Rules Compliance & Arbitration

When the amendment allowing fines against owners for repeated violation of rules was passed, the Board felt it was necessary to implement a procedure to give owners a chance to present a defense if they felt they had been wrongfully accused.

That procedure is part of the By-Laws, and is also included in the Rules Booklet.

Rules Compliance and Arbitration

A. A Rules Committee shall be appointed by the Board of Directors/Managers of the complex to:

1. Oversee compliance with the Association’s/Condominium’s Declaration, By-Laws, and Rules and Regulations.

2. Participate in hearings with the owner-in-violation, when requested.

3. Impose fines and other legal actions.

B. The Rules Committee shall be composed of five (5) people:

1. One (1) officer of the Board of Directors/Managers.

2. Four (4) unit owners: one (1) from Charter Oaks Townhouses, (1) from Chappelle Villas at large, and two (2) from the Charter Oaks Garden Units.

C. Compliance Procedure:

1. When a written complaint has been received by the Board of Managers/Board of Directors, Management or the Rules Committee, a letter will be sent to the unit owner, by the Manager (within three (3) days), requesting a response regarding the violation within not more than ten (10) days.

2. Should initial contact be ineffective to secure compliance, a
certified written notice of the violation will be sent to the unit owner, (return receipt requested). Such notice shall:

a. Specify that he, his tenant, or a family member, guest, or other invitee of either of them is in violation of a particular provision of the Association’s/Condominium’s Declaration, By-Laws, or Rules and Regulations.

b. Request, as appropriate, either correction of the violation, or written assurance that similar violations will not occur in the future.

c. Date for compliance is immediate upon receipt of the letter.

3. If the same violation continues or a similar violation re-occurs after the above notice (#2), the Committee shall then recommend, to the Board of Directors/Managers, monetary penalties be imposed. The amount and/or severity shall be reasonably related to the violation and to the aim of deterring similar future violations by the same or any other person.

a. The fine shall be a special assessment against the unit as well as the personal obligation of the unit owner.

b. A unit owner shall also be personally liable for any fine imposed upon the unit owner’s family, tenant, guest, or invitee, or the family guest or invitee of a tenant.

4. Failure to correct the condition or situation immediately after the initial fine becomes due and payable shall constitute a second offense, for which an additional fine will be due.

5. Notice of the imposition of such fine(s) shall be mailed to the owner by regular and Certified Mail.

6. The fine shall be paid to the Charter Communities Association/the Condominium within fifteen (15) days from the date such notice is received, unless the owner requests a hearing within said fifteen (15) day period by written notice to the Association/Condominium Manager.

7. If no written request for a hearing is received, and the fine is not paid within the said fifteen (15) day period, legal action may be taken.

8. The Board of Directors/Managers may bring an action against the unit owner to pay the same or to take appropriate legal action. Reasonable attorneys’ fees shall be added to the amount of such fines, and in the event a judgment is obtained, such judgment shall include the costs of the action.

D. Arbitration Procedure:

1. The Manager shall promptly forward a request for a hearing to the Rules Committee.

2. The Rules Committee shall meet within twenty (20) days thereafter to hear and dispose of the matter.

3. Notice of the time, date, and place of the hearing shall be sent to the owner, by regular and certified mail.

4. Both the unit owner and the Rules Committee shall be given the opportunity to be heard at the hearing.

5. The Rules Committee shall render a decision on the matter at said hearing, and shall promptly send written notice of such decision to the owner, and the Board of Directors/Managers.

6. If the Rules Committee decides to uphold the original determination, the provisions relating to the payment and enforcement of fines set forth in Section C, above shall apply.

7. If the Rules Committee decides in favor of the owner, no fine will be imposed.Written notice of such decision will be sent to the owner, and the Board of Directors/Managers.

Fine Schedule

The fine for each occurrence shall be added to the initial and succeeding occurrences.

Please Note:

In order for action to be taken on a complaint, it MUST be submitted in writing, to the Management Office. Although it is signed, this information will remain confidential. The complaint must be specific – who, what, where, and when. It can be handwritten, or typed, but must be signed. It need not be formal, but must include the pertinent facts… who did it, what they did, when they did it, and where (approximately) they did it. You will get a copy of the letter that will then be sent to the offender. (If you do not get a copy of this letter within a week, please contact one of the Board Presidents or other Board members.)

Violation of the above rules will result in a fine if the violation continues after a warning has been received.