Pursuant to Article X, Section 2 of the Restatement and Consolidation of Servitudes, Easements and Restrictive Covenants and Amendments (hereinafter “Restatement”), Estates of Northpark Homeowners Association, Inc. (hereinafter “Association”) is authorized to levy and collect sanctions against the Owners of Lots in the Subdivision for noncompliance of the servitudes, privileges or restrictions or the Regulations, including, but not limited to reasonable fines, penalties, and/or assessments of any costs which the Board of Directors of the Association in its discretion deems necessary and proper.
If a violation of any provision of the Restatement is the first violation of a particular provision by the Owner within a twelve (12) month period, should the Board of Directors choose to impose any such sanction, it shall provide written notice (“Original Notice”) to the effected Owner with the notice of the alleged violation, and shall provide the Owner not less than ten (10) days (“Original Deadline”) in which to come into compliance and cure the violation. If the Owner does not cure the violation by the Original Deadline, the Board of Directors shall provide written notice by certified mail (“Second Notice”), and shall provide the Owner not less than five (5) days (“Second Deadline”) in which to come into compliance with and cure the violation. If the Owner does not cure the violation by the Second Deadline, a monetary charge may be imposed pursuant to subpart (A) herein. If an Owner violates any provision of this Restatement or Regulations of the Association more than once within a twelve (12) month period, the Board of Directors shall provide written notice to the effected Owner with the notice of the alleged violation within a reasonable time of becoming aware of the violation, however, a monetary charge shall be imposed, pursuant to subpart (A) herein, immediately upon the violation.
Monetary Charge Schedule
i. Movable Violation-Article IX, Section E:
(a) A twenty-five dollar ($25) per day charge shall be imposed for any violation of restrictions upon movable property, including, but not limited to, storing, maintaining and/or parking boats, trailers, RVs, machinery, etc. of any Lot. Any such movable property may be stored in the garage or behind a fence so long as it does not protrude above the fence or can be seen through the fence.
(b)Once the violation is cured, the Owner shall notify the Association or its designated representative that the Owner cured the violation. The monetary charge shall cease upon the violation being cured and the Association or its designated representative receiving notice.
ii. Improvements-Architectural Control Committee Article VIII
(a) A two hundred fifty dollar ($250) charge shall be imposed for failing to submit any request or plan to the Architectural Control Committee for written approval, prior to commencement of improvement, as required by this Restatement. If a project commences prior to submitting plans and receiving written approval from the Architectural Control Committee, a fine in the amount stated above will be assessed to the Owner of the property.
iii. Garbage Can Violation-Article IX Section F
(a) A fifty dollar ($50) charge shall be imposed for violating Article IX, Section G herein for trash receptacles that are stored in public view. Trash receptacles must be stored in the garage or behind a privacy fence.
iv. All Other Recurring Violations
(a) A twenty-five dollar ($25) per day charge shall be imposed for all other violations of this Restatement or any Regulations of the Association that is recurring in nature until the violation is cured. The charge shall cease as provided in subpart (a)(i)(b) herein.
v. All Other Non-recurring Violations
(a) A two hundred fifty dollar ($250) charge shall be imposed for all other violations of this Dedication of Servitudes and Restrictive Covenants, or any Regulations of the Association that is not recurring in nature.
For a PDF version of the FINE SCHEDULE
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