22 Fines Edit page

22 FINES

Monetary fines are used to discourage willful violation of established rules & regulations and to

promote urgent correction of identified violations among owners, renters, or guests who are in

violation. The Association shall have the right to levy fines for violations of these rules if a violation

is not immediately remedied by the offending unit owner upon written notice from the Association. For specific information regarding fines, please refer to the Association’s Fining Schedule and Procedure Policy.

RIVER TOWNE HOMEOWNERS ASSOCIATION AMENDED AND RESTATED FINE SCHEDULE AND FINING PROCEDURES WHEREAS, on November 18, 2020, the Board of Directors (the Board) adopted a Fining Resolution and now wishes to amend and restate said resolution. WHEREAS, Section II (b) of the Master Deed states that the administering body of the Association is the Board of Directors; and, WHEREAS, Section XIII (u) of the Master Deed states that “Each Unit Owner shall comply with the provisions and requirements of this Master Deed, including the administrative Bylaws attached hereto, the decisions and resolutions of the Board of Directors and with reasonable rules and regulations adopted from time to time by the Board of Directors for the common comfort, safety, convenience and protection of the use and enjoyment of their Units and of the general common elements as adopted for the orderly administration of the Development and of the building, and with all amendments thereof. Without in any manner intending to limit the generality of the foregoing, the Board of Directors shall have the right, but not the obligation to promulgate rules and regulations regarding the use of the general common elements by Unit Owners and their guests, invitees, servants and lessees, employees and customers”; and, WHEREAS, Article V (F) of the amended Bylaws states that the Board has the rights, powers and duties to “make and amend regulations respecting the use of the property in the Project, including the buildings and general common elements…”; and, WHEREAS, Article V (G) of the amended Bylaws states that the Board has the rights, powers and duties to “enforce by legal means, or otherwise, the provisions of the Master Deed, including the Bylaws and the regulations for the use of the property”; and, WHEREAS, Article V (O) of the amended Bylaws states that the Board has the rights, powers and duties to “establish and enforce rules and regulations for owners, residents, and guests of the property and to distribute changes to those rules to owners in a timely manner”; and NOW THEREFORE, the Board of Directors under the authority provided by Master Deed, as amended, and the Bylaws, as amended, the Board hereby amends and restates the aforementioned Fining Resolution dated November 18, 2020, to wit: The River Towne Homeowners Association through its Board of Directors has the right to levy a fine to be collected in the same manner as assessments against an Owner for violation of Policies, Rules or Regulations adopted by the Board. The following procedures shall be followed regarding such fines: 1. 2. Notice of Violation. When an alleged violation of the Policies, Rules or Regulations is reported or otherwise becomes known to the Board, the alleged violation will be investigated and a determination by a majority vote of the Board will be made as to whether or not the situation in fact presents a violation that would make the Owner subject to a fine. The Board will send a written Notice of Violation to the Owner via first class mail and e mail if the Owner’s e-mail address is known to the Board. The Notice of Violation will give the Owner at least five (5) days to correct the violation prior to a fine being imposed, unless a shorter period of time is required by the circumstances. Should the owner have a second occurrence of the same violation within (three) 3 months of the last violation, then, the Board will not be required to send a written Notice of Violation to the Owner prior to the Notice of the Fine. Imposition of Fines. If the Owner who is sent a Notice of Violation does not timely correct the violation, the Association may assess a fine or fines against the Owner according to the Fine Schedule set forth below. A Notice of the Fine will be sent via first class mail to the Owner and by e-mail if the Owner’s e-mail address is known to the Board. Failure to correct the violation in the discretion of the Board may result in ongoing daily fines until the violation is corrected. All fines must be paid within thirty (30) days of being assessed or they will become delinquent and collectible in the same manner as assessments. After the first Notice of Fine has been mailed, no additional notice will be given, but fines may continue to accrue until the violation has been corrected and the correction has been acknowledged by the Board after being contacted by the Owner in violation. 3. Waiver. The Board in its discretion may waive fines, attorney’s fees, interest, late fees, or other collection expenses in its discretion. Further, the Board in its discretion may suspend the imposition of fines if circumstances warrant such action. Any such waiver or suspension shall be at the sole discretion of the Board and shall not be deemed as a waiver of its past or ongoing rights to levy and collect fines herein. 4. 5. Fine Schedule. a.Violations without resulting in damage/injury .................... $50.00/per day/per violation b.Violations resulting in damage/injury ................................ $75.00/per day/per violation, in addition to the costs associated with the repair of damage/injury c.Any trash or items left outside the dumpster…………….$100.00/per day/per violation, in addition to the costs associated with properly disposing of the items d.Any violation/incident involving law enforcement and/or governing agencies ............................................................................................... $250.00/per day/per violation, in addition to any fines or costs assessed by law enforcement and/or governing agencies e.Any violation that is egregious as determined by the Board..$250.00/per day/per violation in addition to any fines or costs associated with the violation Hearings for Appeals. Hearings for appeals are addressed in a separate document, attached hereto, incorporated herein by reference and marked as “Exhibit A.” BE IT RESOLVED, that this amended policy was duly adopted by a majority vote at aEXHIBIT A” RIVER TOWNE HOMEOWNERS ASSOCIATION PROCEDURES REGARDING HEARING FOR APPEAL AFTER NOTICE OF FINE The governing documents for River Towne Homeowners Association has a right of the Board to assess fines in certain instances for violation of the Rules and Regulations adopted by the Board. An Owner has a right to appeal for a hearing before the Board before final imposition of any fine. The procedures regarding such a hearing are as follows: 1. Request For Hearing. Any Owner may request a hearing relating to his or her alleged violation of the Declaration. The Owner must submit a written request for a hearing within ten (10) days of the date of issuance of a Notice of Fine in order to have the fine reviewed by the Board in a hearing. 2. Hearing Procedure. Hearings shall be held within a time period agreed to by the parties, but reasonable effort shall be made to conduct the hearing within fifteen (15) days of the request for the hearing by the Owner. The hearing may include other Owners who may be affected by the decision. Owners who may be affected by decision, but are not present at the hearing, are permitted to provide written statements to the Board concerning the issues presented. The Board shall establish reasonable rules for accepting proof at the hearing, but the Tennessee Rules of Evidence will not apply. The Owner or any other interested party may be represented by legal counsel at the hearing so long as the Owner gives written notice to the Board at least five (5) days prior to the hearing so that the Board has the opportunity to have its attorney present at the hearing as well. 3. Decision On Appeal. The Board shall make its decision on the appeal in writing within ten (10) days of the hearing and deliver written notice of the decision to the Owner. The decision of the Board is final. The Board may decide to not implement a fine, to change the amount of a fine, or affirm imposition of a fine.