Due Process Resolution
LAKE BARCROFT ASSOCIATION, INC.
Rule Violations: Complaint and Due Process Procedures
A. Any owner, tenant, committee chairperson or Board member may request that the Board take action to enforce the Governing Documents.
B. The complaint shall specify the name and lot number of the alleged violator, the rule violated, and the nature of the violation. A complaint by other than a Board member shall be in writing and addressed to the Board.
C. The Board will then consider the complaint and take appropriate action, such as declining to take action on the complaint, or directing that a demand letter be sent, or that the matter be referred to counsel or county authorities.
A. If determined appropriate, a written demand letter shall be sent by first class mail or shall be hand-delivered to the owner at the address which the owner has provided the Association or at the lot address if no other address has been provided. A copy may be sent to the tenant if there is a tenant.
B. The demand letter shall specify the alleged violation, the action required to abate the violation and a date usually not less than ten (10) days after the date of the demand letter by which the alleged violation must be remedied. Provided, however, when the violation may constitute a health, safety or fire hazard, or other emergency situation, demand may be made to remedy the violation within twenty-four (24) hours.
C. The demand letter shall state that if the violation is not remedied, the alleged violator must request in writing a hearing before the Board to avoid imposition of assessed charges or suspension of certain rights of use. The letter shall also state that if no hearing is requested, the owner will be deemed to have waived the opportunity for a hearing and rules violation charges may be assessed or his right to use certain facilities and services, including the recreational facilities and parking areas, may be suspended. The demand letter may be combined with the notice of hearing referenced in Section III if the alleged violation is of a serious nature or if previous notices of violation have been sent to the owner.
III. Notice of Hearing
A. If the alleged violation is not remedied within the date or time specified in the demand letter referenced in Section II and the owner requests a hearing or if the Board determines a hearing is necessary, a notice of hearing shall be sent. Notice of a hearing shall be hand delivered or mailed by registered or certified United States mail, return receipt requested, at least fourteen (14) days in advance of the hearing, or within such other time as may be required by the Act, to the owner at the address which the owner is required to provide to the Association. The demand letter referenced in Section II.B may be combined with the notice of hearing or right to a hearing.
B. The notice of hearing shall specify:
- The time, date and place of the hearing, if the Board or its authorized designee deems a hearing appropriate, or that the owner has the opportunity to request a hearing.
- That the owner and tenant, if applicable, shall be given an opportunity to be heard and to be represented by counsel before the Board.
- The alleged violation, citing provisions of the Governing Documents which allegedly have been violated.
That the member’s right to use facilities or services, including the recreational facilities and parking areas, can be suspended and/or that certain charges for violation of the Governing Documents may include assessment of up to Fifty Dollars ($50.00) for a single offense or Ten Dollars ($10.00) per day for up to ninety (90) days for any offense of a continuing nature or such greater amounts as may be authorized by the Act.
A. The hearing shall be scheduled at a reasonable and convenient time and place within the Board of Directors' discretion.
B. The Board, within its discretion, may grant a continuance. If the owner for whom the hearing is scheduled requests a continuance to a different time or date, no further notice shall be required.
C. The hearing need not be conducted according to technical rules of evidence applied in a court of law. The hearing shall provide the alleged violator with an opportunity to be heard and to be represented by counsel.
D. The management agent, owner, tenant, any person lodging a complaint, and members of the hearing panel shall have the right: (1) to call, examine, and cross-examine witnesses, (2) to introduce testimony and evidence, and (3) to rebut testimony and evidence, all within reasonable time limits imposed by the Board of Directors.
E. The hearing shall be conducted in private unless the alleged violator requests that the hearing be open to owners and residents and further provided that the chairman of the hearing body may impose a reasonable limit on the number of such persons who can be accommodated in the hearing room. During the course of any hearing held, the Board, within its discretion, may afford those residents involved with the dispute or violation an opportunity to be heard within reasonable time limits.
F. After proper notice has been given, if the owner fails to appear at or request a hearing, the Board may suspend certain rights of the member, including the right to use certain facilities and services, including the recreational facilities and parking areas, and/or assess charges from the final compliance date of the letter or take such other action as may be authorized by the Governing Documents, the Act, or other law.
G. If the alleged violator acknowledges responsibility for the violation charged, or does not wish to contest the alleged charge, the Board may, in its discretion, dispense with a hearing after having afforded the alleged violator with an opportunity for a hearing.
H. Within seven (7) days of the hearing by hand delivery or by mail, registered or certified, the Board shall notify the alleged violator of its decision. The decision, which shall be in writing, shall state whether the Board is suspending the member’s rights and/or assessing any charges and shall set forth the date after which those suspensions or assessments shall accrue and be due, which shall not be earlier than the date given in the original demand letter.
The Board or the Association’s Management Agent shall keep copies of all correspondence relative to rules violations in the owner's file or in a separate file on rules violations. Minutes of each hearing or meeting shall be kept, and a record of the proceeding shall be completed and placed in appropriate Association files.
VI. Assessment of Charges
Pursuant to Section 55-513.B. of the Act, any charges assessed for violation of rules after notice and hearing shall be in amounts authorized by the Act and shall be treated as an assessment against such owner's lot for the purpose of Section 55-516 of the Act, regarding liens, and collection under the provisions of the Governing Documents. Such amounts also shall be the personal obligation of the owner.
VII. Other Remedies
This resolution shall not be deemed to require a hearing prior to assessment of rules violation charges if a hearing is not requested or to prevent the Association from exercising any other remedies authorized or available under the Act, the Governing Documents or by law and shall not constitute an election of remedies.