Series 3000 – Community Relations

Policy 3020
Adoption: August 20, 2012

VIOLATIONS and COMPLAINTS

Any Owner who violates a rule or regulation approved by the Association’s Board of Directors or violates any provision of the Declaration of Covenants, Conditions & Restrictions or Association Bylaws or Rules regulating the use and occupation of the common area shall be assessed by the Association’s Board of Directors or designees.

Each violation may also be assessed a special Assessment by the Association’s Board of Directors in an amount equal to any cost incurred by the Association to correct or remedy any such violation.

Such Assessment shall constitute a lien upon the violator’s and may be enforced as any other unpaid Assessment is enforced under the Declaration of Covenants.

This regulation shall be in addition to and not exclusive of any remedies that are afforded the association (and its individual members) at law or by the Governing Documents of Pleasant View Homeowners Association

A. NOTIFICATION:

1. (a) A suspected rules violation, nuisance complaint, or safety issue may be identified by a Board member, an appropriate committee, or may be brought to the Board’s attention by any member of the Association.

(b) All alleged complaints must be submitted to the Board in writing.

2. Upon receipt of a written complaint, the Board, an appropriate committee, or Board designee will examine the condition and will make an initial determination of whether a violation exists.

3. (a) If it is determined a violation does exist, property owner will be issued a Warning Notice requesting corrective action. Written notice will be sent to their last known address. Written notification to the property owner will be sent Registered Mail and electronic mail (if available).

(b) If the property is a rental unit the renter will also receive a copy of the notification. Written notification to the property owner will be sent First Class Mail.

(c) Notification will state the rule which has been violated, a description of the violation, and the date by which the violation must be corrected to avoid penalty.

(d) A time limit of ten (10) calendar days from the date of the postmark of the notification shall be set for compliance or correction of the violation.

(e) If a violation exists after ten (10) calendar days, property owner will be issued a Notice of Violation. Such notice shall be subject to A3 (b) (c) and (d) stated above. Written notification to the property owner will be sent by Registered Mail.

(f) Notice of Violation will also inform the property owner of the right to request a hearing.

B. HOMEOWNER’S RIGHT TO HEARING:

1. (a) A request for a hearing must be submitted within ten (10) days of the Postmark of notification of violation or the right to a hearing will be waived and a assessment will be automatically levied.

(b) A request for a hearing must be directed to the President of Pleasant View Homeowners’ Association, or designee, whose name, address, phone number and e-mail address shall be listed on the Notice of Violation.

(c) Purpose of the hearing is to provide the property owner the opportunity to establish why the rule has not been violated or why the rule or procedure does not apply.

(d) After hearing the property owner’s position, the Board, or a committee appointed by the Board, shall make a determination whether the Bylaws or Declaration of Covenants, Conditions & Restrictions (CCR) have been violated. The Board, or a committee appointed by the Board, shall either render its decision at the conclusion of the hearing or will take the matter under advisement and render a decision within five (5) days.

(e) No hearing will be held on a repeat or continued violation of the same rule or for the same or substantially the same conduct by the same party.

2. (a) A decision by the Board, or a committee appointed by the Board, shall be presented to the property owner in writing at their last known address by Registered Mail and electronic mail (if available).

(b) If, after the hearing, it is determined no violation exists, no further action on the part of the homeowner will be required.

(c) If, after the hearing, it is determined a rules violation exists, the property owner will have ten (10) calendar days from the date of postmark to correct the problem. After the ten (10) day period, the appropriate committee or Board member shall inspect the property to insure satisfactory compliance.

(d) If a assessment is to be imposed, the amount of the assessment will be included in the Board’s written decision and will be sent to the property owner in writing to their last known address by Registered Mail and electronic mail (if available).

C. PENALTIES:

1. (a) If a violation still exists after the initial ten day period set forth in the Notice of Violation, and if the property owner has not requested a hearing, the following penalties will be automatically assessed on day eleven.

(b) Additional assessments will be assessed each week the homeowner is in violation. Said assessment will accumulate on a weekly (seven calendar days) basis until the violation is corrected. Assessments will be immediately due and payable.

2. (a) If a violation still exists after the ten (10) day period following a hearing determination, the following penalties will be automatically assessed on day eleven.

(b) Additional assessments will be levied each week the homeowner is in violation. Said assessment will accumulate on a weekly (seven calendar days) basis until the violation is corrected. Assessments will be immediately due and payable.

D. ASSESSMENTS

Landscape & Maintenance: $25.00 per week until corrected
Quite Enjoyment (Nuisance): $25.00 per week until corrected
Maintenance of Animals: $25.00 per week until corrected
Parking Violation: $40.00 per week until corrected
Architectural Violation: $100 per week until corrected
Front and Rear Yard Installation Violation: $100 per week until corrected
ACC Application Violation: $100 per week until corrected

(An Architectural Control Committee Application must be submitted and approved before any architectural improvements can be made. If the application is not submitted and approved prior to commencement of the work, assessments can be imposed from the day work began, after the appropriate notice and hearing,)

ASSESSMENTS and LEGAL ISSUES:

1. Assessments are in addition to any legal fees or other expenses which may be incurred by the Association in seeking compliance with violations or for replacement or repair of common areas or facilities damaged by the property owner.

2. Should an assessment be levied, the amount will be invoiced and sent to the property owner at their last known address, and will be immediately due and payable.

3. Unpaid assessments shall be subject to collections as assessments in accordance with the resolutions adopted by the Board of Directors, applicable state law, the Declaration of Covenants, Conditions & Restrictions, and the Bylaws.

4. Failure to pay assessments within sixty (60) days may result in a lien placed against the property. If a lien is filed, the homeowner will be required to pay the delinquent assessment and accrued interest plus $50 to cover the cost of filing fees and administrative expenses.

Policy 3060
Adoption: Jul 16, 2012

USE OF HOA FACILITIES – Group Use

A resident wishing to invite a group of non-residents to use Pleasant View HOA common park areas must be current with their homeowner dues, and discuss their plans with the Treasurer and/or President two (2) weeks prior to the party or group use.

In the event of a conflict, priority will be given to:
Pleasant View Homeowners in good standing
HOA or Community Betterment Groups (Scouts/PTA)
Community and/or Nonprofit Groups

Authorization for use of HOA facilities shall not be considered as endorsement of or approval of the activity group or organization nor for the purposes it represents.

These guidelines must be adhered to:

1. Groups of 10 or more non-residents (children and adults), or any group of 20 or more, are considered to be a party and subject to this policy.

2. Groups or parties are not to exceed 25 non-residents, (children and adults).

3. A refundable deposit of $200.00 also to be given to the Treasurer to cover potential damage or non-cleanup.

4. A Release – Covenant Not to Sue – and/or Indemnity must be signed (To be developed).

5. This policy does not allow for use of common areas for sports practice.

6. A park resident must sponsor, be responsible for and supervise the group while they are in the park. The sponsoring Pleasant View HOA resident is responsible for insuring all non-residents are aware of and adhere to the general park rules.

7. At least one adult resident (18 years or older), must be present at all times during the activity in the park. Children’s or teenagers’ parties must have adequate adult (18 years or older) supervision, (i.e. several adults may be required if children are spread out over the park). At least one adult per 10 children is recommended.

8. Music and noise should not be offensive to other residents. Parties must disband by 10:00 p.m.

9. Groups/individuals must follow all applicable state and federal laws during the use of the park and its facilities, and individuals are required to indemnify the Pleasant View HOA for any adverse consequences during their use of the facilities.

10. Inflatable Play Structures/Slides/Bounce Houses, (IPS), placed on Pleasant View HOA property:

a. Require proof of insurance: An insurance certificate, providing proof of at least $1 million dollars of liability/special event insurance, must be obtained and provided to Pleasant View HOA’s Treasurer seven days prior to erecting the structure. The insurance certificate is to name Pleasant View HOA as an additional insured party with waiver subrogation. An IPS may not be placed on Pleasant View HOA property without the insurance. Failure to provide the insurance certificate will result in the member’s deposit being forfeited, and the Board suspending the member’s right to hold parties in the park.
b. An adult should be monitoring the structure at all times.
c. If an IPS is to be erected on Pleasant View HOA property, Pleasant View HOA’s Group Use/Party Policy must be signed and adhered to regardless of the number of participants.
d. If a Pleasant View HOA member places the IPS on their own personal property there is no need to provide the insurance certificate to Pleasant View HOA.

11. Failure to comply with these guidelines could result in fines, loss of deposit and/or loss of park privileges for the resident.

ASSESSMENT:
Clean-up: $50 per hour, per person.
Repairs: Actual damages plus 20% punitive damages.

12. In consideration of other Pleasant View HOA residents who may wish to use the park:
a. A resident may reserve the park a maximum of two times during a calendar year.
b. The park cannot be reserved on holidays such as: Easter, Christmas, New Years, Labor Day, Memorial Day, 4th of July, or Thanksgiving Day.
c. Only one party / group per day may be scheduled to use the park.
d. Use of the park must not be scheduled for more than 4 hours in length.
e. The park cannot be closed for private parties. The park and its facilities must still be available for use by Pleasant View HOA residents even when groups/parties are using the park.

______________________ ______________________
Pleasant View HOA Resident Date signed

______________________ ______________________
Date using Park PV HOA President or Treasurer approved