Fining Committee
 
CHAIR: RONNIE HERMAN
 
COMMITTEE MEMBERS: GARY SCHULTZ, TOM MURDOCK, MIKE LEVINE, DICK BOREL, & BRUCE NUSSBAUM
 
BOARD LIAISON: CHRIS MURTAUGH
 
Fining Committee Scope & Purpose
 
A. The Association Management/Manager identifies the violation & violator.
B. The Manager/Management will complete violation warning (verbal or email) for first offense, a violation letter for second offense and a violation letter with proposed fine for third and subsequent offenses.   
C. The management informs the board and committee if a violation with proposed fine is issued.
D. The committee is not the responsible party to identify the violation and issue the violation notice.
E. The committee must remain impartial. 
F.  The Manager/Management sends the notice(s) of violation to owner/resident via hand delivery, or email, & US mail, or certified mail.
G. Notice must contain the following:
    1.   Description of the violation,
    2.   Authority in governing documents to cite the issue as a violation,
    3.   A picture (optional),
    4.   The required timeframe to correct the violation, and if this is third violation with proposed fine
    5.   Disclosure of his/her 14-day right to be heard before the fining/grievance committee.
    6.   Alert fining committee of the violation sent and schedule a hearing.
    7.   Complete the violation record.
    8.   Send notice of final decision to owner/resident with payment terms (length of time to pay fine)
    9.   If fine is approved, then include fine amount in the account ledger.
    10. If not paid within payment term timeframe, send non-payment of fine, collection notice to owner.
    11. For non-payment beyond 30 days, send a legal letter of non-payment followed by small claims     
                lawsuit. The prevailing party is awarded  attorney’s fees.
    12. If delinquent more than 90 days and more than $1,000, then suspend voting rights and common  
          element use.