Eagles Bluff – Canada Hills Village 14 Homeowners’ Association
Resolution #2003-02 Common Area A Regulations and Policies

WHEREAS, the Subject Properties in the Eagles Bluff – Canada Hills Village 14 Homeowners Association are under jurisdiction of the Declaration of Covenants, Conditions, Restrictions (CC&Rs) for the Association; and

WHEREAS, Covenants, Conditions and Restrictions (CC&Rs) of the Eagles Bluff – Canada Hills Village 14 Homeowners Association, recorded at Docket 9607 at Page 2275, states that the Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Common Areas and facilities; and

WHEREAS, the Board of Directors desires to adopt a policy as it applies to unapproved alterations or damage to the Common Area A, otherwise known as the private streets Desert Flower Drive, Sandpoint Drive, Sand Pebble Drive and adjoining curbs, storm drains, fire hydrants and road signs; and

WHEREAS, the Board of Directors has followed its own standards and procedures, which are both fair and reasonable; and

WHEREAS, the Board of Directors rendered this decision in good faith, and in a manner which is neither discriminatory nor capricious.

THIS RESOLUTION pertains to the clarification of Article V Ownership Use and Management of Common Area, of the Covenants, Conditions and Restrictions (CC&Rs) and the adoption of the Common Area A proper use policy for the Association.

THEREBY, GOOD CAUSE EXISTING, IT IS HEREBY RESOLVED:

An Owner of the Lot, his or her family or licensee, tenant or lessee or invitee or agent acting for the Owner of the Lot, proceeding with modifications or additions to property or engages in any activity or process which results in the damage or disfigurement of the Common Area A, shall be subject to the cost of repair, imposition of a fine and other sanctions against the Owner of the Lot.  

1.      The Common Area A, shall consist of the private streets Desert Flower Drive, Sandpoint Drive, Sand Pebble Drive, its roadbeds, adjoining curbs, storm drains, fire hydrants and road signs.

2.      Damage or disfigurement shall consist of, but is not limited, to the following items:

2.1.      Road Surface Cutting any process or activity that penetrates the asphalt surface to the underlying roadbed. The fine shall be based on the year 2014 estimated cost of resurfacing the Common Area A roads, times the number of lots affected plus one, divided by the total number of lots in the community (64 lots).  At the published date of this resolution, the minimum fine shall be ((1Lot+1)/64 x $41,722)=  $1,300.00 per occurrence.

2.2.      Road Surface Scarring any process or activity that removes, dents or disfigures the asphalt surface that cannot be masked with a slurry seal coating. The fine shall be based on the year year 2014 estimated cost of resurfacing the Common Area A roads, times the number of lots affected plus one, divided by the total number of lots in the community (64 lots).  At the published date of this resolution, the minimum fine shall be ((1Lot+1)/64 x $41,722)=  $1,300.00 per occurrence.

2.3.      Road Coating Removal or Discoloration any process or activity that removes or discolors the black slurry coating applied to the asphalt surface.  The fine shall be based on the estimated cost of resealing the Common Area A roads, times the number of lots affected plus one, divided by 64 lots.  At the published date of this resolution, the minimum fine shall be ((1Lot+1)/64 x $3,638)= $100.00 per occurrence.

2.4.      Roadbed Alteration any process or activity that modifies or damages the structural material supporting the asphalt surface or curbs. The fine is two times the Road Surface Cutting or Scarring fine since the asphalt surface must be repaired after the roadbed. At the published date of this resolution, the minimum fine shall be 2 x ((1Lot+1)/64 x $41,722)= $2,600.00 per occurrence.

2.5.      Curbs any process or activity that modifies, disfigures or damages the concrete curbs within the community.  Minimum Fine: $100.00 per occurrence.

2.6.      Storm Drains any process or activity that obstructs, modifies or damages the storm water drainage system. Minimum Fine: $100.00 per occurrence.

2.7.      Fire Hydrants any process or activity that obstructs modifies or damages the fire hydrant systems within the community.  Minimum Fine: $100.00 per occurrence.

2.8.      Road Signs any process or activity that modifies, disfigures or damages the road signs within the community.  Minimum Fine: $50.00 per sign.

2.9.      Damage to Common Area A prior to the published date of this resolution not already addressed in the Declaration of Covenants, Conditions, Restrictions (CC&Rs) for the Association, Resolutions, or that which is restricted by local, state or federal regulations, shall be exempted from these regulations.

3.     Violations

3.1.      A violation is deemed as any act that violates the policies or regulations set forth in this resolution.  Alleged violations committed by the Owner of the Lot, his or hers family or licensee, tenant or lessee or invitee or agent, will be the sole responsibility of the Owner of the Lot to correct.

3.2.      Occurrence.  Unless otherwise stated, an occurrence shall be defined an act that violates the policies or regulations set forth in this resolution.

3.3.      Demand Notice of Violation.  Written Notice of Violation together with a request to cease and desist from the alleged violation shall be served upon the Owner of the Lot, via First-class mail, and shall specify: (a) the alleged violation; (b) the action required to abate the violation within five (5) days of the date of the Notice; and (c) a statement that any subsequent violation of the same rule or regulation of this resolution may result in the imposition of sanctions after notice and hearing.  In the event the Owner pf the Lot is leasing his/her unit, the Association may provide a copy of the Notice of Violation to the Owners tenant.

3.4.      Continuing Violations.  Each day a violation continues after notice to cease and desist has been given by the Board to the Owner of the Lot constitutes a violation and shall be subject to a fine.

3.5.      Notice of a Hearing.  Within fifteen (15) days from the date of the Notice of Violation, if the violation continues past the period allowed in the Notice to abate the violation, or if the same rule or regulation set forth in this resolution is subsequently violated, the Board shall serve the Owner of the Lot, via Registered Mail, Return Receipt, with written Notice of a Hearing to be held by the Board in executive session.  The notice shall contain: (a) the nature of the alleged violation; (b) the time and place of the hearing, which shall not be less than ten (10) days from the date of the notice; (c) an invitation to attend the hearing and produce any statement, evidence, and witnesses on his or her behalf; and (d) the proposed sanctioned to be imposed, which includes the imposition of a fine, payment of attorney fees incurred by the Association, in the event that the Association involves legal counsel in the matter; and other costs that may relate to the violation and/or the hearing.

4.     Appeal Process

4.1.      A hearing shall be held in executive session pursuant to the Notice of Hearing and the Owner of the Lot shall be afforded a reasonable opportunity to be heard. Prior to any sanction becoming effective, the Board shall submit proof of the notice and the invitation to be heard which shall be attached to the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered into the minutes by the officer or director who delivered such notice.  The notice requirement is satisfied if the Owner of the Lot appears at the meeting.  The minutes of the meeting shall contain a written statement of the results of the hearing and the sanctions if any, imposed. 

4.2.      Rulings of the Board of Directors of Eagles Bluff Canada Hills Village 14, may not be appealed to the Canada Hills Community Association.  The ruling of the Board will be final.
5.     Sanctions.

5.1.      The imposition of the fine and any other sanctions.  At the conclusion of the hearing, the Owner of the Lot shall be excused from the hearing and the Board of Directors shall determine the amount of the fine to be imposed, if any, based on the seriousness of the violation, whether this is a first violation or a continuing violation, whether the type of offense poses a danger to any person or property, and whether the Owner of the Lot agrees to abate the violation within the time specified by the Board of Directors.  After the amount of the fine is determined, the Board shall send a notice to the Owner of the Lot, via Registered Mail, Return Receipt, of the amount of the fine, and any other sanctions imposed by the Board of Directors and the due date of the fine.  The Board has the power to impose a fine for each occurrence of the violation and to accelerate the fine based on the length of time the violation continues.  The Board also may determine that a fine will be imposed for any subsequent violations of the same policy or regulations of this resolution.  As an additional penalty imposed upon the Owner of the Lot, the Board may require that the Owner of the Lot reimburse the Association for any attorney fees incurred by the Association or other costs, which relate to the violation and/or the hearing. 

5.2.      The imposition of the cost of repair.  In addition to any sanctions imposed, the Owner of the Lot, shall be responsible for the cost of repairing any damage caused to the Common Area A.  This cost can include but is not limited to materials, labor and financing cost.  Payment is due within ten (10) days after the completion of the work.

5.3.      Payment of the Fine and/or Penalties.  The Board shall advise the Owner of the Lot, that any fine which is not paid within thirty (30) days of its due date is delinquent and is subject to a late payment penalty of 10% of the amount due or $15.00, whichever is greater.

5.4.      Collection of any repair costs, fines, penalties and interest may be enforced against the Owner if the Lot, in the same manner as the collection of delinquent assessments. 

5.5.      Damage to the Common Area A prior to the published date of this resolution shall be exempted from the cost of repair or a fine.

The Board of Directors realizes that circumstances may arise when strict adherence to these regulations may be difficult.  However, similar regulations are common in communities such as Eagles Bluff.  Such regulations serve to protect the value of the common property, improve the esthetic appearance and property value of residences in such communities.

Effective Date.  The effective date of this resolution is September 1, 2003. 

Confirmed this 28th day of  August, 2003 at a meeting of the Board of Directors.