The Meadows at Perry Hall Farms HOA Fine Schedule and Enforcement Policy

Below is the Enforcement Policy and Fine Schedule for the Meadows at Perry Hall Farms community.  The primary objective for the Board of Directors Rules Enforcement Policy is rule compliance. 

This list of violations is not intended to be all inclusive or comprehensive.  All other violations not listed or specified below will result in reasonable fines up to $100.00 per week.
 

SCHEDULE OF FINES

The Board shall assess monetary fines each week, where applicable, according to the following schedule:

* An Exterior Alteration Application must be submitted and approved before any landscape or architectural improvements/ modifications can be made.  If the application is not submitted and approved prior to commencement of the work, fines can be imposed from the day work began, following notice to the Homeowner.

 

NOTICES/ PROCEDURE

The Board of Directors, at its discretion while taking into account the circumstances of each violation, shall attempt to obtain compliance with the rules and requirements of the Association informally through one or more written requests.  If the Board is unable to informally resolve the matter within thirty (30) days of the initial request, or if the circumstances warrant sooner, the Board shall send a formal written notice detailing the violation, the assessment of applicable fines, and procedures for payment. 

The Board may impose a continuing monetary penalty, assessed on a weekly basis, without additional notice, until the infraction or violation has been remedied.  For each week that the HOA levies a fine against the homeowner, written notice of the violation, the current fine, and any past due amounts shall be sent to the homeowner.

For the purposes of this and other notices from the HOA, if the homeowner does not reside at the subject property, it shall be the homeowner’s responsibility to provide in writing, to the property manager or a member of the Board, a proper mailing address.  Notices shall be sent by first class mail or equivalent mail service.  The HOA shall not be required to send notices certified or registered mail.

 

APPEAL

A homeowner may appeal a formal or informal notice of violation by the HOA by contacting the property manager or a member of the Board.  Once the Board has assessed a fine(s), the homeowner may, within thirty (30) days, make a written request for reconsideration.  The homeowner, at his or her option, may also request a hearing before the Board.  The Board of Directors will notify the homeowner, in writing, of its decision regarding the reconsideration and/or request for a hearing.  Should the homeowner request a hearing, no enforcement fee will be imposed until after the hearing and the Board may, following the hearing, reduce or retract the fines, if the Board finds that such fines are not necessary to obtain compliance with the rules and regulations of the HOA.  If a homeowner fails to appear at the hearing, the monetary penalty will be considered valid and will be assessed retroactively.

 

COLLECTION

In accordance with CC&R Article XII Section 1, the Board may initiate legal action to enforce compliance with the CC&Rs and other rules and regulations of the HOA, including but not limited to, recovery of fines, damages, and/or request of injunctive relief.  The prevailing party shall be entitled to recover from the other party, its reasonable expenses, court costs, and attorney’s fees, in the amount awarded by the court.