HEATHERWILDE FINE PROCEDURES

 The Board of Directors of the Estates of Heatherwilde Homeowners Association, Inc., has the authority to establish rules and regulations in connection with use, occupancy, and maintenance of properties within Heatherwilde Sections 1 and 3, and to impose fines or otherwise enforce the provisions of these Declarations. The Board has adopted the following procedures for imposition of fines as one means of securing compliance with Heatherwilde's governing documents. 

1.      The Board may assess a fine against an owner for each violation of the Declaration by an owner or the owner's family, guests, tenants, or agents. Before the Board may levy a fine, it shall give to the owner written notice  by certified mail that: 

(a)    describes the violation and states the amount of the proposed fine;

(b)    states that not later than the 30th day after the day the owner receives the notice, the owner may request a hearing before the Board to contest the fine; and

(c)    allows the owner a reasonable time, by a specified date, to correct the violation and avoid the fine unless paragraph 2 below applies. 

Prior to sending the above notice, the Board shall send two warning letters (the advisory letters), no less than 10 days apart, advising of the violation and describing the requested corrective action. The Board may waive sending one or both of the advisory letters for good cause, including the delivery of an advisory letter concerning a similar violation within the preceding 12 months.

2.      The owner will not be given an opportunity to correct the violation and avoid the fine if the owner was given notice and a reasonable opportunity to correct a similar violation within the preceding 6 months. 

3.      In order to be effective, an owner's request for hearing under paragraph lb above must be in writing, directed to the property manager, and received by the manager by the 35th day after the date the owner received the notice of violation. 

4.      If an owner requests a hearing before the Board, the matter shall be scheduled for the next regular Board meeting. If the owner is unable to attend that Board meeting, the matter shall be scheduled for the following Board meeting. If an owner fails to attend two such meetings, the owner will not be entitled to any further hearings, unless this provision is specifically waived by the Board. 

5.      Unless otherwise authorized by the Board, the fine schedule shall be as follows: 

(a)    For the first violation: $25.

(b)    For a second violation of the same provision/rule within 12 months of the first violation: $50.

(c)    All subsequent violations of the same rule within 12 months of the last preceding violation shall incur a fine of $100.

(d)    If a violation is of an ongoing nature (e.g. construction of improvements not authorized by the Architectural Control Committee), the Board may impose a fine that accrues daily for each day of the violation; the daily fine shall not exceed $200 per day. 

6.      The Board may enforce/collect fines through a lawsuit or any other applicable legal procedure. 

7.      A certified mail letter that is returned to the Association due to the owner’s failure or refusal to claim the letter shall be deemed received by the owner on the 10^th day after the postmark of the letter.