Enforcement Actions

Notice and Hearing

At the time a violation is reported, action may be taken as set forth below.

Violation Notice

The General Manager will verify the accuracy of the complaint. If deemed valid, the General Manager may but is not obliged to provide a written notice to the violating Homeowner ("Violation Notice"). The Violation Notice will contain a description of the violation, provided the required corrective action and a timeframe in which the corrective action must be taken. The Violation Notice will also include instructions regarding responses to the violation notice. If an allegation concerns a Lessee, the Violation Notice will be addressed to the applicable Homeowner and a copy will be sent to the Lessee. Unless otherwise determined by the Board, all further communications and/or correspondence concerning corrective actions, hearings, applicable charges or fines will be addressed to the applicable Homeowner only. However, the Association shall have the right, but not obliged, to deal directly with a Lessee and may send communications to both a Homeowner and Lessee as it deems appropriate. It is the Homeowner's responsibility to ensure that its Lessees comply with any corrective actions required by the Association. The Association may, but is not obliged to, send a notice requesting corrective action before proceeding with notice of hearing.

Notice of Hearing

If the violation continues or is repeated after the first notice, a second written notice will be sent, requesting the Homeowner appear before the Board ("Notice of Hearing"). The Notice of Hearing will be delivered to the applicable Homeowner no less than fifteen (15) days prior to the date of the hearing and for suspension of privileges. The notice will include the date, time and location of the hearing and the nature of the alleged violation. A Homeowner will be provided an opportunity to address the Association at the hearing. For any allegation of a continuing violation against a Lessee, the applicable Homeowner must appear on behalf of its Lessee. The accused Lessee may attend the hearing; however, such Lessee may not speak or address the Association unless the Association asks the Lessee to answer specific questions.

Hearing

At the hearing, the Association will allow the Homeowner to present evidence and testimony as is reasonable under the circumstances. The Association may ask questions of any person present at the hearing providing evidence.

After the hearing, the Association will deliberate and vote in executive session. The Homeowner will be notified in writing of the Association's decision within fifteen (15) business days of the hearing.

If the Association concludes that the alleged violation occurred, the Association may impose monetary fines, temporarily suspend voting privileges or take any other disciplinary action permitted under the Association Governing Documents.

Legal Counsel

If deemed necessary, the Association may also concurrently refer the matter to the Association's legal counsel for further action. If a lawsuit is filed to correct a violation, the Homeowner may be liable for the Association's legal costs and fees.

Reimbursement Charge

The Association may, after Notice and Hearing as described above, impose an assessment to reimburse the Association for costs of repairing damage to the Association Property maintained by the Association or to reimburse the Association for costs incurred in bringing the Homeowner's Unit into compliance with the Governing Documents, including, without limitation, legal fees.

Suspension of Member Privileges

The Association may suspend a Homeowner’s voting rights or rights to use the Common Area recreational facilities and amenities following Notice and Hearing.

Internal Dispute Resolution

If the violation continues, the Association may invite the Homeowner to participate in internal dispute resolution pursuant to California Civil Code Section 5900.810.

Alternative Dispute Resolution

If the violation continues, the Association may request that a dispute be resolved through alternative dispute resolution procedures pursuant to Civil Code Section 5925.510. Any costs incurred for the mediator or arbitrator are to be split among the parties unless otherwise determined by the mediator or arbitrator.

Legal Action

The Association may proceed with legal action to compel compliance with the Governing Documents. The prevailing party of any dispute is entitled to recovery of its attorneys' fees and costs.

Right of Entry

Notwithstanding the foregoing, the Association or its authorized representative may undertake any appropriate corrective or legal action without providing a Notice and Hearing under circumstances that such entry is permissible when necessary due to an emergency.