Notice of Action.
Notice shall be deemed to have been given when personally delivered to the address of record, or three (3) days following deposit in any U.S. Post Office as First Class or Certified Mail. Action must be documented.
Notice shall be deemed to have been given when personally delivered to the address of record, or three (3) days following deposit in any U.S. Post Office as First Class or Certified Mail. Action must be documented.
Appeal Process
An Owner against whom a complaint has been made may request a hearing before a fine is imposed.
The Board of Directors is the hearing body. The Manager presents details of the alleged violation.
Action of the Hearing Board
1. Explain the process to the parties.
2. Present evidence of the violation.
3. Allow the owner to present evidence.
4. Allow rebuttal to both parties.
5. Allow both parties a closing statement.
6. Close the record.
7. Deliberate.
8. Decide.
9. Communicate decision.
The decision is final.
The Board of Directors is the hearing body. The Manager presents details of the alleged violation.
Action of the Hearing Board
1. Explain the process to the parties.
2. Present evidence of the violation.
3. Allow the owner to present evidence.
4. Allow rebuttal to both parties.
5. Allow both parties a closing statement.
6. Close the record.
7. Deliberate.
8. Decide.
9. Communicate decision.
The decision is final.
Acting on a Complaint and Levying Fines
Rule infractions are noted by the Architectural Committee inspections or from members’ complaints. After verification a form letter is sent to the offender. See Actions Sections.
(The first action could be a phone call followed by the letter depending on the response.)
A written record of all proceedings must be kept in the Association’s business office.
The majority of problems should be resolved at this point if members have seen and read the published R. & R. document. Negotiation and compromise are most desirable to avoid having to go to 2nd action. Assistance may be given by the Board in cases of a disability, financial limitations or other extenuating circumstances.
If the situation is not resolved within the 1st action timeframe, 2nd action must be invoked. To this end a second letter is sent to inform the member that the fine schedule is now in effect
If the offender makes a written request for an appeal hearing it should occur within 7 days of the request at a time and place convenient to all parties. See Section on Appeal Process. Fines will not be levied between the request date and the Hearing date.
Further action is in accordance with the “Rules, Regulations and Penalties”
Any fines or costs incurred by the Association in resolving the infraction will be billed to the members dues account. They are subject to interest charges, collection actions, including liens and judgments to satisfy the debt. Foreclosure may be the ultimate option.
Justification for these and other approved Rules and Regulations is afforded through the Governing Documents of the Towne Point Owners Association copies of which may be obtained from the Business office in the Clubhouse.
(The first action could be a phone call followed by the letter depending on the response.)
A written record of all proceedings must be kept in the Association’s business office.
The majority of problems should be resolved at this point if members have seen and read the published R. & R. document. Negotiation and compromise are most desirable to avoid having to go to 2nd action. Assistance may be given by the Board in cases of a disability, financial limitations or other extenuating circumstances.
If the situation is not resolved within the 1st action timeframe, 2nd action must be invoked. To this end a second letter is sent to inform the member that the fine schedule is now in effect
If the offender makes a written request for an appeal hearing it should occur within 7 days of the request at a time and place convenient to all parties. See Section on Appeal Process. Fines will not be levied between the request date and the Hearing date.
Further action is in accordance with the “Rules, Regulations and Penalties”
Any fines or costs incurred by the Association in resolving the infraction will be billed to the members dues account. They are subject to interest charges, collection actions, including liens and judgments to satisfy the debt. Foreclosure may be the ultimate option.
Justification for these and other approved Rules and Regulations is afforded through the Governing Documents of the Towne Point Owners Association copies of which may be obtained from the Business office in the Clubhouse.
