7. Violations and Fines

 

7.1

Reporting Violations

 

7.2

Fines for Violations

 

7.3

Violation Notification

 

7.4

Monthly Assessment Collection Procedure

 

7.5

Waivers

 

7.6

Appeal Procedure

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7.1             Reporting Violations  

Any resident or Property Management personnel can report a violation of the Riverview Condominium Rules and Regulations, Master Deed, Trust or By-Laws.  Reporter must supply name, phone number, and give description of the incident or no action can be taken by the Board of Trustees or their agents.  The board of Trustees or their agents will maintain a record of all violations.  Enforcement of rules and regulations may be through any Trustees or their agents.   

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7.2             Fines for Violations  

The Trustees may impose a fine of $25.00 per day upon Unit Owners for violations of the By-Laws and rules and regulations of the Riverview Condominium Trust or the provisions of the Master Deed of the condominium, which fines may be enforced by the Trustees, or its agent, through legal actions at law or equity.  A schedule of fines shall be adopted by the Trustees prior to the imposition of any fines.  A Unit owner shall be entitled to a Trustees’ hearing prior to the imposition of any fine, except in the case of late payment of common charges or any special assessments.   

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7.3             Violation Notification  

First Notification:  Any reported incident, by the Trustees, the Property Management Company, on behalf of the Trustees, or by the Board of Trustees, stating the rule being violated. 

Second Notification:  On the second report of the violation, a letter notifying the violator of a potential fine will occur if the violation is not corrected immediately and a copy of the letter will be distributed to the Board of Trustees.  Violator (Unit Owner) will be given 5 days (from date letter is sent) to correct the violation before a fine is initiated. 

Third Notification:  Board of Trustees will assess a fine of $25.00 per day for failure to comply.  Failure by the Unit Owner to comply with corrective actions, especially for violations which influence the maintenance or repair of Riverview Condominium, will result in the Board of Trustees taking the appropriate corrective action and assessing the Unit Owner for the cost of services and any fines.

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7.4              Monthly Assessment Collection Procedure  

The following time frame shall be used in the collection of monthly installments of the annual assessment an other charges due to the Association:

Due Date

1st day of each month

Past Due Date (date payment is late)

15th day of each month

Late charge imposed

16th day of each month

Late Notice mailed imposing late fees, interest, etc.

18 days after due date

Additional late fee imposed (monthly)

31 days after the due date

Notice of Intention to Refer Account to Attorney mailed or account referred to attorney for legal action

45 days after the due date

Attorney sends demand letter for payment including intent to file a lawsuit

60 to 65 days after the due date

Owner fails to respond to the attorney, a lawsuit is considered and if appropriate, is commenced

75 days after the due date

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7.5             Waivers  

The Association may grant a waiver of any provision herein upon petition in writing by a Unit Owner showing a personal hardship.  Such relief granted an owner shall be appropriately documented in the files with the name of the person or persons representing the Association granting the relief and the conditions of the relief.  In addition, the Association is hereby authorized to extend the time for the filing of lawsuits and liens, or to otherwise modify the procedure contained herein, as the Association shall determine appropriate under the circumstances.   

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7.6             Appeal Procedure  

A request for review of any fine must be received by the Board of Trustees or their agents within 14 days of the date the notice was mailed to the Unit Owner or resident.  All requests for appeal of fines will be heard by the Board of Trustees in closed session at the next available Board of Trustees meeting. 

Board decisions will be mailed to the Unit Owner or resident within 5 business days of the review. 

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