Purpose:   This document provides guidance from the EOA Board of Directors to the Covenant and Architectural Review Committees for enforcing the covenants, handling complaints, and administering fines.

 

Background: The Covenants and Architectural Standards are designed to protect property values and promote harmony within the community. Enforcement of those covenants and standards, if not properly handled, can be a major source of disharmony. Inconsistent and subjective enforcement contributes not only to a general lack of understanding of the covenants but invariably to disagreements on the meaning and enforcement of the covenants and standards. Residents can be dissatisfied if covenant and architectural issues are not dealt with in a consistent, fair, expeditious, and dignified manner. The Board of Directors needs to determine and approve the procedures to ensure that all situations are dealt with fairly and expeditiously to enhance and not disrupt the harmony of the Edgewater Community.

 

Committees: A separate member of the Board of Directors shall chair the Covenant and the Architectural Review Committees. It is recommended that each of the committees have a minimum of three members in addition to the Chairperson. The Chairperson will determine when their respective committee shall meet and the meeting agenda. Members of these committees should be observant of noncompliance with covenant and architectural standards within the community and report violations to the EOA Office manager for action as specified herein. The committees shall also be proactive in preventing widespread violations of the covenants by anticipating seasonal violations and by publishing reminders to all residents of the covenant rules and architectural standards as necessary.

 

Procedure:
(1) Observation or notification of an alleged violation: Residents should report alleged violations to the EOA Office so that each alleged violation can be properly documented. The EOA Office Manager shall notify and provide a copy of the documentation to the appropriate Committee Chair, depending on whether it involves a covenant or architectural issue. When it is unclear as to which committee it should be assigned, the President shall make the assignment after consultation with the Chairpersons. The EOA Office Manager should enter the alleged violation in the Covenants Violations Log and place a copy of the alleged violation documentation in a special folder in the EOA office.

 

(2) Verification of a violation: The committee Chair shall determine which specific covenant/regulation is in question and determine how to handle each report and each request. In those cases where subjectivity prevails, at least one other member of the respective committee shall review the issue and make a recommendation to the Chair for a decision. The Chair shall notify the resident who filed the complaint of the Committee's determination.

 

(3) Notification of a violation: If a violation is determined to exist, then the committee chair or a designee of the Chair shall personally attempt to contact the affected resident to discuss the violation, the cause, and a possible remedy. If after two full days, the resident cannot be contacted or the resident does not respond, the Chair shall notify the resident in writing of the following: (i) the alleged violation, (ii) the action required to correct the violation, and (iii) a time period, of ten (10) days, during which the violation may be corrected without any further action/sanctions or an agreement reached as to appropriate time period to complete the corrective action.

 

(4)Non responsive resident: If no response is received from the cited resident within 10 days, then a second letter will be sent restating the violation. This letter would also include (i) a statement that no response to the second letter within ten (IO) days from the date of the second letter can result in the immediate imposition of a fine and/or self help and (ii) the resident has the right to a hearing before the Board in executive session. The Chair shall immediately notify all Board members of the sending of the second letter. No fine or self help shall be initiated without the prior consent of the EOA Board. If the Chair of the respective committee determines that the violation was not corrected in a timely manner due to extenuating circumstances beyond the homeowner's control, the Chair can modify these procedures as deemed appropriate.

 

Reports: The Committee Chair shall report to the EOA Board at least monthly: 1) the number and nature of violations reported, 2) the disposition of the violations, and 3) the specifics of chronic violations and non- responsive residents.

 

Documentation: A log of all alleged covenants violations will be maintained by the EOA Office Manager. If the investigation of an alleged violation of the EOA Covenants or Architectural Standards reveals that no violation existed, then all documentation of the alleged violation will be removed from the EOA file and destroyed. If a violation was confirmed by the investigation, then all violation reports, investigations, and adjudication will be placed and maintained in the individual homeowner's file at the Edgewater Clubhouse. The record shall include Memoranda for the record, letters, and Email, photographs, etc.

 

These procedures were approved on March 3, 2003 by the Edgewater Board of Directors.