Policy 24
/LUMMI ISLAND SCENIC ESTATES COMMUNITY CLUB SCHEDULE OF FINES FOR LOT OWNER/TENANT VIOLATIONS
The following Schedule of Fines and procedures for the enforcement of the Governing Documents of Lummi Island Scenic Estates Community Club (“Association”), are adopted by the Board of Directors in consultation with Counsel and in accordance with the RCW 64.38.020(11). Please note that the following schedule of fines does not supersede fines expressly stated in other areas of the governing documents.
The intent of the Association’s Articles of Incorporation, Bylaws, Rules and Regulations and Policies (“Governing Documents”) is to enhance the value of the Lots, Common Facilities and Property of the Association and to protect and enhance the quality of life for all residents in the community.
It is understood that ownership within a homeowners’ association brings with it responsibilities to one’s neighbors and the rest of the community.
ENFORCEMENT OF THE GOVERNING DOCUMENTS
Communicating the offensive or inappropriate nature of action(s) to the Lot Owner shall generally be the preferred first option for rectifying problem situations. Owners in turn are responsible for the behaviors of their tenants and guests and service people.
Likewise, the Board shall weigh the circumstances in favor of leniency should the situation be a first offense and / or have the genuine appearance of an accident where reasonable care was exercised and should the Owner’s response be quickly and fully cooperative, providing a complete resolution to the situation.
1. Schedule of Fines: Failing the above, the Board, following advice of counsel, has adopted the following schedule of fines that may be imposed by the Board following a hearing under Section 7 which results in a determination that a violation of the Association's Governing Documents has occurred. As previously indicated, this schedule of fines does not supersede fines expressly stated in other areas of the governing documents. In compliance with Article 5.1.2., the Board may not be arbitrary or capricious in taking enforcement action.
Minor Offense (1) Major Offense (2).
First Offense: Warning Letter First Offense: $0- $100
Second Offense: $25-$50 Second Offense: $100-$250
Third Offense: $50-$100 Third Offense: $250-$500
1.1 Incurred Costs: 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).
1.2 Opportunity to Rectify: For Minor Offenses, as appropriate, the Owner shall normally be given a period (averaging seven to ninety days, but variable based on circumstances) to rectify a situation before a second or third fine would be imposed.
1.3 Exceptional Circumstances: Continuing Offense Fines: These fines are only for situations where an Owner or Tenant fails or refuses to cooperate. For Major Offenses the Board may elect to impose “Continuing Offense Fines” of $ 10-75 per day following a 3rd offense, or concurrently to a 1st or 2nd offense if the situation warrants. When a Minor Offense merits a Continuing fine, it would normally be imposed following the 3rd offense and be for $10 per day.
1.4 Waiver or Reduction of Fines: Should the Owner quickly cooperate and rectify the situation in good faith, the Board should consider waiving or reducing fines or placing them in suspension for a period of one to twelve months during which the Owner must remain free of violations, and at which point the fines would adjust to a reduced or zero amount.
1.5 Minor vs. Major Offenses:
- Minor Offenses are those which do not represent a threat to human health or safety, nor risk of harm to valuable property. These may consist of, but not be limited to, noise and pet regulations.
- Major Offenses are those which do involve a threat to human health and safety, or risk of harm to valuable property. Major Offenses consist of, but are not limited to, failure to abide by the Association’s Bylaws, Rules and Regulations, or Policy Statements.
2. Hearing Procedure: In any cases where a fine is proposed, or when a suspension of membership privileges for violation of the Governing Documents is proposed, or in any other case where the Board, in its discretion, deems necessary or advisable, an allegedly offending Owner shall be afforded the opportunity for a hearing by the Board to determine the appropriateness of the action proposed to be taken. A hearing will be governed by the procedure set forth below:
2.1 Notice of Violation. A written Notice of Violation shall be prepared and hand-delivered or mailed by registered or certified mail, return receipt requested, to such Owner and, if a Tenant is involved, also to such Tenant, at his, her or their last known mailing address(es). The Notice of Violation shall include:
(a) A statement, in reasonable detail, of the factual nature of any alleged violations, along with the Section number of any portion of the Governing Documents allegedly violated;
(b) The nature of the action proposed to be taken by the Association, including the dollar amount of any fine that could be imposed under the Schedule of Fines;
(c) A date by which the party must mail or deliver a written Request For Hearing to the Association to contest the imposition of the proposed sanction (which date must be not less than fourteen (14) days following the delivery of the Notice of Violation) along with the address to which such Request For Hearing must be sent; and
(d) A date that is not less than thirty (30) days following the delivery of the Notice of Violation, upon which the sanction would be imposed in the event that no hearing is requested by the party.
2.2 Form and Contents of Request for Hearing. The Request for Hearing shall be made in a Record, shall be signed by or on behalf of the affected party, and shall contain a brief statement of any reasons known to the party that the proposed sanction should not be imposed.
2.3 Establishment of a Hearing Date. In the event that a hearing is requested, no sanction may be imposed until the requested hearing is held or the affected party defaults or fails to attend the hearing. Upon receipt of a Request for Hearing, a Notice of Hearing shall be prepared and hand-delivered, or mailed to such party by registered or certified mail, return receipt requested. The Notice of Hearing shall include the location, date and time of the hearing.
2.4 Hearing Procedures. The President, or his or her designee, shall preside at the hearing, which shall be conducted generally in accordance with the requirements for Meetings of the Board as provided in Section 4.4.4 of the Bylaws of the Association. Any Director who feels that it would be impossible to be fair, objective and unbiased in the proceedings shall disqualify himself or herself prior to the commencement of the hearing. Both the Owner who is the subject of the hearing and the Association may be represented by counsel. Minutes shall be taken and, if requested by either the Association or the Owner, the hearing may be recorded either stenographically, or by audio or video tape or equivalent means. After receiving proof of the giving of the notice required by Section 2.1 herein, factual evidence in support of the allegation that a violation has occurred will be received. Live testimony from witnesses with personal knowledge shall be received where practicable. Affidavits or declarations in the form required by RCW 9A.72.085 may, however, be received in lieu of live testimony as the interests of justice may require, and formal adherence to legal rules of evidence shall not be required. Thereafter, evidence from the Owner, in defense or toward mitigation, shall be received. Any rebutting evidence may then be received. Legible copies of all documentary evidence received shall be attached to the minutes of the hearing. At the close of the evidence, both sides shall have the opportunity for legal argument.
2.5 Default. In the event that the Owner fails to appear at the hearing, (s)he may be deemed to be in default, and upon receipt of proof that the Owner received proper notice of the hearing, and upon receipt of any satisfactory evidence that establishes the existence of a violation, the Board may render its decision forthwith.
2.6 Continuances. The Board may in its discretion continue the hearing at the request of either the Owner or the Association, for such reasonable period not to exceed thirty (30) days.
2.7 Decision. The Board may issue its decision at the close of the hearing, or may adjourn and render its decision at a later date, not to exceed thirty (30) days following the date of the hearing or any continuation thereof. The decision shall be in writing, but need not contain detailed findings of fact or conclusions of law, and shall be delivered or mailed to the Owner and his or her attorney on the date of issuance. The original copy of the decision shall be dated and signed by the presiding Officer, and filed among the minutes of the Board of Directors.
2.8 Assurance of Voluntary Compliance in Lieu of Hearing. The Board may, with or without holding a hearing and at any time prior to rendering its Decision, accept from the Owner an Assurance of Voluntary Compliance in lieu of further proceedings, subject to such terms and conditions as may appear reasonable.
2.9 Alternative Forms of Dispute Resolution Authorized. In addition to the rights, remedies and procedures described above, the Association may, with the consent of an affected Owner and/or any other interested party, agree to resolve any dispute through mediation, binding or nonbinding arbitration, or such other alternative dispute resolution mechanism as may be deemed appropriate, at the discretion of the Board.
3. Lien. Any fine assessed pursuant to these Rules that goes unpaid, shall become a lien against the subject Lot and subject to enforcement provisions contained in Section 4.5 of the Bylaws.
The Board of Directors of Lummi Island Scenic Estates Community Club approved these Schedule of Fines and Procedures for Enforcement dated ________________________
LUMMI ISLAND SCENIC ESTATES COMMUNITY CLUB
By:
Its: President
ATTEST:
By:
Its: Secretary
Effective 27 August 2024.
Approved by the Board of Directors in regular session, 27 August 2024. Jim Coats, President.
