CONTRACTORS FINE SCHEDULE

Pursuant to Article Seven, paragraph 7.02, of the Amended Bylaws of the Fieldcreek Estates Homeowners' Association, the Executive Board has adopted the following Fine Schedule for violations by Contractors and their subcontractors of the provisions of the Contractor Rules and Regulations adopted by the Architectural Committee. This Fine Schedule shall become effective September 20, 2002, at which time it will supercede the existing Fine Schedule adopted in October 1999.

1.   For the first violation of any provision of the Contractor Rules and Regulations, the Contractor will be assessed an initial fine of $100.  The Contractor will have five working days to correct the violation and pay the fine. If the violation is not corrected within the time permitted, or in any greater amount of time as the Architectural Committee, in its sole discretion, shall grant, an additional fine in amount not to exceed $500 may be assessed. Additional fines may be assessed for each five day period that the violation is not corrected.

 If the violation is corrected, but the fine remains unpaid, the Association may add late fees of $25 per day until all fines and late fees are paid.

The Contractor may appeal the fine and/or violation initially to the Architectural Committee, and subsequently to the Board in Executive Session. However, imposition of late fees will continue until the fine plus all associated late fees are paid. Should the fine be excused, either by the Architectural Committee or the Board, the amount of the fines and late fees will be returned to the Contractor.

Notices of violation and all other correspondence sent to the Contractor will also be sent to the Owner of the Project Lot.

2.   Additional violations by the Contractor of the original or any other provision of the Contractor Rules and Regulations will be assessed an initial fine up to $500. In all cases, the violation must be cured in five working days, or additional fines will be assessed. Continued violations of the Contractor Rules and Regulations by the same Contractor may result in fines up to and in excess of $1000 per violation.

3.   A Contractor who develops a history with the Association of continued violation of the Contractor Rules and Regulations may be required to post a bond assuring compliance with the Rules and Regulations, and guaranteeing payment of fines. Failure to provide a bond so demanded by the Architectural Committee will be cause for the Committee to refuse to approve the project.

4.   Upon completion of the Improvement, any fines remaining unpaid by the Contractor may be assessed against the construction deposit provided by the Owner. Alternatively, the Board may impose a special assessment against such Owner in the manner provided in Paragraph 5.1.2 of the Declaration to collect any amounts owed the Association by the Contractor which remain unpaid. Each assessment together with any late charge, interest, collection costs, and reasonable attorney's fees, shall be the personal obligation of the Owner of the Project Lot. Suit to recover a money judgment for such personal obligation may be maintained by the Association without foreclosure. There shall be no waiver of the lien securing the same. In addition, the Association has a lien on a Project Lot for any assessment levied against the Owner of the Project Lot or fines imposed against the Owner of the Project Lot from the time the assessment or fine becomes due.

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