|
Common Areas
• Up • Articles of Incorp. • By-Laws • Covenants • Common Areas • Design Rules • Ewa by Gentry Neighborhoods, Single & Multi-family • Homeowner Forms • Resident Registration Form •
Ewa by Gentry
Community Association
POLICY RESOLUTION #2a
Common Area Covenants Violations & Special Assessment
WHEREAS, Policy Resolution #2 defines
the process by which the Board allows for action and remedy for
Covenants Enforcement of the Association Rules, and
WHEREAS, there exist violations
beyond the private lots of the Association Members that affect the
Common Areas of the Association, and
WHEREAS, there also exist overt acts
of damage, theft, and violent, threatening
and/or dangerous behaviors caused by homeowners or their
family members, friends, visitors and/or tenants, and
WHEREAS, the Board of Directors has
the authority to assess fines via Section 5.05(b) of the Declaration
of Covenants, Conditions and Restrictions, and
WHEREAS, events have occurred within
the community justifying the development of Special Assessment for
Common Area Covenants Violations,
NOW THEREFORE BE IT RESOLVED THAT the
Ewa by Gentry Board of Directors approves the following procedure
for determining Special Assessments for Common Area Violations:
- The
intentional violation must cause damage
(including theft, and theft of
services) to the Ewa by Gentry Common Areas.
- The
behavior is directed toward an Ewa by Gentry employee,
volunteer, or poses a risk to homeowners using Ewa by Gentry
Common Areas.
-
The homeowner
will be charged for all damage repairs,
and restorations.
- Additionally, the homeowner will be assessed a minimum fine of
$500.00, or a fine equal to the amount of the repairs
or replacement value, which
ever is greater.
- The
homeowner will be assessed a fee of $25 per hour for
administrative costs to manage the damage,
and
repair, or restoration.
-
The homeowner
will be assessed any attorney fees related to managing and
resolving the damage or
restoration.
-
The homeowner will be given 14
(fourteen) days in which to pay all assessments, fines and fees.
-
The fines and
fees outlined above will be waived for unintentional violations
when the responsible party reports the incident to Ewa by Gentry
within 24 hours, and arranges to take financial responsibility
for repairs or
restoration.
- All fines
and fees collected under this policy resolution will be credited
to the Ewa by Gentry’s park improvement fund.
Approved by the Board of directors
on: ________________________________
President:
________________________________________________________
|
