VI. ENFORCEMENT OF INSTRUMENTS
Article VIII of the Declaration describes scope of authority of the Community Association, including the review and determination of alleged violations by Home Owners and Residents, execution of certain remedies, and recommendations to the Board of Directors of the Community Association for further action. The Community Association may execute certain remedies as provided for in Article VIII of the Declaration.
A. Non-compliance by Home Owner.
Article VIII, Section 8.8 of the Declaration describes the Community Association’s right to require the Home Owner to remedy any non-compliance. After notice of the violation, the Home Owner shall have thirty (30) days to complete the remedy. If the remedy cannot be performed within thirty (30) days, the Community Association shall take the time estimated for taking the remedial action into consideration. If Home Owner has not complied within thirty (30) days, or the time period otherwise designated by the Community Association if applicable, a duly authorized representative of the Community Association shall have the right to enter the property to perform the necessary work to bring the property into compliance. All costs incurred by the Association to bring the non-complying Home Owner into compliance, including the cost of the work and interest, shall be charged to the Home Owner as a Benefited Assessment. Any amounts invoiced to the Home Owner pursuant to this paragraph or pursuant to the Declaration as Benefited Assessments shall be due and payable within thirty (30) days of receipt of such invoice by Home Owner. The failure of the Home Owner to pay a Benefited Assessment levied against Home Owner is a default and could subject Home Owner to suspension of his voting rights and rights to use the Common Area(s) and the Recreation Center and such additional remedies as provided in the Declaration. The decision to suspend a Home Owner/Member's rights to use such facilities will be made by the Board of Directors of the Community Association.
B. Appeal of Decision.
Any Home Owner, lessee, or other resident aggrieved by a decision of the Reviewing Entity may appeal such decision, by requesting a formal hearing with the Covenants Committee in accordance with Article VIII, Section 8.3 of the Declaration and sub-section 3.18 (b) of the By Laws. A final appeal , if desired by the Home Owner, may subsequently be made to the Board of Directors of the Community Association.