Enforcement Policy

January 2, 2018  Policies
Jan 022018
 

SUNRISE MOUNTAIN VIEW HOMEOWNERS ASSOCIATION, INC.
ENFORCEMENT POLICY

This policy is adopted by the Board of Directors pursuant to its authority under A.R.S. §33-1803 and Article IV, Section 6 of the Amended and Restated Bylaws.[1] The Courtesy Notice may be sent by email if an email address is on file with the Association. All other notices under this Policy shall be sent by U.S. mail, postage prepaid, to the address on file with the Association or if no address has been provided by the Owner, the Lot address.  Duplicate notices may be sent by email.

  1. COURTESY NOTICE: The Association shall provide the breaching Owner with written notice of the following:
    1. The nature of the violation(s).
    2. The date by which the violation(s) must be corrected, which shall not be less than ten (10) days from the date of the notice.
  2. NOTICE OF VIOLATION: Should the Owner fail to correct the violation(s) by the date provided in the Courtesy Notice, the Association shall provide the Owner with written notice of the following:
    1. The provisions of the CC&R provision(s) and/or Rule(s) that the Owner has violated.
    2. The date of the violation(s) or when it was observed.
    3. The name of the person who observed the violation(s).
    4. The date by which the violation must be corrected in order to avoid any sanctions.
  3. WRITTEN RESPONSE FROM OWNER: If the Association receives a written response from an Owner concerning a violation on his lot that the Owner sent by certified mail within twenty-one (21) days after the date of the Association’s notice, the Association shall provide the Owner with a written response within ten (10) days which includes the following information if not previously provided:
    1. The provision(s) of the CC&R’s and/or Rules that the Owner has violated.
    2. The date of the violation(s) or when it was observed.
    3. The name of the person who observed the violation(s).
    4. The process by which the Owner may dispute the violation.
  4. HEARING NOTICE: If an Owner fails to correct the violation(s) by the date set forth in the Notice of Violation, the Owner shall be provided with written notice of the following:
    1. That the nature of the continuing violation(s).
    2. That the Owner has a right to be heard before any sanctions are imposed.
    3. The date, time and place of the Owner’s hearing before the Board of Directors.
  5. CHANGE IN HEARING DATE. If the Owner cannot attend the violation hearing on the date provided in the Hearing Notice, the Owner may make a one-time written request to have the hearing re-scheduled.
  6. HEARING. Hearings shall be conducted in open session unless the Owner requests that the hearing be held in executive session.
  7. SANCTIONS. The following sanctions may be imposed by the Board for any CC&R or Rule violation regardless of whether the Owner attends the hearing:
    1. MONETARY PENALTY. The Board may impose a reasonable fine for each violation of the CC&R’s and/or Rules and any fine may be continuing in nature until such time that the violation is corrected. As an alternative, the Association may impose a fine and hold it in abeyance upon the condition that the Owner corrects the violation by a certain date.
    2. SUSPENSION OF RIGHTS. The Board may suspend the Owner’s right to use the common area recreational facilities for up to sixty (60) days.
  8. PAYMENT OF FINES. An owner shall be provided with written notice of any fine imposed and the date by which payment is due. If a fine remains unpaid fifteen (15) or more days after its due date, it shall be deemed delinquent and subject to a late fee of $15.00 or ten percent (10%) of the unpaid fine, whichever is greater. In the case of a continuing fine, the Owner is responsible for notifying the Association that the violation has been corrected.

    Payment of a fine does not constitute a variance for the violation. All violations must be corrected regardless of whether a fine was imposed.
     
  9. TENANTS AND GUESTS. Owners are responsible for violations of the CC&R’s and Rules by their invitees, tenants and guests.
  10. REFERRAL TO ATTORNEY. If a violation is not corrected by the Owner after a sanction is imposed or if the Board of Directors, in its sole discretion, determines that the nature of the violation warrants immediate action, the Association may refer the matter to counsel. Nothing contained in this Policy shall be interpreted as prohibiting the Association from referring CC&R violations to counsel at any time in the enforcement process.

This Enforcement Policy was adopted by the Board of Directors on the 18th day of September 2017.

By:       Guy Scharf, President     

By:       Larry Spencer, Secretary

[1] This policy does not apply to nonpayment of assessments.