The Villas at Falls Run Condominium
Unit Owners Association
Standard Operating Procedure For Handling Violations
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October 25, 2007
The intent of this standard operating procedure is to outline procedural steps and provide guidance to owners concerning the identification, notification, and correction of violations; the hearing process; and owner’s rights, as set forth in Section 55-79.53 of the Condominium Act.
1. Violations: Each unit owner shall be governed by and shall comply with all of the terms of the Declaration, the Bylaws; the Rules and Regulations; and the FRCA Design Guidelines. A violation occurs when a villas owner does not observe these terms. Restrictions and rules cited in referenced documents are intended to maintain our community as an attractive place for everyone to live, as well as protect our properties and grounds. Notices are issued only when violations are noted.
2. Inspections: Periodic inspections will be conducted by the Villas managing agent and/or the Villas Covenants Committee. The results will be provided to the Villas Board of Directors (BOD) for action. In addition, any owner may report a violation to the Villas BOD or the managing agent for consideration for action.
3. Process:
a. When the BOD determines a violation has occurred, it will instruct the managing agent to send Violation Letter #1 to the owner. The owner then has 30 days to correct the violation and respond.
b. If the owner does not respond within the allotted 30 days, or if the response by the owner is determined to be unacceptable, the BOD will instruct the managing agent to send violation letter #2. The owner then has 15 days to correct the violation and respond and/or request a hearing before the BOD.
c. If it is found that no violation has occurred and a violation letter was issued in error, Violation letter #3 will be sent apologizing for the error.
d. If no response is received to violation letter #2, the BOD may request a hearing and notify the owner by Violation letter #4.
e. Follow up inspections will be conducted and are the responsibility of the managing agent and/or the Covenants Committee.
4. Owner Responsibility: An owner has a specified time to respond to a letter by signing and returning it to the managing agent. Time limits are noted in the letter. While it is anticipated that the violation will be corrected, each letter states the options available to the owner.
5. Villas Covenants Committee Responsibility:
a. Members of the Committee will make periodic inspections in conjunction with the managing agent. Any violations observed will be reported to the Villas BOD who will notify the Committee regarding the action taken. The Committee is responsible for follow up inspections to ensure the appropriate correction has been made and reporting of same to the BOD.
b. Upon receipt of an owner request for reconsideration, the Committee will inspect the property again to determine if a violation still exists. They will report their findings to the BOD.
6. BOD Responsibility:
a. When violations are reported, the BOD decides the action to be taken and directs the managing agent accordingly.
b. The BOD schedules and conducts hearings regarding violation(s) not corrected.
c. The BOD makes a final determination regarding the violation and the Board’s decision is final and binding on the owner.
d. In accordance with section 55-79.80:2 of the Condominium Act, the Board may assess charges for violations of the instruments or rules and regulations. The amount of the charges shall not exceed fifty dollars for a single offense or ten dollars per day for any offense of a continuing nature. The total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days. The BOD also has the authority to place a lien against the resident’s property until the fine is paid. If the violation is not corrected, the Board may arrange to have the violation corrected with any cost becoming the responsibility of the owner
7. Hearing Proceedings:
a. When a hearing is scheduled, Violation Letter #4 will be issued.
b. All hearings will be conducted at the Center and are considered to be executive sessions.
c. Owners may be accompanied by a representative of their choice.
d. After discussion between the owner and Board members, the Board will issue an immediate decision regarding the violation. The decision is final and binding.
e. If it is determined that a violation still exists, the owner will have 15 days from the date of the hearing to correct the violation.
8. Owner Liability: Each Unit Owner shall be liable for the expense of all maintenance, remediation, repair, or replacement rendered necessary by his or her act, omission, or negligence.