Covenant Violations

NOTICE to all Homeowners! VIOLATIONS to the covenants of the Association MUST BE CORRECTED within 30 days of notice.

Our neighborhood is aged and requires upkeep and maintenance.

Your Board has just adapted a policy to manage and rectify covenant violations.

We will go through a few more growing pains as a community since we are ten years old and have begun showing our age but once homeowners realize the ease of caring for their largest investment when divided into smaller tasks we should see a higher rate of compliance and renewed enthusiasm which  will improve the salability, increase the marketability and raise the cash value of our investments.

Inspections are now conducted based on the maintenance checklist to ensure the neighborhood is maintained in accordance with our covenants. Effective October 5, 2005, Inspections will be conducted monthly by the management company. Violation notices will be sent by the Management Company after the inspection and will contain a detailed description of the violation and a suspense date to correct the violation.

Violations include: Dead or dying grass and shrubs, weeds, overgrown flower beds, mildew (on home, roof, driveway or soffits), vehicles blocking sidewalks, objects visible from street when not in use (toys, basketball hoops, plastic pools, tools), yard debris or trash bins visible on days not scheduled for collection, satellite dish visible from street, commercial vehicles parked in neighborhood, pet excretions, tree removal without permit or ARC approval, home or yard exterior changes without permit, etc. Infractions to the city codes including kids without bike helmets, speeding faster than 25 mph. rolling through stop signs, failure to give the right-of-way to pedestrians and parking on the wrong side of the street will be  enforced as judged by the LMPD .
RATE YOUR Compliance Download the new the violation checklist used by the management company and assess your compliance to our covenants. Please correct the violations before you are notified to do so by the Association.
NEW Violation Process - Effective October 5, 2005

Step 1. Identification, Action and Notification
- Management Company conducts routine inspections using violation checklist, no less than every 30 days.
- Management Company reports violations to Board of Directors (BOD) at monthly BOD meeting.
- Notification of violation and action required to correct violation is issued by Management Company to homeowner via mail.

-Homeowner complies with request  there is no further action

Step 2. Correction and Inspection
- Homeowner notifies Management Company that the violation has been corrected. Management Company conducts a personal inspection to verify violation has been corrected.
- If violation has been corrected based on the standards of the community covenants, a letter of acknowledgement and appreciation is issued on behalf of the Association, to the homeowner by the Management Company no later than 5 working days after the inspection or suspense date on the violation notification, whichever comes first.

Step 3. Failure to Correct the Violation
- Failure to correct the violation in the time period specified will result in BOD discussion and agreement on follow on action; fine or assessment. This discussion will be placed on the BOD agenda for the meeting following the expiration date of the violation suspense.
- A written notice will be issued to the homeowner emailed to all board members, and posted on the web site a minimum of 14 days prior to the BOD meeting at which violation fines and their nature will be considered.

Step 4. Violation Fine
- The BOD has the discretion to issue a fine to the homeowner, of $100 per day during the month not to exceed $1000 per violation. The fine may be levied on the basis of each day of a continuing violation, with a single notice and the opportunity for a hearing. A fine shall not exceed $1,000 in the aggregate. The violation fine shall not be transferable into a lien against a parcel and will result in legal proceedings to achieve a judgment for payment or sale to a credit collection agency.
- A fine or suspension may not be imposed without notice of at least 14 days to the person properly identified to receive the fines and an opportunity for a hearing before a committee of at least three members appointed by the BOD who are not officers, directors, or related to the BOD shall be provided. If the arbitration committee does not approve the proposed fine or suspension, it may not be imposed at that time.
Violation Fine Notification
- The homeowner is notified by the Management Company, via certified mail, regarding the impending fine or assessment 14 days prior to the fine being issued.
Violation Fine Balance Due
- Violation fines and the balance due to the Association will be posted publicly on the Association web site and available at the request of any homeowner. Information posted will include: Current account and periodic statement of the account for each member, designating the name and current address of each member obligated to pay assessments, the due date, violation description and amount of each assessment or other charge against the member, the date and amount of each payment on the account and the balance due.
Balance Due Statements
- A current account statement for the balance due to the Association for assessments or fines other than annual dues will be issued monthly to the homeowner, via mail by the Management Company.

STEP 5: 75 Days after the Original Notification, Association Contracts Work, Bills Homeowner
- If the violation is not corrected within 75 days from the date of the original violation notification, the Management Company will notify the homeowner that within 14 days, the Association will issue a contract for the work required to correct the violation, commence and complete the required maintenance and bill the homeowner for all costs incurred.
- The Association will not relieve the assessments incurred due to fines related to the violation. Failure to pay the Association “costs incurred” to correct the violation will result in a lien placed against the parcel in the amount due the Association.
- Balance Due Statements of the total fines or assessment and charges for reimbursement of costs incurred by the Association to correct the violation will be issued to the homeowner monthly by the Management Company.
- Until Balance Due is paid in full, violation fines and the balance due to the Association will be posted publicly on the Association web site and available at the request of any homeowner.