General - The violation by any owner, occupant or guest of any covenants, conditions and restrictions of Cobblestone Ridge Subdivision shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, of monetary fines against the involved owner. Such owner shall be deemed responsible for such violations whether they occur as a result of his personal actions or the actions of his family, guests, or tenants.
Procedures - Upon any such violation being alleged by the Board, the following procedures will be followed:
| Notice - Notice of the violation, including the covenants and restrictions violated, shall be sent by first class mail or personally delivered to the owner. |
| Opportunity to Appeal Assessment of Fine - The offending owner shall have an opportunity to appeal the assessment of a fine by appearing before the Board and offer evidence in defense of the alleged violation. The appearance before the Board shall be at its next scheduled meeting but in no event shall the owner be required to appear less then (10) days from the date of the notice. If the owner appears at the scheduled board meeting, the board will hear from all interested parties and make a final determination as to the owner's appeal. |
| Default - Failure to appear at the scheduled board meeting constitutes a default, and the offending owner will have no further right of appeal. |
Amounts - Upon violation of any covenants and restrictions and after default of the offending owner all voting rights shall be suspended and the following fines shall be levied:
| First Violation notice - no fine shall be levied. The owner has 30 days (unless otherwise stated) to comply. |
| Second Violation notice - for failure to comply, or a repeat of prior violation, a fine of seventy-five dollars ($75.00) will be assessed. In addition, the owner has 15 days (unless other wise stated) to comply. |
| Third and final Violation notice - for failure to comply, or a repeat of prior violation, an additional fine of one hundred and fifty dollars ($150.00) will be assessed. In addition, the owner has 15 day (unless other wise stated) to comply. |
The Association, acting through its Board of Directors, may increase or decrease the fine schedule set forth above by Board resolution after giving prior written notice to all owners in the association. The resolution and a proof of notice shall then be recorded in Wayne County Records and the new schedule shall be effective upon recording.
Collection - Fines levied pursuant to Section 3 above shall be assessed against the owner and shall be due and payable within thirty days (30). Failure to pay the fine will subject the owner to the following:
| Interest on the balance due will accrue at the rate of seven (7%) per annum commencing thirty days (30) after each assessment becomes due. |
| If an assessment becomes more than thirty (30) days delinquent, the Association will send a pre-lien letter to the owner by certified mail to the owner's address of record. The owner will be charged $10.00 for the pre-lien letter. |
| If the owner fails to pay the amount set forth in the pre-lien letter within fifteen (15) days of the date of that letter, a lien for the amount of any delinquent assessments, late charges, interest and/or costs of collection, including attorneys' fees, may be recorded against the owner's property. A copy of the lien will be sent to the owner at his/her address of record via certified mail within ten (10) days of recordation. After the expiration of thirty days (30) following recordation of the lien, the lien may be enforced in any manner permitted by law, including judicial or not-judicial foreclosure. |
If the owner pays all amounts required and meets all the covenants and restrictions the Association will reinstate the owners voting rights and stop all legal action.
Copyright © 2003-2010, Cobblestone Ridge Homeowners Association |