Westcliffe Homeowners Association

Assessment of Monetary Penalties

Assessment of Monetary Penalties

Assessment of Monetary Penalties:

The homeowner is notified of a violation by a "Friendly Reminder Letter" (first notice) mailed first class certified mail. The violation notice gives the homeowner 7 days in which to remedy the violation. If the violation persists, the homeowner will be provided with a "Formal Letter" (second notice) mailed first class certified mail. The “Formal Letter” will apprise the homeowner of the continuing violation, the possibility of a monetary penalty of $20.00 per day being assessed retroactive to the date of receipt of the letter if the violation is not corrected within 7 days from the receipt of the "Formal Letter". The homeowner has the right to contact the Board within the 7-day period and schedule a time to meet with the Board. If after the “Formal Letter” the violation has not been remedied and the Board has not been contacted by the homeowner to schedule a meeting a “Penalty Notice Letter” will be sent stating that a penalty of $20.00 a day is being imposed until the violation has been corrected. Also, temporary suspension of membership rights will be imposed until the violation is corrected.

The Board and the homeowner will meet for the purpose of considering the allegations of the violation. The homeowner will be able to present evidence and witnesses, including oral testimony, concerning their rebuttal to the violation and the assessment of any monetary penalty. After the hearing, the Board, alone, will meet in executive session to make a decision regarding the violation of the assessment of any monetary penalty. The homeowner will be notified in writing within 5 days by the Board of their decision and advised regarding the assessment of any penalty. In the event the Board assesses a monetary penalty to the homeowner, the penalty will be charged to the homeowners account and will become an assessment against that account.

If the violation remains uncorrected or the penalty has not been paid the matter will be turned over to legal counsel to be handled.

In the event of a second violation by the homeowner, the procedure will start with the “Formal Letter” with the same time schedule as outlined above.

This Assessment of Monetary Penalties Policy was voted on at the September 12, 2005 Association Meeting and approved by the majority, and is in effect as of October 1, 2005.

Dated: October 1, 2005

Westcliffe Homeowners Association
Board of Managers