Summerwind Homeowners Association

Fine Policy Revision Adopted March 22, 2007

At the Summerwind Homeowners Association Board of Directors meeting, held March 22, 2007, a revised Enforcement and Fine Policy was approved and adopted.  This policy will become effective April 1, 2007.

The purpose of this Fine Policy is not to generate money for the Association, but rather to create the incentive for homeowners to comply with the Association’s Covenants, Conditions, and Restrictions (CC&Rs).

This policy will apply to observations of CC&R noncompliance issues as a result of the monthly drive-through inspections performed by the Association Manager, or noncompliance issues brought to the Board’s attention. The sequence of notices sent will be based on a 12-month time frame from when the observation occurs within a given CC&R Article and Section Number.

          The series of notices will start with a one-time only friendly memo reminder to the property owner regarding the need to comply with the CC&Rs. The friendly reminder will not count towards the fine policy. All other notices will inform property owners of their right to request a hearing with the Board of Directors to discuss the observation and the CC&R violation. Request for hearings must be submitted to the Board of Directors in writing.  Written notification will be sent informing the property owner of the day, time and location of the hearing. The property owner will receive written notification of the hearing panel’s decision.

The notices will be mailed to property owners as follows:

1.    The first observation of a violation will result in a one-time only friendly memo reminder mailed to the property owner that does not count towards the fine policy. The owner has 30 days to correct the problem to avoid receiving any violation notices that would count towards the fine policy.

2.    The second observation of violation will result in the first notice of non-compliance being mailed to the property owner. This noncompliance notice counts toward the fine policy. The homeowner has 30 days to correct the violation.

3.    The third observation will result in the second notice of noncompliance being mailed to the property owner. This second notice counts toward the fine policy. The homeowner has 30 days to correct the violation.

4.    The fourth observation will result in the third notice of noncompliance being mailed to the property owner. This notice informs the property owner that the violation must be corrected immediately to avoid the Association assessing a $300 fine against the property.

5.    If after 30 days the violation continues to exist, the fine notice will be mailed to the property owner assessing a $300 fine.

6.    If the property owner does not request a hearing or pay the fine within 30 days, a lien for the fine amount will be recorded on the property with King County.

7.    If the property owner fails to correct the violation it will be cause for additional fines assessed monthly until the violation no longer exists. If the property owner does not comply after the fine is assessed the Board of Directors may proceed with legal action in order to achieve compliance.

8.    Notices shall be considered cumulative within a 12-month time frame for each homeowner and a given CC&R Article and Section Number.