Residents have submitted requests and suggestions to add a portion which outlines the process by which a violation of the CC&Rs will be addressed with community residents. Based on resident input, the following is submitted for review and will be voted upon at the May 9 meeting.
Current:
6.1 Enforcement. Enforcement to restrain or to recover damages for violation of the covenants may be brought by the developer or an owner of any lot or having any interest therein, whether acting jointly or severally, the association. The developer and the association shall not be obligated to enforce any covenant or restriction through legal proceedings or otherwise.
Proposed:
6.1 Enforcement. Enforcement to restrain or to recover damages for violation of the covenants be brought by the Home Owners Association or an owner of any lot or having any interest therein, whether acting jointly or severally, the association. The Home Owners Association shall not be obligated to enforce any covenant or restriction through legal proceedings or otherwise. If a violation of the covenants is perceived to have occurred, the following steps may be initiated to notify and rectify the perceived violation. To ensure that all residents receive due process, the following procedures shall be followed in all enforcement actions.
Resident is notified that there is a violation of the Covenants, whether real or perceived. This notification may be done by telephone, email, or U.S. mail. Resident is asked to respond to the Board of Directors as to the facts of the situation and their response to the allegations.
After review of the resident’s response, and if there is a genuine violation of the covenants, the Board of Directors will notify the resident of the violation, both in email (if available) and in writing, the expected change, and the Board must provide a reasonable time frame in which a remediation must be achieved. The Board will also notify the resident that they may submit an appeal to this decision in writing and/or may meet with the Board to discuss their appeal to this decision.
If the resident fails to resolve the violation within the time specified, the Board of Directors will meet to discuss the situation and plans will be set in motion to register a fine against the resident and/or place a lien again the resident’s property in Cooper Landing. Depending upon the violation, fines will generally range from $20 to $200. Exceptions may be made by which a fine may be less or more than the typical amounts listed above. The specific amount will be determined by the current Board of Directors based on the severity of the violation.
If the violation is egregious and the resident fails to (a) respond and/or (b) rectify the violation, the Cooper Landing Board of Directors reserves the right to call a special meeting after which they may take steps to resolve the violation. The cost for curing the violation shall thereupon be assessed against the lot and shall be a lien on such lot, which may be foreclosed as contained herein.
You may submit additional modifications by posting a comment below. You do not need to “approve” the changes within the comments; this area should be used for additional feedback on the changes proposed above. Comments will be visible to residents. The HOA Board of Directors reserves the right to remove/amend any comments which it feels to be inappropriate in this venue..