

Fourth and subsequent notice
of violation, which may
be assessed without further
notice until the violation is
cured

TIME TO CURE BEFORE VIOLATION IS REASSESSED

Ten (10) days*

Ten (10) days*

Ten (10) days*

Ten (10) days*

FINE AMOUNT**
 

Courtesy – No fine*

Violation and Fine schedule**

Violation and Fine schedule**

Violation and Fine schedule**

* Association, through its board of directors, reserves its right to alter timeline and fine amount under circumstances that it determines are just in the board’s sole discretion. The association reserves the right to refer any violation to its legal counsel at any time.

** Fine amounts please refer to Violation and Fine schedule

Collection

Fines that are levied as stated above may be assessed against a Lot owner and may become due and payable within 30 days after the fine is assessed after providing the owner with notice and an opportunity to be heard. Failure to pay the fines may result in the following collection procedure:

  1. Interest accruing on the total balance owed at the rate of six (6%) percent per annum;

  2. After the initial 30 days, a demand letter sent to the owner via U.S. Mail or personally delivery to the owner. The owner will be provided 15 days in which to respond. The owner will be charged for the cost of this letter. If the owner fails to bring his balance current within the 15 days prescribed in the demand letter, the association may place the owner in collections and the association may proceed with the legal remedies available to it including Lien on property. 

    The owner will lose all voting rights until the balance is paid in full. Any and all costs associated with the collection of the past due fines, costs, attorney’s fees and other charges including cost to place lien on property will be assessed against the owner’s lot. Legal counsel may initiate action seeking injunctive relief against the lot owner to correct or otherwise abate the violation, or to pursue any other legal or equitable remedy that may be available to the association, including, but not limited to the collection of the past due fines assessed and other charges and attorney fees incurred.

Violation & Fine Schedule

Pursuant to the Association’s governing documents of Liberty Highland Homeowners Association (“Association”), the Board of Directors has the authority to “adopt and publish rules and regulations governing the Lots, Common areas of the LHHA and the personal conduct of the members and their guests thereon, and to establish penalties for infractions thereof.” In accordance with such authority, the Board of Directors of the Association adopts the following sanctions and remedies for violation of the Association’s governing documents including late payment of association dues:

VIOLATION

Architectural Violation – all exterior additions, removal or alterations or installation of fences or landscaping are subject to Association approval (Declaration, Article 2,3,4,5,6,7,8,12,15,16,19,20

Additions or alterations on common area without approval

Additions or alterations exterior of unit without approval per above articles

Offensive , Unpleasant or Hazardous Material - damage
caused by excess storage of flammable fluid, explosives
creating immediate potential injury to life, limb, or property or that tend to emit foul or offensive odors (Declaration, Article 10)

Late Payments of Annual due, 15 days after the due date 

 

(Declaration, Article 17 and Bylaws)

New Owner Registration - within 30 days of closing

Occupancy – leasing of unit or non-owner occupancy
without informing LHHA

Parking – violation of parking provisions of Declaration
(Article 9 )

Pets or Animals kept in violation of pet provisions of
Declaration (Article 11)

FINE/CORRECTIVE ACTION

up to $1,500

up to $1,500

Up to $1,000 and cleanup or/and removal costs

6% Annual Interest from due date and admin fee of $10 for each month or part thereof for first three months and
going for collection/other legal action like lien etc. thereafter.

$15 a day till registered

$500 per month or portion thereof that violation  occurs/continues

1st offense: warning letter to remedy in 3 days of notice
otherwise followed by Daily fine of $25 per day till Violation is cured.
2nd offence: $50 per day starting date of notice
3rd and subsequent Offences: Immediate towing, at vehicle owner’s expense

1st offense – warning letter
2nd offense: $25/day till cured.
3rd offense: $50/day till cured
4th and subsequent offenses: $100 /day till cured.

Signs – No Political sign in common Area signs generally prohibited except signs as approved by Board

General Violation of Declaration and Rules and Regulations Example: no working light in front yard

1st offense – warning letter
2nd offense: $25/day till cured.
3rd offense & subsequent: $50/day till cured.

1st offense: warning letter
2nd offense: $25
3rd and subsequent offenses: $50.00 each in certain cases $25/day till violation continue

NOTE: WHERE CIRCUMSTANCES WARRANT, THE ASSOCIATION MAY DEVIATE FROM THIS FINE SCHEDULE.

Download a PDF of Our Violation & Fine Policy

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