Eagles Bluff – Canada Hills 14 Homeowners Association
Resolution #2003-03 Resolution of the Board of Directors Regarding
The Imposition of Fines
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 the imposition of fines; 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 adoption of a fine policy for the Association, when a fine policy for a specific Article, Section or Resolution to the Covenants, Conditions and Restrictions (CC&Rs), has not been specified.
THEREBY, GOOD CAUSE EXISTING, IT IS HEREBY RESOLVED:
Pursuant to A.R.S. §33-1803 which provides that the Association, after notice to the Owner of the Lot, and an opportunity for a hearing, is entitled to impose fines for violations of the Covenants, Conditions and Restrictions (CC&Rs) and any rules, regulations or policies adopted by the Board. The procedure for imposing fines for such violations is set forth below:
- Demand Notice of Violation. (Attachment A) 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 of the Lot is leasing his/her unit, the Association may provide a copy of the Notice of Violation to the Owners tenant.
- 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.
- Notice of a Hearing. (Attachment A) 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.
- Hearing. The 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.
- 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.
- Imposition of a 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 (Attachment B), 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.
- 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.
- Collection. Collection of any repair costs, fines, penalties and interest may be enforced against the Owner of the Lot, in the same manner as the collection of delinquent assessments.
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.