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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
