Minutes August 27, 2024

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Special Meeting of the BOARD OF DIRECTORS

Call to Order: Jim called the special meeting to order at 7:00 pm via Zoom.

  •  Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman, Doug Cash

  • Board members absent: None

  • Staff Present: Allison Cash

Voting Status: All board members present are in good standing.  Quorum.          

Changes to the Agenda: None

New Business:

The purpose of the Special Meeting of the Board of Directors is to discuss new rules regarding enforcement actions and the adoption of a schedule of fines.

  • The proposed rules are as follows:

5.1.2.2.
The Board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

1.     LISECC’s legal position does not justify taking any or further enforcement action;

2.     The restriction or rule being enforced is, or is likely to be construed as, inconsistent with law;

3.     Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources;
or

4.     It is not in LISECC’s best interests to pursue an enforcement action.

5.1.2.3
The Board’s decision to not pursue enforcement under one set of circumstances does not prevent the Board from taking enforcement action under another set of circumstances, but the Board may not be arbitrary or capricious in taking enforcement action.

Doug motioned to accept the proposed rules 5.1.2.2. & 5.1.2.3. Leslie seconded. All in favor.

  • Discussion of the schedule of fines (provided by LISECC’s attorney) to be added to Part 7 Policy Statements. The schedule stipulates fines for minor vs major offenses and offers the opportunity for members to rectify a situation or request a hearing before the board.

    • The board discussed Clause 1.1 Incurred Costs and modified it to read: “The Board has the option to include in the fine any costs incurred by the Association that is caused by or related to any offense (including a first Minor Offense).

  • Doug motioned to adopt the schedule of fines with the change to 1.1 Incurred Costs and insert it into Part 7 Policy Statements. David seconded. All in favor.

Adjournment: Doug motioned to adjourn the meeting at 7:40 pm. Jeff seconded. All in favor.