MARIE’S VINEYARD HOMEOWNERS ASSOCIATION
ENFORCEMENT POLICY
1. PURPOSE
The Marie’s Vineyard Homeowners Association (Association) has the legal duty to enforce the recorded protective covenants and conditions that govern use of property. The Association’s purpose is to preserve and protect the quality and character of the development, to provide for the maintenance, preservation and control of the common areas, and to promote the health, safety, protection and welfare of the property owned by members of the Association. As such, a uniform enforcement policy is necessary. The Association via a committee (Enforcement Committee) appointed by the Board of Directors (Board) shall apply this enforcement policy equally and consistently.
2. AUTHORITY
The Articles of Incorporation grant the Association enforcement powers. The Bylaws authorize the Board of Directors of the Association to adopt rules and regulations governing the conduct of persons and the operation and use of the lots to assure the peaceful and orderly use and enjoyment of property. The Declaration of Covenants, Conditions and Restrictions (Declaration) grants the Association the power and duty to enforce the covenants and to establish rules, regulations and fines as necessary for that purpose.
3. VIOLATIONS
Potential violations:
Boats & boat trailers
RV’s, other trailers & similar vehicles
Vehicles in disrepair
Pets/animals
View-obstructing vegetation impacting traffic safety
Recreational equipment
Use of property other than residential
Business use
Offensive or unlawful activities—“nuisances”
Maintenance of exterior
Maintenance of landscaping including but not limited to unsightly weeds, lawn height greater than
4 inches, or degradation of the lawn due to disease or poor maintenance. (All lots shall be
reasonably landscaped.)
Change in improvement or landscaping w/o ACC approval
Fence and/or wall violations
Waste, rubbish & trash
Signage
A minimum of two Marie’s Vineyard Home Owners Association members will be selected by the Board to form the Committee which will enact this policy. A private independent company may be contracted with by the HOA to inspect the neighborhood and report to the Board of Directors any violations. The Enforcement Committee shall authorize the enforcement of said policy detailed herein.
4. NOTICE & FINES
Notice Action Days to Comply Administrative Charge or Fine
1st Courtesy Notice 15 n/a
2nd Notice of Inaction 15 $50.00
3rd Final Notice 15 $10/day
Each notice shall describe the violation and inform the homeowner what must be done to resolve the violation. Notices shall inform the homeowner that unpaid fines and uncorrected violations could result in lien and/or potential legal action and payment of legal costs, collection costs, fines and fees. The Association may assess fines in excess of the above schedule if, in the opinion of the Board of Directors, the violation creates a hazard to the safety, welfare or property value of other residents. Violations in excess of 45 days may also be subject to additional fines as determined by a majority vote of the Board.
If the Association has imposed a daily fine, the homeowner has the duty to inform the Association that corrective action has been taken and the violation cured, or the fine could continue. All violations must be corrected in good faith and permanently. The daily fine occurs when a Final Notice is sent. The daily fine starts retroactive to the date of the first Courtesy Notice.
A homeowner may request an extension from the Committee regarding the number of days to abate said violation if normal construction/maintenance practices require longer times to comply. Said request shall be made within 7 calendar days of the Courtesy Notice. The Committee shall have the authority to accept or reject said extension. All requests must be in writing and mailed to the President of the Association at 2020 Craig Rd SE Olympia, WA 98501. If an extension is granted, progress reports from the violator shall be made weekly to the Committee. If unsatisfactory progress is not being made as determined by the Committee, the violation immediately escalates to a Final Notice.
5. REPEAT VIOLATIONS
For a repeat violation of the same nature within two calendar years, there shall be no Courtesy Notice sent. Homeowner shall receive the Notice of Inaction and be charged a fine in that notice.
Each violation is treated separately, For example, if a homeowner has three unrelated violations, they will be treated as three violations and not one and the process is applied to each violation separately, since the homeowner could correct one but not all of the violations.
6. APPEAL PROCESS
The Association’s management documents and RCW 64.38.020 (11) grant to the homeowner the right to appeal any dispute with the Association. Homeowner must put a request to appeal in writing and sent to the address of the Association (2020 Craig Rd SE Olympia, WA 98501). Thereafter, the Association’s Board of Directors will notify the homeowner within 30 days of receipt of the appeal and will set a hearing on the matter not more than 30 days thereafter. At the request of the homeowner, the matter shall first be mediated at homeowner’s expense prior to a hearing on the appeal.
7. FAILURE TO COMPLY
A neighbor who has received a Final Notice and does not resolve the violation within 45 days of the initial Courtesy Notice shall be referred by the Committee to the Board for further action. The Board at the written request of the neighbor may or may not be granted an extension for the amount of time to comply. The Board at its discretion may hire a professional contractor to resolve said failure-to-comply violation. The owner waives all rights such that the contractor is enabled to complete this work, as this is a violation of the covenants. The owner will be responsible to the Association for all costs, but not limited to fines, legal costs, contractor costs, fees, and collection charges. The Association’s Treasurer shall keep financial records involving this violation. Unpaid charges may become a lien on the property.
8. GENERAL
The Association’s Board of Directors shall have the authority to decrease monetary fines or liens or alter the process, with the exception of the appeal process, through a formal vote of the Board.
Copies of all notices and related correspondence will be maintained by the President of the Association.
This amended Enforcement Policy adopted by the Marie’s Vineyard Home Owners’ Association Board of Directors on the 7th day of August, 2017.
Art Arneson--President pro tem
Kim Clidas--Secretary
Michaelle Roy—Treasurer
Mike Clidas--Member at Large
John Mallea--Member at Large
Ryan Hayes—Member at Large