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PAWLEYS PLACE HOME OWNERS ASSOCIATION, INC. VIOLATIONS OF THE ASSOCATION'S, BY LAWS AND RULES AND REGULATIONS | ![]() Click HERE to download the PDF Version |
Whereas, The Board of Directors is charged with the responsibility for enforcing the
Declarations of Covenants and By-Laws duly adopted, and
Whereas, The Declaration of this Association directs the responsibility to the Board of
Directors for such enforcement in Article IX Section One and By-Laws Article VII Section 1(A)
Whereas, The Association has contracted with a professional management company to
provide Management services and supervision over certain specific contract services
to the Association and
Now Therefore, be it resolved that the Board of Directors has selected to authorize its
Managing agent to carry out the following policy with respect to all the Declarations,
By-Laws and Rules and Regulations enforcement, reserving to itself the right to modify and
Intervene in certain cases, as the Board may see fit.
1. Members violating the community's governing documents will be served written
notice describing the nature of the violation, the proposed sanction to be imposed, a
period of not less than fourteen (14) days within which the violation is remedied and the
penalty fine to be imposed in accordance with Article IX Section One and By-Laws Article
VII Section 1(A).
2. If the violation is cured within a 14-day period, imposition of sanctions is to be suspended.
3. If written appeal Is received from the member in violation within the 14-day period, the
Board of Directors shall be notified to review the facts and findings for any grounds for
possible reconsideration.
4. If no cure or appeal is received from the member in violation within the 14-day period
the member will be served written notice via regular mall that a $150.00 fine has been
imposed. If the member fails to cure the violation after 14 days, the member will be
served written notice via regular {and certified) mall that an $300.00 fine has been
imposed. A fine of $600.00 per repeated violation thereafter shall be charged to the
members account, if the violation is not corrected within the timeframe noted in
notice.
5. For recurring violations (those of a non-continuous nature), member will be served notice
describing the nature of the violation and the penalty fine to be imposed for failure to
comply with the violation. Upon a second notice of the violation within a 12-month period,
the member will be served written notice via regular mail that a $150.00 fine has been
imposed. Upon a third notice of the violation within a 12-month period, the member will be
served written notice via regular {and certified} mail that an $300.00 fine has been imposed.
Upon a fourth notice and subsequent violations within a 12-month period, the member will
be served written notice via regular (and certified) mail that a $600.00 fine has been
imposed.
6. After four written notices have sent, and the violation(s) have been ignored, the
Association may turn the issue over to an attorney's office. Specific options used by
attorneys may include obtaining a personal money judgment; placing a lien on the
offender's property, foreclosure, and referral to a collection agency.
7. Any homeowner who commences work of any nature that alters the exterior of their unit or the
common area adjacent to their unit, without using the ACC submission process, applying for and
receiving prior approval from the Architectural Control Committee (ACC) and the Board of Directors,
will be automatically fined $150.00 first offense, $300.00 second offense,
$600.00 for third and subsequent offenses.
8, The Association may elect to enforce any provision of by self-help including, but not limited
to the towing of vehicles that are in violation, by suit at law or in equity to enjoin any
violation or to recover monetary damages or both without the necessity of compliance
with the notice and hearing procedure set forth above. In any such action, to the maximum
extent permissible, the owner or occupant responsible for the violation of which abatement
is sought shall pay all costs, including reasonable attorney's fees actually incurred.
This is to certify that the foregoing resolution was adopted by the Pawleys Place Homeowners
Association Board of Directors by unanimous consent, on Septemner 12, 2023, and becomes effective
as of 25 October 2023 until such date as it may be modified, rescinded or revoked.
Dean Richey, President 25 October 2023
Pawleys Place HOA Date