Fines and Enforcement Procedures

  1. Introduction – This section outlines the procedures for issuing a complaint, assessing fines, and the actions to be taken by the Board when addressing a complaint or violation of the Rules and Regulations.
  2. Reporting Violations – All complaints concerning violations of the Rules and Regulations or of any provision of the Declaration or the By-laws must be in writing. The letter should be sent to the Management Company and must be signed by the homeowner or the resident. The complaint must be specific in details so that the Management Company can determine that an investigation is warranted. Violations may also be reported by the Management Company or Members of the Board.
  3. Investigation – The complaint will be investigated by property management or a member of the Board to determine that the complaint is justified and that a violation exists and must be corrected.
  4. Violation Notice – When an authorized person determines that a violation requires correction, the Association will send a written notice to the homeowner requesting him or her to correct the matter within 10 days to avoid a penalty. The homeowner is responsible to correct the violation and then provide written notice to the Board that the violation has been corrected. The homeowner cited will be advised in the violation notice that he or she has the right to a hearing before the Board. If a hearing is requested, the request must be in writing and received within 10 days of issuance of the Notice.
  5. Fines and Penalties – If the homeowner does not comply within the 10-day period, a fine will be automatically assessed and the Association will mail a letter advising of the amount of the fine. In most instances the fine will be in accordance with the schedule below. The Board has full authority to establish fines in accordance with the seriousness of the violation.  The fine (amount assessed) is due and payable upon receipt of the notice and will be collected in the same manner as assessments. 
  6. Legal Actions – In the event a violation is not corrected, and the fine is not paid, the Board will take legal action to obtain payment of the fine and/or compliance with the regulation. The following costs will be assessed: the violation, enforcement costs, including any court costs, attorney’s fees, etc. A judgment awarded by the Court that remains unpaid constitutes a lien on the property.

Policy on Violations and Fines

Continuing Violation – If the violation is of a continuing nature such as parking of an unauthorized vehicle or an unauthorized change to the exterior of a Unit, the homeowner will be fined, in an amount determined by the discretion of the Board, from a minimum fine of $20 per day plus costs, up to a maximum of $100.00 per day plus costs, depending on the nature and gravity of the violation. The daily fine will be cumulative until such a time as the violation is corrected. If after 30 days (or sooner depending on the circumstances) the violation is not corrected, the Board of Directors may exercise its authority as defined in the Declaration and will proceed with legal remedies. Such legal action includes but is not limited to the obtaining of a judgment for the unpaid fines and placing a lien against a homeowner’s residence, or equitable relief to enforce compliance. All legal fees, interest, court costs, other fees, and all other monies to which the Association is entitled under the laws of the Commonwealth of Pennsylvania shall be assessed to the homeowner.

Individual Violation – If the violation is for a singular occurrence such as allowing a pet to go unleashed on Association property; failure to remove and dispose of a pet’s excrement (solid waste); or a non-continuous parking violation, fines will be levied according to following schedule.

OFFENSE

SAME VIOLATION

DIFFERENT VIOLATION

1ST

1ST Notice and Warning

1ST Notice and Warning

2nd

$100.00 Fine plus costs

$100.00 Fine plus costs

3rd

$200.00 Fine plus costs

$200.00 Fine plus costs

4th

$300.00 Fine plus costs

$300.00 Fine plus costs

5th

$400.00 Fine plus costs

$400.00 Fine plus costs

6th

$500.00 Fine plus costs

$500.00 Fine plus costs

The maximum fine after six violations of the same offense is $500.00 plus costs.