Article 12 Enforcement
Primary responsibility for enforcement of these Rules and Regulations shall rest with the Rules Committee and such other enforcement officers as a Board shall from time to time direct. 12.1 Rules Committee. The President shall, with the advice and consent of the Board, appoint a Rules Committee (the committee). At least one (1) member of the Committee shall be a director of the Association. 12.2 Complaints. Complaints of violations of these Rules and Regulations or the lot covenants by any Member may be filed with the Committee, the Board or Management Office. A. On information of a violation of these Rules and Regulations or the lot covenants, the Committee or other enforcement officer may issue and deliver to the Member responsible a citation on the form prescribed by the Board stating: the nature of the violation, the date and time at which the violation occurred or was observed; the date, time and place at which such Member may appear before the Committee for the hearing on said violation; and the scheduled fine, if any, established by these Rules and Regulations for said violation. If the Committee or other enforcement officer is unable to serve said Member personally, the citation shall be sent to said Member by first class mail to the address on record with the Association. The citation shall be considered to have been served on the third business day following said mailing to such member. B. In lieu of a citation as provided in this article, the Committee, or other enforcement officer, may issue written warning of and notice to correct or otherwise abate the violation, provided that no more than one (1) warning and notice may be issued for the same violation. If the said violation has not been corrected within twenty-one (21) days after the first warning, the Committee will issue a citation that will carry fines and/or penalties. The Rules and Regulations Committee, or other enforcement officer, shall include a copy of each such warning and notice in their next regular report to the Board. C. Any Member may initiate a complaint against another Member for violation of these Rules and Regulations by delivering written notice of such complaint bearing the signature of the complaining Member to the Committee. Within fourteen (14) days receipt of such complaint, the Rules and Regulations Committee, or other enforcement officer, shall investigate and verify or establish the violation to be valid based on the complaint before a warning or citation can be served upon the responsible Member in the manner described in Article 12.2A. 12.3 Hearings. Within thirty (30) days after delivery of a citation for violation as provided in Article 12.2A, the committee shall hold a hearing on such citation. A majority of the Committee shall constitute a quorum, and a simple majority of those present and voting shall suffice for all committee decisions. The Committee shall hear and consider such evidence as, in its discretion, it shall deem sufficient to determine whether a violation of these Rules and Regulations has occurred, and shall record minutes of each hearing. The hearing and its record shall be kept private and not open to the membership in general. A. Either the complaining Member or the Member complained against may request postponement for cause by notice in writing received by the Committee not later than five (5) days before the date scheduled for the hearing. The Committee may not grant more than one (1) such postponement, although the committee in its sole discretion may reschedule the hearing. If the respondent member does not appear for the scheduled hearing, the hearing shall proceed in his or her absence. In lieu of attendance at the hearing, the respondent member may submit in writing his version of the facts or reasons for the offending event(s) or other explanation in defense of the citation or mitigation of the potential sanction/penalty. B. Upon determining that a Member has violated the Association Rules and Regulations or the lot covenants, the Committee shall in its discretion: (1) issue a formal warning or admonition to the offending or responsible Member; or (2) impose such fines as the Rules and Regulation prescribe; or (3) order the offending or responsible Member to make restitution to the Association for all loss sustained as the result of such violation; or (4) recommend to the board such other disciplinary action as these Rules and Regulation authorize. 12.4 Appeals. The offending or responsible member shall have the right, within ten (10) days of receipt of notice of the decision of the Committee to appeal in writing to the board of directors for a review of the decision. At the appeal hearing, the board of directors shall limit its inquiry to a review of the regularity of the proceedings, whether they were conducted in good faith, and whether or not the accused or responsible member complained against was accorded a full fair hearing. In its sole discretion the board may, for good cause shown on appeal, modify the committee judgment or sanctions previously rendered. 12.5 Payment of fines. A. All fines and penalties levied in accordance with this article shall be payable to the association within: (1) twenty (20) days of service of citation if the accused or responsible member admits the violation and waives his right to hearing or (2) twenty (20) days after the hearing, unless the offending or responsible member appeals, or (3) twenty (20) days after final determination of appeal by the board. B. If any member shall fail to pay any fine or penalty assessed against the member or levied in accordance with these Rules and Regulations, the amount of such fines and penalties, together with interest thereon and collection fees, shall be assessed against the member�s property and e a lien thereon. Unpaid assessments and fines will be subject to collection action by the Association, including Court proceedings and reported to a credit reporting service and will render the member NOT IN GOOD STANDING.
