Oak Ridge Commons Home Owners' Association Fine Policy
(updated Winter 2015)
The Executive Board of the Association for any noncompliance will initiate the following procedures:
A. Publication of Rules and Regulations
A. Publication of Rules and Regulations
- Every Unit Owner received a copy of the Declaration, Bylaws, and all existing Rules and Regulations when they move into a Unit.
- If a Unit Owners needs a copy of Rules and Regulations, they can contact the Association Manager or access the documents online
- If a Unit Owner violates any portion of the Declaration or any of the Rules and Regulations, the Association Manager will send the Unit Owner a warning letter. The warning letter will be mailed to the Unit Owner’s address on file.
- For any ongoing violation (such as failing to maintain the yard, failing to maintain the exterior of a Unit, making an unapproved alteration, etc.), the Unit Owner will have 15 days to correct the violation.
- For any violation that is a single occurrence (such as garbage cans, Recreational Vehicle Storage, Commercial Vehicles, etc.) the Unit Owner will receive a warning that a repeat of the action in the next twelve (12) months will be a violation.
- If a Unit Owner fails to correct an ongoing violation in 15 days, or commits another single occurrence violation within 12 months after being warned, the Unit Owner will receive a Notice of Violation.
- The Notice of Violation will state the provision of the Declaration, Rules, or Regulations that have been violated, and the amount of the fine that is being assessed.
- If a Unit Owner disputes that he or she has violated the Declaration, Rules or Regulations, the Unit Owner must notify the Association Manager or Board in writing, within 10 days of receiving the Notice of Violation. The notice needs to say that the Unit Owner disputes the violation, a reasonable explanation for the violation, and that the Unit Owner would like an opportunity to be heard by the Board.
- The Board will not consider the following explanations for a dispute: unaware of existing rule/stipulation, or condition caused by builder or developer.
- The Board will allow the Unit Owner to dispute the violation in person at the next regularly-scheduled Board meeting. The Board may chose to hold a special meeting, if it is agreeable to the Unit Owner.
- The Unit Owner will have up to 5 minutes to present his case. The Board may allow additional time if the Board, at its discretion, thinks it is required.
- The Board may hold the remainder of its meeting in private, consistent with its policy.
- The Board will tell the Unit Owner its decision either verbally at the meeting or in writing within 10 days.
- Failure to dispute the Notice of Violation within 10 days, or failure to appear at the meeting will waive the ability to dispute the violation.
- The Unit Owner and/or the Board may have an attorney present at the meeting.
- If the Board determines that the Notice of Violation was not proper, there will be no fines.
- If the Board determines that the Notice of Violation was correct, the fines for the violation will begin from the date on the Notice of Violation.
- For any continuing violation, the fines will be as follows:
- Original fine will be $25.
- An additional $10 fine will be assessed daily until the violation is remedied.
- For any single occurrence violation, fines will be as follows:
- The first occurrence within 12 months will be $25.
- The second and any additional occurrences will be $50.
- Until 12 months pass between violations, each new occurrence will result in a Notice of Violation, not a Warning.
- The Board will change the amount of fines from time to time, to give reasonable amounts for the enforcement of the Rules and Regulations.
- All fines will be assessed against the Unit. They become a lien on a Unit, just like assessments.
- All fines will accrue interest if not paid in the same manner as assessments.
- The costs of collecting fines, including court costs and attorneys’ fees, will be assessed against the Unit Owner in the same manner as assessments.
- Payments from the Unit Owner will be applied in the following order, regardless of any dispute or notation or instructions placed on the payment: Interest, late fees, costs of collection including attorneys’ fees, fines, then regular assessments.
- The Board may decide to waive a fine for a violation for a good cause.
- The purpose of a fine is to change behavior or initiate an action; and it is not intended for the Association’s financial gain.
- Any waiver of a fine in one circumstance does not preclude the Board from enforcing a Rule or Regulation or imposing a fine in the future.
- Because the enforcement of the Rules and Regulations is the responsibility of the Board and in the best interest of the Neighborhood as a whole, a Board member will not have a conflict of interest if he or she may benefit from the decision being made or if the Board member discovered the violation.