Fine Policy

VENU CONDOMINIUM ASSOCIATION
REVISED FINE POLICY AND APPEAL PROCESS
Effective 2/1/2010

FINE POLICY

The following Revised Fine Policy and Appeal Process shall be followed for the Venu Condominium Association:

FIRST NOTICE: An initial notice of the violation shall be mailed to the Owner requesting compliance within ten (10) days - NO FINE.

SECOND NOTICE: If violation still exists ten (10) days after the date of the first notice, a second notice requesting compliance within ten (10) days shall be mailed to the Owner. A $25.00 FINE will be assessed with the second notice and is due immediately. 

THIRD NOTICE: If violation still exists ten (10) days after the date of the second notice, a third notice requesting compliance within ten (10) days shall be mailed to the Owner.  A $75.00 FINE will be assessed with the third notice and is due immediately.  In addition, amenity cards will immediately be deactivated and all access to amenities will be denied until the violation is corrected and all fines are paid in full.

CONTINUING VIOLATIONS: If the violation continues without resolution ten (10) days after the date of the fourth notice, a FINE of $200.00 shall be assessed every ten (10) days until the violation is resolved. In addition, the Board of Directors shall have the right to remedy the violation and/or take legal action, the cost of which shall be billed to the Owner and collected in the same manner as assessments.

FINES: No fine shall be imposed without first providing a notice of the violation from the Association to the Owner describing the violation and stating that failure to correct the violation within ten (10) days or another recurrence of the same violation within three (3) months of the original violation shall make the Owner subject to imposition of a fine. Failure to pay any fine shall subject the Owner to the same potential penalties and enforcement as failure to pay any assessments under Sec 7.7 of the CC&Rs.

SELF HELP:  Pursuant to Sec 5.4 of the CC&Rs, if any portion of any Lot is so maintained as to present a public or private nuisance, substantially detracts from the appearance or quality of the surrounding Lots, is being used in a manner which violates the Governing Documents or if the Owner is failing to perform any of its obligations under Governing Documents, the Board shall provide written notice to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken (“Self Help”) at such Owner’s cost. 

BOARD DISCRETION:  Notwithstanding the above provisions of the violation policy, the Board at its sole discretion, may at any time, assess a fine in an amount up to $10,000 for any incident the Board deems to be egregious, dangerous, that may threaten the life, health, safety, or welfare of any person, resident or owner, or that cause detriment or damage to any Association or other Owner’s property.  The Board may levy this fine despite any past violation history or lack thereof. 

In addition, nothing in this Fine Policy will limit the Board of Directors  right to seek immediate Injunctive Relief at anytime regardless of the presence or absence of notices hereunder, for any violation that the Board of Directors determines in its sole and absolute discretion constitutes a material danger to persons or property or requires immediate action for any other substantial reason.

The Board of Directors reserves the right to take any action permitted by law or the CC&Rs, in addition to the above mentioned fine policy.

APPEAL PROCESS

• When a violation notice is sent to an Owner, such notice shall include a statement notifying the Owner that he/she has the “RIGHT OF APPEAL”.
• When an Owner desires to appeal a violation, he/she must so notify the Management Company in writing within ten (10) days after the date of the violation notice.
• Appeals shall demonstrate extenuating circumstances which require deviation from the CC&Rs and/or guidelines.
• Appeal shall include all pertinent backup information to support the existence of the extenuating circumstance.
• All decisions of the Board of Directors are final and may not be further appealed.
• Any appeal that does not meet the above requirements shall not be heard by the Board of Directors and shall be considered DENIED.
• The Owner appealing the violation will be given written notice that a hearing on the appeal is scheduled.
• The appeal shall be heard in Executive Session.
• The Board President will introduce all parties.
• Lengthy discussions are not a part of an appeal process.
• The Owner who is appealing will be asked to state their case and present any applicable documentation.
• Each Board Member will have the opportunity to ask the Owner specific questions regarding the appeal.
• Upon completion of the question and answer period, the Board President will state that the appeal has been heard and the Board of Directors will make their decision in closed session. Written Notice of the Board’s decision will be delivered to the Owner within seven (7) working days.
• If the appeal is denied, the Owner must bring the violation into compliance within ten (10) days. If the violation still exists after ten (10) days, the Owner shall be subject to the Fine Policy as outlined above until the violation is corrected. In addition, the Board of Directors may seek legal action to remedy the violation. All costs of legal action will be billed to the Owner and collected in the same manner as assessments.