The violation by any co-owner, occupant or guest of any of the provisions of the condominium documents, including any duly adopted Rules and Regulations, shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, of monetary fines against the involved co-owner. Such co-owner shall be deemed responsible for such violations whether they occur as a result of his or her personal actions or the actions of family, guests, tenants or any other person admitted by or through such co-owner to the condominium premises.

Upon any such violation being alleged, the procedures to be followed are summarized on the compliance flowchart. The procedures include a written notice of the violation, including the condominium document provision or Rules and Regulations violated, together with a description of the factual nature of the alleged offense set forth with such reasonable specificity as will place the co-owner on notice as to the violation. Notice shall be sent by First Class or Registered Mail, postage prepaid or personally delivered to the representative of said co-owner at the address as shown in the notice required to be filed with the Association pursuant to Article I, Section 2 (e) of the Bylaws.

The notice will remind the co-owner of their right to appeal, and will state the next scheduled meeting of the Board at which the appeal can be made in person, if so desired.

The offending co-owner shall have an opportunity to appear before the Board and offer evidence in defense of the alleged violation. The appearance before the Board shall be at its next scheduled meeting, but in no event shall the co-owner be required to appear less than 10 days from the date of the notice. An appeal can be communicated in writing; such an appeal will be considered at the time of the next scheduled Board Meeting after receipt of the written appeal.

Upon appearance by the co-owner before the Board and presentation of evidence of defense, the Board shall, by majority vote of a quorum of the Board, decide to sustain or overrule the violation. The Board’s decision is final. The co-owner does not have a right to be present at the time the vote is taken.

The failure to respond to a notice of violation constitutes a default. This option of the co-owner is addressed in the compliance flowchart, as are all other possible decisions along the way from violation notice to resolution.

Upon violation of any of the provisions of the condominium documents and after default of the offending co-owner, or upon the decision of the Board as recited above, fines shall be levied as indicated in the table below. Note that the purpose of fining in the instance of an unaddressed violation is not to annoy the co-owner or to raise revenue for the Association, but rather to inspire a timely resolution of the issue.

First violation                                                                                   No fine shall be levied
Second violation or second notice of an unattended violation                      $50.00 fine
Third violation or third notice of an unattended violation                            $100.00 fine
Subsequent violations or notices of an unattended violation                       $500.00 fine

The fines levied shall be assessed against the co-owner and shall be due and payable together with the regular condominium assessment on the first of the following month.