.png)
Judicial Policy
WHEREAS, the Board of Directors of the Heritage Village Master Community Association, Inc. is empowered to govern the affairs of the Homeowners Association pursuant to Article III, Section 6: Master Association Rules, Enforcement of the Bylaws of the Heritage Village Master Community Association.
WHEREAS, there is a need to adopt specific guidelines on how to enforce the provisions of our governing documents.
WHEREAS, it is the intent that this resolution shall be applicable to all Owners, tenants, guests, invitees or any others who violate any of the provisions of the Association’s CC&R’s, Articles of Incorporation, By-laws or Rules and Regulations. This resolution shall remain in effect until otherwise rescinded, modified, or amended by a majority of the Board of Directors.
NOW, THEREFORE, BE IT RESOLVED THAT the following judicial procedure and judicial letter are hereby adopted by the Board of Directors:
1. Receipt of Complaint. Upon receipt of a complaint by the Manager or a Board member:a. The manager shall be informed of the complaint, if initially received by a Board member, and log the date that the complaint was received, the name and phone number of the person making the complaint, and the details of the complaint.b. All of the members of the Board of Directors shall be informed of the complaint by the Manager providing a copy of the log of the complaint to each member.c. All documentation regarding the violation shall be held in confidence by the Board of Directors and Manager.d. The Board of Directors may act as the Judiciary Committee.e. The Board shall endeavor (within 10 days from the date of the complaint) to conduct an investigation of the complaint to determine whether:(1) There has been, or is, a violation of the CC&Rs, Bylaws or Rules and Regulations (“R&Rs”).(2) If there has not been a violation of the CC&Rs, Bylaws or R&Rs (“governing documents”), the Board shall then refer the matter to the appropriate governmental agency or authority (e.g., police department, fire department, utility company) or decide to do nothing, if the Board decides that to be in the best interest of the Association. In this case, the Board shall then inform the Owner filing the complaint that the Board lacks the authority to appropriately handle the complaint and that the matter has been referred to the appropriate agency or authority. The name, telephone number and contact person of the agency or authority shall be provided to the Owner.(3) In the event of a violation of any one or more of the governing documents, the Board shall identify the Owner(s) who are responsible for the violation and the specific provisions of the governing documents that have been violated.(4) The Board shall then determine what the appropriate fine or penalty is for such violation ( in accordance with the Association’s fine policy) and the corrective action that is necessary to bring the offending Owner into compliance with the governing documents.(5) The Board shall then send a letter to the Owner filing the complaint that the Board is appropriately handling the complaint through its Judiciary Procedures. The letter shall also thank the Owner for bringing the complaint to the Board’s attention. The letter should not specify details about the nature of the subject violation, nor should a copy of the letter sent to the Owner responsible for the violation be enclosed.
2. Notice of Violation. If, after conducting an investigation pursuant to Paragraph 1(c) above, sufficient evidence exists to indicate that an Owner has violated, or is in violation, of one or more of the governing documents, the Manger shall send a letter to the alleged, offending Owner. That letter shall include, at the minimum the following:a. the act constituting the violation of the governing documents;b. the provision(s) in the CC&Rs, Bylaws and/or R&Rs that has/have been, or is/are being violated;c. a demand to comply with the governing documents immediately;d. the fine or penalty that is to be imposed for violating the particular provision(s) of the governing documents pursuant to the Association’s fine schedule or other policy;e. a statement as to the rate at which the fine will accrue (e.g., daily until violation ceases) or the length of the imposition of the penalty (e.g., suspension of right to use recreational facilities for 30 days);f. the date when the fine will be assessed to the Owner or the date when the penalty will become effective (See Paragraph 3, below), whichever is applicable;g. the date of the hearing at which the Owner may dispute the imposition of the fine or penalty;h. a statement that the Owner must request the hearing, in writing, within 7 calendar days from the date of the letter, and advise of the Owner’s intent to attend said hearing; otherwise, the hearing will be canceled by the Board, and the fine or penalty will become effective on the date specified in “(f),” above. There should also be a statement indicating that if a hearing is requested, the hearing will be held in executive session, unless requested by the Owner to be in open session. There should also be a statement indicating that the Owner may submit a list of witnesses it would like to be heard at the hearing. Total number of witnesses heard at the hearing will be at the discretion of the Board.i. the letter should enclose a copy of this Judiciary Procedure.j. the letter should be mailed by certified, return receipt requested, first class U.S. Mail, to the address of the Owner on the Association’s membership records.
JUDICIARY PROCEDURE
NOTE: If the nature of the violation requires the Board to take immediate action to correct the violation, so as to prevent injury to person or property, the Board shall act accordingly and then prepare and deliver the above letter to the offending Owner.
3. Scheduling Hearing/Effective Date of Fine or Penalty. The letter described in Paragraph “2”, above, must be received by the offending Owner at least 30 days prior to the date of the hearing. Any fine or penalty levied against an Owner cannot become effective or be imposed until at least 7 days after the scheduled date of the hearing.
4. Hearing. The hearing shall be held before the Board in executive session, unless requested to be in open session by the Owner before or at the hearing. The following shall be sufficiently noted in the minutes of the hearing:a. The date of the letter, notifying the Owner of the alleged violation of the governing documents, with a copy of the letter and the return receipt postcard attached;b. The decision made by the Board at such hearing, including findings made in arriving at the decision;c. The fine or penalty, if any, imposed against the Owner.
The Board shall not render a decision at the hearing, but shall take the matter under consideration. The Board members should confer and make written findings/conclusions regarding the fine or penalty, if any, to be imposed against the offending Owner.
The Board shall notify the Owner, in writing, of its decision with seven (7) days after the date of the hearing. If a fine is imposed against the Owner, the Board shall inform the Owner of the amount of the fine. If the penalty includes a suspension of recreational privileges, the notice must specify the dates on which the suspension shall commence and expire and include a statement that such suspension applies to the Owner’s family members, guests and tenants, if any. The Board should also advise the Owner that the suspension of the Owner’s recreational privileges will be terminated upon correction of the violation.
If the violation is corrected prior to the hearing, the Board may drop the fine for a first violation. In the case of a repeat violation, the Owner may be fined in accordance with judicial procedure 2(e) Notice of Violation above.