WelcomeHome
Residents Declarations of Fines &
Penalties General Information
|
Welcome to the Lakes of NicholasThis is the community
page for the Lakes of Nicholas Subdivision in Declarations
of Fines and Penalties (A) Upon notification and subsequent
verification of a violation, the Board or its duly authorized agent will issue
written notice to the Owner of such violation as required by Article XII
within the Declaration of Covenants and Restrictions. Such written notice
will include reference to the specific standard or prohibited activity that
is being violated within the Declaration of Covenants and Restrictions as
well as a copy of this Declaration of Violation Fines. (B) In the event that any Owner fails to cure (or fails to
commence and proceed with diligence to completion) the work necessary to
remedy any violation of the terms of the Declaration of Covenants and
Restrictions, or fails to request a hearing before the Board, within thirty
(30) days after receipt of written notice from the Board or its duly
authorized agent designating the particular violation and such other matters
as required by law, the Board shall have the power and authority to impose
upon that Owner a reasonable fine (the "Violation Fine") of Fifty
and No/100 Dollars ($50.00). If, after the imposition of this initial
Violation Fine, the violation still has not been cured or the Owner has still
not commenced the work necessary to cure such violation, the Board shall have
the power and authority, upon fifteen (15) days written notice, to impose
another Violation Fine in the amount of One Hundred Fifty and No/100 Dollars
($150.00). If, at this point, the violation is still yet to be cured upon an
additional fifteen (15) day period, an additional Violation Fine of Two
Hundred Fifty and No/100 Dollars ($250.00) will be assessed. This assessing
of additional Violation Fines can continue each succeeding fifteen (15) day
period until the violation has been cured. The Violation Fines are defined to
be a legally binding assessment and are enforceable and collectible as
prescribed within the Restrictive Covenants and Restrictions, Article XII
(Enforcement). The Violation Fines shall be due and payable upon receipt. If
unpaid, the fine and together with interest at the highest lawful rate per
annum and any costs of collection, including attorney's fees, can and shall
be a continuing lien upon the Lot against which such Violation Fine is made. (C) Whenever an Owner, upon curing a violation and after
receiving written notice thereof as described in (A) above, receives a
written notice for a second infraction of the same provision of this
Declaration within six (6) months from the date the Owner received the first
written notice, such second written notice shall contain a copy of this
Declaration of Violation Fines along with said violation and action must be
taken to cure within fifteen (15) days after receipt of written notice from
the Board or its duly authorized agent and will be subject to the fines
discussed in (B) above. Also included in this notice will be a statement
announcing that once the infraction is cured and a subsequent occurrence of
the same infraction (that being the third occurrence) occurs within six
months of the first violation, an immediate fine of Two Hundred Fifty and
No/100 Dollars ($250.00) will be assessed without an amount of time to cure the
violation, with additional fines to be assessed each 15 day period if not
cured (see (D) below). (D) If a subsequent and separate violation of the same
covenant by the same Owner is noted, that being the third separate violation
of the same covenant within six (6) months from the date the Owner received
the first written notice, then the Owner will immediately be assessed a
Violation Fine in an amount of Two Hundred Fifty and No/100 Dollars ($250.00)
as provided and authorized by Article XII of the Declaration of Covenants and
Restrictions , without the necessity of providing the Owner an amount of time
to cure the violation. Notice of this Violation Fine will be issued to the
Owner of the property in violation and will be due and payable upon receipt and
if unpaid, will then be subject to the terms and conditions indicated in (B)
above. (E) If a hearing is requested within the allotted thirty
(30) day period as described in section (B) above, the hearing shall be held
before the Board at their next regularly scheduled meeting. All requests for
hearings shall be made in writing to the Board via its duly authorized agent
and such request should provide details as to why the member is contesting
the violation fines being assessed. The Board, via its duly authorized agent
shall notify the violator of the date, time and place of the hearing no later
than the 10th day before the date of the hearing. The alleged violator shall
be afforded a reasonable opportunity to be heard. The minutes of the meeting
shall contain a written statement of the results of the hearing and the
sanction, if any, imposed. (F) For any violation of a standard or prohibited activity within the Declaration of Covenants that is brought to the attention of the Board or its duly authorized agent and is considered to be unique from any previous violations and notices issued to that Owner, then such violation will be treated as being a "non-repeat" event and will be subject to the terms noted in section (A) above and thereafter, if uncured. If you have comments or suggestions for this site please contact the webmaster at lakesofnicholas_webmaster@yahoo.com |
|
|
