1999-09 Appeals and Due Process

Eagles Bluff Village 14 Homeowner’s Association
Resolution #1999-09 Appeals and Due Process for Nuisances and
Non-Compliance of CC&R’s

The Board of Directors of the Eagles Bluff Village 14 Homeowners Association (Association”) hereby approves of the following contract:

WHEREAS, the Subject Properties in the Association are under jurisdiction of the Declaration of Covenants, Conditions, and Restrictions (CC&R’s) for the Association;  and

WHEREAS, Covenants, Conditions and Restrictions (CC&R’s) of the Eagles Bluff Village 14 Homeowners Association, recorded at Docket 9607 at Page 2275, gives the Board of Directors the power to promulgate rules and polices for the operation of the Association; and


WHEREAS, the Board of Directors wishes to provide the homeowners with an appeal process; and

NOW THEREFORE, BE IT RESOLVED the following steps:

  1. Property owner and tenant (if applicable) are notified in writing regarding the specific problem(s) to be corrected; with 30 days to make the correction.
  2. Property owner can make an appeal in writing to the Board for a 15‑day extension. This appeal must include specific reasons for being unable to immediately comply and a timeline for progress toward full compliance.
  3. Property owner can make a presentation in person in front of the Board at a regular meeting (assuming it is within the 30 days to comply) to discuss the problem and appeal for reconsideration or extension.
  4. If at the end of the notice period, the necessary corrections have not been made, the issue will be turned over to the Association’s attorney to serve notice of fine. The fine levied shall be $10.00 per day per issue upon the property owner until the issue is in compliance.
  5. The property owner shall be billed monthly regarding fines due. If the fine is not paid within thirty days, the fine will increase to $25.00 per day until the 45th day at which time the matter will be referred to the attorney. In accordance with the governing documents, attorney’s fees, lien fees and associated costs will be the responsibility of the homeowner.
  6. The money collected will become part of the general fund of the Association.

Confirmed this 20th day of September, 1999 at a meeting of the Board of Directors.