APPLE BLOSSOM FARMS SUBDIVISION

Restrictions Violation Fine Schedule

Apple Blossom Farms Homeowners Association

Deed Restriction Violation Procedures:

The Apple Blossom Farms Homeowners Association Board of Trustees is elected to represent the interests of all homeowners and to enforce the deed restrictions governing the development. It is not the intention of the Board to harass homeowners or to focus on minor one-time infractions of the deed restrictions. However, when a written complaint is made by one or more homeowners, it is the Board’s responsibility to deal with the complaint and, if determined that the complaint is valid, to contact all parties involved to resolve the issue.

When an impasse occurs between a non-compliant homeowner and the Board, it is also the duty of the Board to insure that violations of the deed restrictions are dealt with in a fair and timely manner. To resolve the complaint process, the following procedure has been developed:

First violation:            A courtesy call, e-mail or letter citing the specific violation(s) and requesting correction of said violations will be given to the homeowner. If the situation is not corrected in an agreed amount of time or if it becomes a second violation then:

Second violation:        A formal letter is mailed to the homeowner requesting that he/she appear at a meeting with members of the Board and/or Architectural Review Committee members.The letter will state the nature of the violation(s) and the date, time and location of the meeting. A minimum of seven days notice will be given for the meeting. Included in the letter will be a copy of the fine schedule, an option for mediation and a warning that legal action could be initiated if the homeowner is not willing to correct the violation. If the homeowner fails to appear at the meeting or fails to provide written evidence on his/her behalf, a monetary fine will then be imposed and a letter stating the amount and starting date will be sent.If a mediator is utilized, to expedite a timely resolution, mediation will occur within fourteen days after the first meeting date between the Board and homeowner. Costs for a mutually agreed upon mediator will be shared by the homeowner and Association. If mediation isn’t successful and the violation continues then:

Continuing violation:    The Board may levy a monetary fine assessed on a continuing basis (daily, weekly, monthly, annually) as determined by the attached fine schedule and nature of the violation. If the situation is temporarily corrected but another complaint is made about the same issue then it becomes a repeat violation; 

Repeat violation:        A repeat violation is defined as an infraction that occurs when a homeowner ignores the same provision of the deed restrictions more than once and has already been given the appropriate warning and hearing. A repeat violation will result in the immediate doubling of fines and the initiation of legal action.

 Voting rights will be revoked for homeowners with outstanding fines or liens.

It is the homeowner’s responsibility to notify a member of the Board of Trustees when the violation has been corrected. The fine will continue until the Board is notified.

While considered a last result after failing to amicably resolve the situation with a homeowner, legal action and property liens will be options at any time throughout the complaint process.

 Any owner receiving a fine or lien who still believes that no violation occurred has the option to submit a written explanation to the Board of Trustees and has the option to initiate legal action. The owner will be given an opportunity for a hearing, however, assessment fees will continue until after the hearing or legal action has been resolved.

Fines for specific offenses are:

Level 1 Violations

Articles II.7, II.10, II.12

Pets –control and noise

Trash/recycling containers

Landscaping/yard maintenance 

Fine Schedule/Occurrence

$5.00 per day (1st)

$10.00 per day (2nd)

$20.00 per day (3rd)

Level II Violations

Articles II.9, III.2

Vehicles- storage and size

Fencing /enclosures



$10.00 per day (1st)

$20.00 per day (2nd)

$40.00 per day (3rd)

Level III Violations

Articles III.1, III.2 III.3

Building additions

Pools, sheds outbuildings

Non-approval of architectural changes/building plans




$20.00 per day (1st)

$40.00 per day (2nd)

$80.00 per day (3rd)

 

The above list is not complete or comprehensive. Other violations of the deed restrictions not listed or specified above will be assessed based on the seriousness of the infraction.

 

3/09

Apple Blossom Farms Homeowner’s Association

Policy Resolution #___ - Schedule of Fines         (Adopted)____________

 WHEREAS Section V of the Declarations of Restrictions as to Land Located in Apple Blossom Farms Plats 1-7 grant the Association through the elected Executive Board of Trustees with the power to conduct Association business and to protect community interest by providing guidelines and a procedure to address conditions that are prohibited in the Declaration of Restrictions,

LET IT BE RESOLVED THAT the following Schedule of Fines will be followed:

  

Level 1 Violations

Articles II.7, II.10, II.12

Pets –control and noise

Trash/recycling containers

Landscaping/yard maintenance


Fine Schedule/Occurrence

$5.00 per day (1st)

$10.00  per day (2nd)

$20.00 per day (3rd)

Level II Violations

Articles II.9, III.2

Vehicles- storage and size

Fencing /enclosures



$10.00 per day (1st)

$20.00 per day (2nd)

$40.00 per day (3rd)

Level III Violations

Articles III.1, III.2 III.3

Building additions

Pools, sheds outbuildings

Approval of architectural changes/building plans



$20.00 per day (1st)

$40.00 per day (2nd)

$80.00 per day (3rd)

The Board of Trustees is authorized to enforce timely assessment payments from owners, compliance with Declaration of Restrictions and other policies enacted in accordance with the governing documents by assessing monetary penalties against owners who are in violation.

The above list is not complete or comprehensive. Other violations not listed or specified above will be assessed based on the seriousness of the infraction.

_________________________                      _____________________________

President - Board of Trustees                      Vice President – Board of Trustees

2/09

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