11 Rule Enforcement

RULE ENFORCEMENT

1. Any homeowner who witnesses an infraction of the Association Rules has the right and responsibility to enforce the Rules, except for towing automobiles from permit spaces and common areas. However if there is any reason that the homeowner would rather not confront the offender with the violation, the homeowner must report the violation IN WRITING to the Board of Directors, in care of the management agent, for action. (Telephonic or verbal complains will not be accepted or acted upon.) He/she must furnish the date, time, place, name(s) and address(es) of the violating parties, along with the specific details of the infraction. The name(s) of the complainant will be held in confidence. The Board of Directors shall enforce all CC&Rs and Rules & Regulations to the fullest extent possible. However, violations cannot be acted upon unless submitted in writing in a form acceptable to the Board. Complaint forms are available from the management agent. Once a written complaint is received and verified, the Board of Directors may (in accordance with current law) hold a hearing or take other disciplinary action on the matter at its next regular meeting.

2. An owner is strictly liable for violations of these Rules by his/her guests or tenants. Where a tenant is in violation of a Rule, the owner will be served notice and have the responsibility for subsequent action herein after as though he/she stands in the shoes of the offender. It is the owners’ responsibility to “police” his/her tenants, not the Board members or other home owners.

3. The owner may correct the complaint or answer the complaint by submitting a written statement to the Board and/or appearing at the Board meeting during which the hearing is scheduled. If a tenant attempts to respond to a complaint without the owner’s personal presence, or by written authorization, the tenant will not be heard. The hearing will be conducted by the Board of Directors whose decision shall be final.

4.  Except where noted in the Rules and Regulations, the fine for the first violation of any one rule shall be $50, for the second violation $75, the third $100, etc., increasing by $25 for each subsequent violation.  For any rule in which a $100 fine is specified for the first violation, the fine for the second violation shall be $150, the third violation $200, etc., increasing by $50 for each subsequent violation.  A rule violation will be considered a “first violation” if no previous violation of the same rule has occurred within the last twelve (12) months.

5. In addition to any fine levied, the Board shall impose any additional sums which amount to actual costs to the Cascade Gardens Community Association for repairs of Association property for correction of the violation. The Board of Directors may also suspend the voting rights or the right to use recreational facilities for any Rules violation.

5. All fines and charges assessed against an owner for violation of the Rules shall be applied to the offending owner’s account and will appear on the owner’s next statement of account. Any unpaid balances will be subject to additional late fees and charges as applied to the statement. Unpaid fines shall become a lien against the offender’s real property in accordance with current law. Unsatisfied liens may result in foreclosure proceedings.