ASSOCIATION MEMBERS 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 Members of the provisions of the governing documents of the Association. This Fine Schedule shall become effective September 10, 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 Declaration, the Articles, Bylaws, or Rules and Regulations that does not threaten the health and welfare of the Association, the Association's Property Manager will send a courtesy notification of the alleged violation. A $50 fine will be assessed for each violation or a total amount of $500, whichever is less. This fine will be automatically waived if the Owner responds within fourteen days of the date of the original notification of the violation, certifying that the violation has been remedied.

For a violation that does threaten the health and welfare of the Association, no courtesy notification will be provided and the Association will proceed immediately to fine. The fine amount is not limited as described above, and will be established commensurate with the seriousness of the violation.

If this is the second instance of a violation of the same provision of the governing documents within a twelve month period, the fine amount shall be $100 for each violation or a total amount of $500, whichever is less. Again, the fine will be automatically waived if the Owner responds within fourteen days of the date of the original notification of the violation, certifying that the violation has been remedied.

If this is the third or greater instance of a violation of the same provision of the  governing documents within a twelve month period, the fine amount shall be $100 for each violation or a total amount of $500, whichever is less,  but automatic waiver of the fine is not permitted.

In all cases, the Owner will be advised of his right to submit exculpatory information as to why he/she should not be charged with the violation, and/or may request a chance to be heard by the Board in Executive Session unless the Owner requests in writing that the hearing be in an open meeting. Unless waived, the fine must be paid within the fourteen day period. The Board, in its next Executive Session, will consider any exculpatory information provided, as a statement or in person, and may decide to waive the fine. The Owner will be advised of the Board's decision.

2.   If, after fourteen days, the Owner has not responded and/or the violation has not been remedied, the violation will be deemed a continuing violation and additional fine(s) of a similar amount shall be assessed for each seven day period or portion thereof that the violation remains unremedied. Any additional fine(s) may be imposed without notice and an opportunity to be heard. This process will be repeated on successive seven day intervals until the Owner responds.

3.   To collect any fine assessed in accordance with this Fine Schedule and which remains unpaid for ten (10) days or more, the Board may levy an  assessment against such Owner in the manner provided in Paragraph 5.1.2 of the Declaration. 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.

BACK