- In recognition of the need for a reasonable means of encouraging and insisting upon compliance with the provisions of the Governing Documents without resorting to suits for injunctive relief, the Board of Directors has adopted the following:
- A policy of reasonable monetary penalties which specifies the amounts of potential monetary penalties; and
- Assess any Owner found to be in violation of any of the General Restrictions or Adopted Rules and Regulations.
- A notice and hearing relating to the Monetary Penalty Assessment will be made in the following matter:
- Notice must be sent by prepaid first-class registered U.S. Mail to the relevant Owner’s most recent address in the Association’s records at least fifteen (15) days before the proposed effective date of the penalty;
- Notice must set forth details of the violation itself, the proposed monetary penalty, and the date, time and place of the Hearing;
- The penalized Owner may be heard (either orally or in writing) at a Hearing held at least five (5) days before the effective date of the proposed penalty;
- Hearing will be held by the Board of Directors, and their decision is final and binding upon the Owner; and
- Following the Hearing, the Board of Directors must decide whether or not the Owner should in fact be
penalized, and the amount of the penalty.
- If an Owner fails to pay any amount assessed pursuant to Association’s Controlling Documents, the Board may seek judicial enforcement of the Assessment in any court of competent jurisdiction, with the Owner liable for all costs (collection costs, court costs, attorney’s fees, etc.).
The following Fine Schedule is currently in affect pursuant to California Civil Code S 1363, which states “the Board of Directors shall adopt and distribute to each member, by personal delivery or first-Class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents.”
The following Fine Policy has been set by the Canyon Crest Homeowners Association Board of Directors for the year 1997.
1ST Warning letter 2nd Warning letter 3rd Letter “Notice Hearing” $100
4th Letter “Notice Hearing” $150 5th Alternative Dispute Resolution / Legal Action Plus $250
