BALLENA BAY TOWNHOME ASSOCIATION #1
VIOLATIONS OF GOVERNING DOCUMENTS
POLICIES AND PROCEDURES

By resolution of the Board of Directors of the Ballena Bay Townhome Association # 1, the following enforcement policy was approved on February 19, 2013

Owners will be notified by letter of noncompliance with the governing documents. Owners will be given 30 days to correct or bring the item into compliance. If not corrected by the date given in the letter the Board will levy a violation assessment fine to the owner’s account at a hearing. The owner will receive at least ten days written advance notice of the hearing and will be given the opportunity to present evidence of compliance or show cause why an assessment fine should not be levied to their account. The hearing will take place at a mutually agreed-upon time. Non-attendance at the hearing or lack of good faith efforts to come to agreement on a time and date for a hearing will be considered acquiescence by the owner and the fine will be levied as below.

The Board of Directors has determined the following:

Violations are categorized as Minor, Major or Financial Deterrent

Financial Deterrent violations are aimed at money-making business uses in violation of the governing documents

The determination of major or minor is based on impact to community

Once a hearing has taken place and the homeowner has been notified, uncured violations will result in weekly fines backdated to the initial notice of violation. Weekly fine rates will double after 90 days.

Weekly fine rates are

    – $25 for Minor violations

    – $50 for Major violations

    – $100 for Financial Deterrence violations

    – The Association may levy additional fees to recover actual costs of enforcement, collection, etc.

Infraction Type	(Major, Minor, Financial Deterrent)
Architectural	Major
Prohibited Business usage	Financial
Subdivision of lot	Major
Short-term rental (< 30 day lease)	Financial
Failure to notify HOA of rental or lease of unit per Section 2,5 of CC&Rs	Minor
Failure to notify HOA of pending sale of unit per Section 2.5 of CC&Rs	Minor
Violation of any zoning, building or environmental laws or regulations	Major
Signage violation	Minor
Homeowner installation of fencing	Major
Keeping animals not allowed by Governing Documents	Minor
Installation of any structure in Common Areas (including Exclusive Use areas, eg, driveways)	Major
Visible clotheslines	Minor
Flooded roofs or common area due to clogged drains or gutters	Minor
Over-length boats	Major
Homeowner or resident boat on side-tie w/o written agreement from all homeowners in dock cluster	Major
Guest boat on side tie for more than 72 hours	Major
Tie-up of dinghy or other floating objects or materials anywhere except within homeowner’s assigned docking area (eg, head float or behind head float) without written agreement thereto from all homeowners in dock cluster with review and approval by Waterside committee	Major
Storage of materials or watercraft, installation dock box, swim ladder or utility fixtures on a finger or head float without written agreement thereto from all homeowners in dock cluster with review and approval by Waterside committee	Major
Storage of anything in the common areas not listed above	Minor

 

For violations not listed, determination of the severity of an infraction (minor, major, or financial deterrent) shall be at the sole discretion of the Board of Directors. Further, the Board of Directors reserves the authority to impose severe fines up to $1,000.00 per week for serious and continuing violations of the governing documents including, but not limited to, those violations which pose a threat to health, safety and the general well-being of all members.

Approved by the Ballena Bay Townhome Association #1 Board of Directors