RESOLUTION OF THE

SKYLAND COMMUNITY ASSOCIATION

REGARDING POLICY AND PROCEDURE FOR

COVENANT AND RULE ENFORCEMENT

 

SUBJECT:           Adoption of a policy regarding the enforcement of covenants and rules and procedures for the notice of alleged violations, conduct of hearings and imposition of fines.

 

PURPOSE:           To adopt a uniform procedure to be followed when enforcing covenants and rules to facilitate the efficient operation of the Association.

 

AUTHORITY:       The Declaration, Articles of Incorporation and Bylaws of the Association, and Colorado law.

 

EFFECTIVE

DATE:                   January 1, 2007

 

RESOLUTION:    The Association hereby adopts the following policy and procedure to be followed when enforcing the covenants and rules of the Association:

 

1.         Reporting Violations.  Complaints regarding alleged violations may be reported by an Owner or resident within the  Skyland Community, a group of Owners or residents, the Association’s management company, if any, Board member(s) or committee member(s) by submission of a written complaint.

 

2.         Complaints.

 

(a)        Complaints by Owners or residents shall be in writing and submitted to the Manager for consideration by the Board of Directors. The complaining Owner or resident shall have observed the alleged violation and shall identify the complainant (“Complainant”), the alleged violator (“Violator”), if known, and set forth a statement describing the alleged violation, referencing the specific provisions which are alleged to have been violated, when the violation was observed and any other pertinent information. Non-written complaints or written complaints failing to include any information required by this provision may not be investigated or prosecuted at the discretion of the Association.

 

(b)        Complaints by a member of the Board of Directors, a committee member, or the manager, if any, may be made in writing or by any other means deemed appropriate by the Board if such violation was observed by the Director or Manager.

 

3.         Investigation.  Upon review of the complaint by the Board, if additional information is needed, the complaint may be returned to the Complainant or may be investigated further by a Board designated individual or committee. The Board shall have sole discretion in appointing an individual or committee to investigate the matter.

 

4.         Enforcement Letters.  After review and investigation, if a violation is found to exist, the following procedure shall be followed by the Board:

 

(a)        A notice of violation letter shall be sent to the Violator explaining the nature of the violation. Such notice shall provide opportunity for a hearing in front of the Board if such hearing is requested in writing within 14 days of the letter. The Violator will be given a reasonable time, as determined at the sole discretion of the Board, from the date of the first violation letter in order to comply, depending on the nature and severity of the violation.

 

(b)        If the alleged Violator does not come into compliance within the time allotted in the notice of violation letter, a Non-Compliance Assessment, in accordance with the Declaration and April 23, 1993 Resolution adopted by the Board, may be imposed following the notice and opportunity for a hearing.

 

(c)        Subsequent letters may be sent to the Violator, providing notice and an opportunity for a hearing at the next scheduled Board meeting, and explaining if a violation is still found to exist, further Non- Compliance Assessments may be imposed. Any letters shall further state the Violator is entitled to a hearing on the merits of the matter provided that such hearing is requested in writing within 14 days of the letter.

 

(d)        Violations may be turned over, at the sole discretion of the Board, to the Association’s attorney to take appropriate legal action.

 

5.         Hearing.  At the beginning of each hearing, the presiding officer, shall introduce the case by describing the alleged violation and the procedure to be followed during the hearing. Each party or designated representative, may, but is not required to, make an opening statement, present evidence and testimony, present witnesses, and make a closing statement. The presiding officer may also impose such other rules of conduct as may be appropriate under the given circumstances. Neither the Complainant nor the alleged Violator is required to be in attendance at the hearing. The Board shall base its decision solely on the matters set forth in the Complaint, results of the investigation and such other credible evidence as may be presented at the hearing. Unless otherwise determined by the Board, all hearings shall be open to attendance by all Owners. After all testimony and other evidence has been presented at a hearing, the Board shall, within a reasonable time, not to exceed 30 days, render its written findings and decision, and impose a fine, if applicable. A decision, either a finding for or against the Owner, shall be by a majority of the Board members present at the hearing.

 

6.         Notification of Decision.  Following a hearing, the decision of the Board shall be in writing and provided to the Violator and Complainant within 30 days of the hearing, or if no hearing is requested, within 30 days of the final decision.

 

7.         Failure to Timely Request Hearing.  If the Violator fails to request a hearing within 14 days of any notice of violation letter, or fails to appear at any hearing, the Board may make a decision with respect to the alleged violation based on the Complaint, results of the investigation, and any other available information without the necessity of holding a formal hearing. If a violation is found to exist, the Violator may be assessed a Non-Compliance Assessment pursuant to these policies and procedures, the April 23, 1993 Resolution, and the Declaration.

 

8.         Non-Compliance Assessment Schedule.  The amount of the Non-Compliance Assessment shall be determined based upon the April 23, 1993 Resolution and modifications adopted by the Board and not to exceed the amounts described therein on Exhibit A. Unpaid Non-Compliance Assessments shall be collected in accordance with the Association’s Policy and Procedure for Collection of Unpaid Assessments.

 

9.         Continuous Violations.  Continuous violations are defined as violations of Owner obligations that are uninterrupted by time. Each day of noncompliance with such violations constitutes a separate violation. If an Owner is determined as having a continuous violation, in accordance with the terms of this Policy, such Owner may be subject to a reasonably daily Non-Compliance Assessment, as determined in the sole discretion of the Board, following notice and opportunity for a hearing as set forth above.

 

10.       Waiver of Non-Compliance Assessments.  The Board may waive all, or any portion, of the Non-Compliance Assessment if, in its sole discretion, such waiver is appropriate under the circumstances. Additionally, the Board may condition waiver of the entire Non-Compliance Assessment, or any portion thereof, upon the Violator coming into and staying in compliance with the Articles, Declaration, Bylaws, Rules, or Design Guidelines.

 

11.       Other Enforcement Means.  This fine schedule and enforcement process is adopted in addition to all other enforcement means which are available to the Association through its Declaration, Bylaws, Articles of Incorporation and Colorado law. The use of this process does not preclude the Association from using any other enforcement means.

 

12.       Definitions.  Unless otherwise defined in this Resolution, initially capitalized or terms defined in the Declaration shall have the same meaning herein.

 

13.       Supplement to Law.  The provisions of this Resolution shall be in addition to and in supplement of the terms and provisions of the Declaration and the law of the State of Colorado governing the Association.

 

14.       Deviations.  The Board may deviate from the procedures set forth in this Resolution if in its sole discretion such deviation is reasonable under the circumstances.

 

15.       Amendment.  This policy may be amended from time to time by the Board of Directors.

 

 

PRESIDENT'S

CERTIFICATION:      The undersigned, being the President of the Skyland Community Association, a Colorado nonprofit corporation, certifies that the foregoing Resolution was adopted by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors on ________________________ and in witness thereof, the undersigned has subscribed his name.

 

SKYLAND COMMUNITY ASSOCIATION

a Colorado nonprofit corporation

 

 

By:                                                                      

                                                          , President