Violation of Covenants/Bylaws

Upon identification of a violation of the Declarations of Covenants, Conditions and Restrictions for the Reserve at Brookside and the Bylaws of the Reserve at Brookside HOA and/or any duly adopted rules, regulations or policies of the Reserves at Brookside (hereinafter collectively referred to as “Rules”), the Board or its agent will  take the following actions:

The Association will send WRITTEN NOTICE to the homeowner listing the violation and providing for a specific time period for compliance.  All Notices will be sent to the billing address of record by first class mail.  If homeowner is unable to cure the violation within specified period he/she must respond in writing within the specified period to the Board of Trustees to propose a resolution or request a hearing. Failure to request a hearing in writing, within the specified time period shall be a waiver of the opportunity for said hearing.  The hearing will be conducted within thirty (30) days of the written request.

If homeowner fails to remedy the cited violation within specified time period, a fine of $50 will be imposed on homeowner.  A second WRITTEN NOTICE of violation will be sent to the billing address of record by first class mail.  The Second Notice will inform the homeowner that if the violation is corrected or eliminated within 14 days from the postmark of the second notice, no further action will be taken.  Failure to correct the violation, or cease work on any improvement will result in the association electing to pursue any one of the remedies available to the Board under Rules.

If the 14 days allowed has passed without correction, a fine of $100 per month of violation will be imposed and third WRITTEN notice will be sent to the billing address of record by CERTIFIED MAIL.  The Third Notice will inform the homeowner that in addition to the fines, the homeowners account will be assessed all costs related to the process.

The Board may at any time during the enforcement process determine it to be in the best interest of the association to end the violation fine process and refer the matter to Legal Counsel to pursue the association’s remedies, which may include injunctive relief to correct or otherwise abate the violation.

If a violation of the same nature is repeated within any one (1) year period after the last violation letter was sent, the violation letter process will continue uninterrupted.  If a violation of the same nature occurs one (1) year or more after the last violation letter was sent, the violation will be considered new and the process will start from the beginning.