9 June 2011 @ 7:10pm
Location was at the park behind West Clinton Elementary School.
We had 8 homeowners sign in. There were a few who showed up later. But there were not enough homeowners present. So the meeting was pushed back 24 hours. The Annual HOA Meeting will now be the 10th of June 2011, at 7pm, at the same location (the park behind West Clinton Elementary School). Tomorrow we need to vote in a Board of Directors. So please come and place your name into the voting or show up to support your neighborhood by voting for a Board of Directors. Also you can get more information on the blog, (lexingtonhoaboard.blogspot.com).
Thanks for your support
Board of Directors
Thursday, June 9, 2011
Saturday, April 30, 2011
HOA BOARD MEETING
28 Apr. 2011 @ 8:30pm
(lexingtonhoaboard.blogspot.com)
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Gene Cosper, Jeremy Fong
Review Minutes & Assignments: 24 Mar. 2011 HOA Board Meeting (All board members agreed)
Management:
- Reviewed Lexington Estates HOA finances.
-- Lexington Estates HOA
Balance Sheet
Transaction 02/28/2011
Assets
Operating Accounts
LEXE SS - CHECKING 12,430.27
Total Operating Accounts 12,430.27
Accounts Receivable
A/R 15,374.74
Total Accounts Receivable 15,374.74
Total Assets 27,805.01
Liabilities & Equity
Liability
Prepaid Assessments 29.46
Total Liability 29.46
Equity
Open Balance Equity 22,596.84
Reserve (13,073.07)
Net Income 18,251.78
Total Equity 27,775.55
Total Liabilities & Equity 27,805.01
Financial Audit bids.
- Carver Florek and James CPA/LLC $2000.00 - $3000.00.
- Adams and Petersen CPA $2000.00 - $3000.00. But is willing to work with us.
- Chilshon Bierwolf Nilson and Morrill CPA $2000.00 - $3000.00.
- Vote placed before all board members. All board members voted for Adams and Petersen CPA.
-- Mike Scales will contact them to get started.
- Board members & our Management Co. are working on 2012 Budget to be presented at our Annual meeting
SB 117: Community Association Act.
- modifies a provision prohibiting a homeowner association's governing documents from requiring an amendment to be approved by more than 67% of the voting interests; and requires previously adopted governing documents to be amended to be consistent with that provision.
- I called our attorney Paul H. Olds about SB 117 and he looked into it. This bill does not really affect our HOA. This bill set a 2/3 vote to amend our bylaws and how we govern our HOA. We still require 100% of the home owners to vote to get read of the HOA. Because the HOA is recorded against each homeowners deed (title). It is part of the property. Each homeowner has a vested interest in the HOA and they may have bought their home knowing and wanting an HOA.
- I also called Clinton City Planner Lynn Vinzant. He looked into SB 117 and thought that it will not affect our HOA. He thought it would still require a 100% approval, but told me to get with our attorney to get a better answer. He also said we would also need to go before the city to petition the disbandment of our HOA. Because that is how our community was plotted and setup in the beginning.
- FCS Community Management (Thomas H. Barra CMCA) spoke to one of the attorneys form Vial Fotheringham about the all the new laws that are coming up for the associations, they are one of the best HOA attorney firms in Utah, about disbanding our HOA and they told him that would still required the approval of 100% of all the owners. He also said that the reason why it’s because some homeowners probably bought in there just for the fact that it was an HOA and I understand that your HOA does not have amenities but there are other HOA that have them and that is the reason why the law was written like that, he also said that there are some cities that require the HOA to get their approval for that, Clinton might be one of them.
Annual Meeting:
-Clearfield library is unavailable, because they have a summer reading program every Thursday all summer long. Fridays are bad also because we have to be out of there by 5:30pm
- The Clinton city meeting room is available. Cost is $60.00 an hour, and there is a 2 hour minimum. Plus a $250.00 deposit (refundable).
- West Clinton Park (2650 W 2000 N) is available. Cost is $30.00.
- West Clinton Elementary School might be open, I still need to check. Cost is $50.00.
- All board member agree to have it at West Clinton Park (2650 W 2000 N) on the 9 June 2011 @ 7pm.
Landscape:
-Edward Takacs, Mike Scales, Gene Cosper meet with our landscaper and told him what we wanted done with our landscape easement.
- Gene Cosper, Jeremy Fong will be checking on the sprinklers to make sure they all are working.
- Gene Cosper, Jeremy Fong will be working with our landscaper.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 10:00 pm
(lexingtonhoaboard.blogspot.com)
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Gene Cosper, Jeremy Fong
Review Minutes & Assignments: 24 Mar. 2011 HOA Board Meeting (All board members agreed)
Management:
- Reviewed Lexington Estates HOA finances.
-- Lexington Estates HOA
Balance Sheet
Transaction 02/28/2011
Assets
Operating Accounts
LEXE SS - CHECKING 12,430.27
Total Operating Accounts 12,430.27
Accounts Receivable
A/R 15,374.74
Total Accounts Receivable 15,374.74
Total Assets 27,805.01
Liabilities & Equity
Liability
Prepaid Assessments 29.46
Total Liability 29.46
Equity
Open Balance Equity 22,596.84
Reserve (13,073.07)
Net Income 18,251.78
Total Equity 27,775.55
Total Liabilities & Equity 27,805.01
Financial Audit bids.
- Carver Florek and James CPA/LLC $2000.00 - $3000.00.
- Adams and Petersen CPA $2000.00 - $3000.00. But is willing to work with us.
- Chilshon Bierwolf Nilson and Morrill CPA $2000.00 - $3000.00.
- Vote placed before all board members. All board members voted for Adams and Petersen CPA.
-- Mike Scales will contact them to get started.
- Board members & our Management Co. are working on 2012 Budget to be presented at our Annual meeting
SB 117: Community Association Act.
- modifies a provision prohibiting a homeowner association's governing documents from requiring an amendment to be approved by more than 67% of the voting interests; and requires previously adopted governing documents to be amended to be consistent with that provision.
- I called our attorney Paul H. Olds about SB 117 and he looked into it. This bill does not really affect our HOA. This bill set a 2/3 vote to amend our bylaws and how we govern our HOA. We still require 100% of the home owners to vote to get read of the HOA. Because the HOA is recorded against each homeowners deed (title). It is part of the property. Each homeowner has a vested interest in the HOA and they may have bought their home knowing and wanting an HOA.
- I also called Clinton City Planner Lynn Vinzant. He looked into SB 117 and thought that it will not affect our HOA. He thought it would still require a 100% approval, but told me to get with our attorney to get a better answer. He also said we would also need to go before the city to petition the disbandment of our HOA. Because that is how our community was plotted and setup in the beginning.
- FCS Community Management (Thomas H. Barra CMCA) spoke to one of the attorneys form Vial Fotheringham about the all the new laws that are coming up for the associations, they are one of the best HOA attorney firms in Utah, about disbanding our HOA and they told him that would still required the approval of 100% of all the owners. He also said that the reason why it’s because some homeowners probably bought in there just for the fact that it was an HOA and I understand that your HOA does not have amenities but there are other HOA that have them and that is the reason why the law was written like that, he also said that there are some cities that require the HOA to get their approval for that, Clinton might be one of them.
Annual Meeting:
-Clearfield library is unavailable, because they have a summer reading program every Thursday all summer long. Fridays are bad also because we have to be out of there by 5:30pm
- The Clinton city meeting room is available. Cost is $60.00 an hour, and there is a 2 hour minimum. Plus a $250.00 deposit (refundable).
- West Clinton Park (2650 W 2000 N) is available. Cost is $30.00.
- West Clinton Elementary School might be open, I still need to check. Cost is $50.00.
- All board member agree to have it at West Clinton Park (2650 W 2000 N) on the 9 June 2011 @ 7pm.
Landscape:
-Edward Takacs, Mike Scales, Gene Cosper meet with our landscaper and told him what we wanted done with our landscape easement.
- Gene Cosper, Jeremy Fong will be checking on the sprinklers to make sure they all are working.
- Gene Cosper, Jeremy Fong will be working with our landscaper.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 10:00 pm
Saturday, March 26, 2011
HOA BOARD MEETING
24 Mar. 2011 @ 7:00pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Gene Cosper, Jeremy Fong (Excused)
Review Minutes & Assignments: 3 Nov. 2010 HOA Board Meeting
Management:
- Reviewed Lexington Estates HOA Balance Sheet.
Lexington Estates HOA
Balance Sheet
Transaction 01/31/2011
Assets
Operating Accounts
LEXE SS - CHECKING 12,534.56
Total Operating Accounts 12,534.56
Accounts Receivable
A/R 15,712.59
Total Accounts Receivable 15,712.59
Total Assets 28,247.15
Liabilities & Equity
Liability
Prepaid Assessments 21.90
Total Liability 21.90
Equity
Open Balance Equity 22,596.84
Reserve (13,073.07)
Net Income 18,701.48
Total Equity 28,225.25
Total Liabilities & Equity 28,247.15
- Taxes will be filled as directed by the IRS: 31 May 2011
- Financial Audit is required annually. Mike Scales is looking into 3 bids.
- Will get with management co. about budget for next year, to be presented at our annual HOA meeting on 9 June 2011 at 7pm. Location to be determined.
-- Fliers will go out to all homeowners.
-- Edward Takacs will look to reserve a room at the Clearfield Library.
- Sometime in April 2011 the HOA Board will go though the HOA neighborhood and perform a landscape maintenance/appearance survey.
-- All write up will be filled with our management co. to process.
Landscape:
- HOA Board will meet with our landscaper to determine our needs and wants regarding our landscape easement.
- Mike Scales will look into 3 bids for replacement of trees and or bushes.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:10 pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Gene Cosper, Jeremy Fong (Excused)
Review Minutes & Assignments: 3 Nov. 2010 HOA Board Meeting
Management:
- Reviewed Lexington Estates HOA Balance Sheet.
Lexington Estates HOA
Balance Sheet
Transaction 01/31/2011
Assets
Operating Accounts
LEXE SS - CHECKING 12,534.56
Total Operating Accounts 12,534.56
Accounts Receivable
A/R 15,712.59
Total Accounts Receivable 15,712.59
Total Assets 28,247.15
Liabilities & Equity
Liability
Prepaid Assessments 21.90
Total Liability 21.90
Equity
Open Balance Equity 22,596.84
Reserve (13,073.07)
Net Income 18,701.48
Total Equity 28,225.25
Total Liabilities & Equity 28,247.15
- Taxes will be filled as directed by the IRS: 31 May 2011
- Financial Audit is required annually. Mike Scales is looking into 3 bids.
- Will get with management co. about budget for next year, to be presented at our annual HOA meeting on 9 June 2011 at 7pm. Location to be determined.
-- Fliers will go out to all homeowners.
-- Edward Takacs will look to reserve a room at the Clearfield Library.
- Sometime in April 2011 the HOA Board will go though the HOA neighborhood and perform a landscape maintenance/appearance survey.
-- All write up will be filled with our management co. to process.
Landscape:
- HOA Board will meet with our landscaper to determine our needs and wants regarding our landscape easement.
- Mike Scales will look into 3 bids for replacement of trees and or bushes.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:10 pm
Tuesday, December 28, 2010
Items of Interst
Everyone should have received a letter from our Community Management (FCS Community Management), concerning 2011 HOA Assessments. The letter portion is correct. Our HOA fee will be $108.00 for the year. There are two Options to pay:
Option 1
Pay $108.00 by January 10, 2011
Option 2
This option is $27.00 +$3.00 processing fee = $30.00
For this option payment must be in by:
1st $30.00 Payment January 10th
2nd $30.00 Payment April 10th
3rd $30.00 Payment July 10th
4th $30.00 Payment October 10th
You can make a payment online at www.hoaliving.com or send your check to:
Lexington Estates HOA
2274 S. 1300 East, #G15-324
Salt Lake City, UT 84106-2814
If you have any question Please contact Thomas Barra @ 801-256-0465.
The Statement portion of the letter has the incorrect amount due. A new statement will be sent out.
Also our Clearfield Mail Box has been closed. Any mail being sent there will be forward to FCS Community Management. If anyone wishes to mail a letter out, please send all nonpayment correspondence or any inquires to:
Thomas Barra, Community Manager
Lexington Estates HOA
c/o FCS Community Management
PO Box 5555
Draper, UT 84020
or anyone can e-mail him at: thomasb@hoaliving.com
Thank you
Lexington Estates HOA Board
Option 1
Pay $108.00 by January 10, 2011
Option 2
This option is $27.00 +$3.00 processing fee = $30.00
For this option payment must be in by:
1st $30.00 Payment January 10th
2nd $30.00 Payment April 10th
3rd $30.00 Payment July 10th
4th $30.00 Payment October 10th
You can make a payment online at www.hoaliving.com or send your check to:
Lexington Estates HOA
2274 S. 1300 East, #G15-324
Salt Lake City, UT 84106-2814
If you have any question Please contact Thomas Barra @ 801-256-0465.
The Statement portion of the letter has the incorrect amount due. A new statement will be sent out.
Also our Clearfield Mail Box has been closed. Any mail being sent there will be forward to FCS Community Management. If anyone wishes to mail a letter out, please send all nonpayment correspondence or any inquires to:
Thomas Barra, Community Manager
Lexington Estates HOA
c/o FCS Community Management
PO Box 5555
Draper, UT 84020
or anyone can e-mail him at: thomasb@hoaliving.com
Thank you
Lexington Estates HOA Board
Saturday, November 6, 2010
HOA BOARD MEETING
3 Nov. 2010 @ 7:00pm
Those in Attendance:
Board Members: Edward Takacs, Jeremy Fong, Gene Cosper
Mike Scales (Excused)
Review Minutes & Assignments: 2 Aug. 2010 HOA Board Meeting & 6 Oct. 2010 Special Meeting minutes. Approved by board.
Management:
-Received proposed Collection Policy & Fine Schedule from our management co.
-- Reviewed with board members and discussed the paperwork.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
COLLECTION POLICY
NOVEMBER 3, 2010
WHEREAS, “Declaration” is the “Declaration of Lexington Estates”; and “The Association” is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees for Lexington Estates Homeowners Association; and
WHEREAS, the Board of Trustees for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII Section 1 of the Declaration states that membership in the Association is appurtenant to and runs with each Lot. All Common Expenses shall be shared and allocated equally among the Lots and Owners.
WHEREAS, Article VII Section 3 of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII Section 4 of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
1. At the beginning of each calendar year; all installments of any General Assessment whether paying yearly or quarterly plus any processing fee which shall not have been received by the Board on or before the tenth (10th) day of January shall be assessed a late charge of five percent (5%) of the amount of the unpaid installment.
2. For owners paying quarterly the installments of any General Assessment plus any processing fee shall be due on or before the tenth (10th) day of each quarter in which it is due, otherwise a late charge of five percent (5%) of the amount of the unpaid installment will be charged.
3. Interest, at a rate of eighteen percent (18%) per annum, will be charged to any owner for any delinquent amount past due (including any past due accrued interest) on the last day of each calendar month beginning the first month end that the account is delinquent pursuant to Section 1 above.
4. Accounts past due for 60 days from the original due date may be sent to the Association’s agent or a separate collection agency, and a reasonable collection fee (not to exceed $100) shall be charged to the delinquent account in addition to applicable interest charges.
5. If any account is past due for 90 days from the original due date, a lien may be placed on the Lot and reasonable attorney’s fees (minimum of $250, not to exceed $500) shall be charged to the delinquent account. The owner shall be given notice of the lien in accordance with Utah Code Ann. §38-12-102.
6. If any account is past due for 120 days from the original due date, the Board or its agent may turn over collection to a Collection Agency or Attorney for further collections.
7. Once an owner has been turned over to a Collection Agency or Attorney for collections, the owner shall work directly with Collection Agency or Attorney to resolve the collection and shall not contact the Board or its agent.
8. Any and all expenses incurred by the Association in collecting a delinquent account, including reasonable attorney’s fees and costs, shall be paid by the owner.
9. Partial payments will be applied to oldest outstanding principal balance and then interest and fees.
10. The Board may allow owners to enter into a payment contract to avoid additional collection costs. Payment contracts will require accounts be paid off within 6 months. Interest will continue to accrue on the outstanding balance until account is brought current. If at any time the payment contract is violated, the collection process will resume.
If a check is not honored by the bank, the Owner will be charged an NSF fee.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
FINE SCHEDULE
#2010-2
NOVEMBER 3, 2010
WHEREAS, Declaration is the Declaration for Lexington Estates; and Association is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees of Lexington Estates Homeowners Association; and
WHEREAS, the Board of Directors for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
FINE SCHEDULE: Each and every violation is hereby made specifically subject to and punishable by the specific fines provided for in this section. Unless otherwise specifically noted, the fines and penalties are in the specific amounts as follows:
First Violation: The Association shall give a written warning to the owner that shall inform the owner that a fine will be imposed if a second similar violation occurs or if a continuing violation is not cured within 48 hours.
Second Violation: Upon the second violation of the same type after a warning in any one-year time period, or a continuing uncorrected violation after the initial 48 hour warning period, a fine of $25.00 shall be imposed on the owner.
Third Violation: Upon the third violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the second violation fine, a fine of $50.00 shall be imposed on the owner.
Fourth Violation and Subsequent Violation(s): Upon the fourth violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the third violation fine, a fine of $100.00 shall be imposed on the owner.
Cumulative fines for a continuing violation will not exceed $500 per month.
APPEAL PROCESS: An owner who is assessed a fine may request an informal hearing to protest or dispute the fine within thirty (30) days from the date the fine is assessed. The hearing shall be conducted in accordance with the standards below:
1. If a hearing is requested, no interest or late fees shall accrue related to the fine until after the hearing has been conducted and a final decision has been rendered by the Board.
2. All requests for hearing shall be in writing and shall be mailed or delivered to the Managing Agent.
3. The hearing must occur within fourteen (14) days after the owner delivers a written request for hearing to the Managing Agent.
Any hearing as a result of such a request shall be governed by the following rules:
1. The owner must appear at the time and place designated by the Board for the hearing.
2. At the hearing, the owner contesting the fine shall be entitled to fifteen (15) minutes to present evidence to challenge the alleged occurrence of the violation of the rule or such other evidence and information as the owner believes is pertinent or appropriate to the consideration of the Board.
3. The Board may establish and announce at the hearing any other reasonable rules regarding the hearing.
4. Within ten (10) days of the hearing, the Board shall issue and mail to the owner a written decision regarding the dispute.
5. The Board’s response shall be final.
6. The Board may rely on any reasonable information and evidence in determining whether or not a violation has occurred, both initially and after a hearing.
7. Fines not paid by the monthly assessment due date following their issuance shall accrue interest and late fees the same as any other late assessment amount, and may be collected as an unpaid assessment as set forth in the Declaration.
-- Ed Takacs has been in contact with Mike Scales, and he has reviewed these documents and he votes yes to put them into effect.
-- Put the proposed Collection Policy and Fine Schedule to a vote by Board Members.
--- Edward Takacs, Jeremy Fong, Gene Cosper voted yes.
Landscape:
- Water has been turned off.
- Jeremy Fong will see to draining the lines.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:00 pm
Those in Attendance:
Board Members: Edward Takacs, Jeremy Fong, Gene Cosper
Mike Scales (Excused)
Review Minutes & Assignments: 2 Aug. 2010 HOA Board Meeting & 6 Oct. 2010 Special Meeting minutes. Approved by board.
Management:
-Received proposed Collection Policy & Fine Schedule from our management co.
-- Reviewed with board members and discussed the paperwork.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
COLLECTION POLICY
NOVEMBER 3, 2010
WHEREAS, “Declaration” is the “Declaration of Lexington Estates”; and “The Association” is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees for Lexington Estates Homeowners Association; and
WHEREAS, the Board of Trustees for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII Section 1 of the Declaration states that membership in the Association is appurtenant to and runs with each Lot. All Common Expenses shall be shared and allocated equally among the Lots and Owners.
WHEREAS, Article VII Section 3 of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII Section 4 of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
1. At the beginning of each calendar year; all installments of any General Assessment whether paying yearly or quarterly plus any processing fee which shall not have been received by the Board on or before the tenth (10th) day of January shall be assessed a late charge of five percent (5%) of the amount of the unpaid installment.
2. For owners paying quarterly the installments of any General Assessment plus any processing fee shall be due on or before the tenth (10th) day of each quarter in which it is due, otherwise a late charge of five percent (5%) of the amount of the unpaid installment will be charged.
3. Interest, at a rate of eighteen percent (18%) per annum, will be charged to any owner for any delinquent amount past due (including any past due accrued interest) on the last day of each calendar month beginning the first month end that the account is delinquent pursuant to Section 1 above.
4. Accounts past due for 60 days from the original due date may be sent to the Association’s agent or a separate collection agency, and a reasonable collection fee (not to exceed $100) shall be charged to the delinquent account in addition to applicable interest charges.
5. If any account is past due for 90 days from the original due date, a lien may be placed on the Lot and reasonable attorney’s fees (minimum of $250, not to exceed $500) shall be charged to the delinquent account. The owner shall be given notice of the lien in accordance with Utah Code Ann. §38-12-102.
6. If any account is past due for 120 days from the original due date, the Board or its agent may turn over collection to a Collection Agency or Attorney for further collections.
7. Once an owner has been turned over to a Collection Agency or Attorney for collections, the owner shall work directly with Collection Agency or Attorney to resolve the collection and shall not contact the Board or its agent.
8. Any and all expenses incurred by the Association in collecting a delinquent account, including reasonable attorney’s fees and costs, shall be paid by the owner.
9. Partial payments will be applied to oldest outstanding principal balance and then interest and fees.
10. The Board may allow owners to enter into a payment contract to avoid additional collection costs. Payment contracts will require accounts be paid off within 6 months. Interest will continue to accrue on the outstanding balance until account is brought current. If at any time the payment contract is violated, the collection process will resume.
If a check is not honored by the bank, the Owner will be charged an NSF fee.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
FINE SCHEDULE
#2010-2
NOVEMBER 3, 2010
WHEREAS, Declaration is the Declaration for Lexington Estates; and Association is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees of Lexington Estates Homeowners Association; and
WHEREAS, the Board of Directors for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
FINE SCHEDULE: Each and every violation is hereby made specifically subject to and punishable by the specific fines provided for in this section. Unless otherwise specifically noted, the fines and penalties are in the specific amounts as follows:
First Violation: The Association shall give a written warning to the owner that shall inform the owner that a fine will be imposed if a second similar violation occurs or if a continuing violation is not cured within 48 hours.
Second Violation: Upon the second violation of the same type after a warning in any one-year time period, or a continuing uncorrected violation after the initial 48 hour warning period, a fine of $25.00 shall be imposed on the owner.
Third Violation: Upon the third violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the second violation fine, a fine of $50.00 shall be imposed on the owner.
Fourth Violation and Subsequent Violation(s): Upon the fourth violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the third violation fine, a fine of $100.00 shall be imposed on the owner.
Cumulative fines for a continuing violation will not exceed $500 per month.
APPEAL PROCESS: An owner who is assessed a fine may request an informal hearing to protest or dispute the fine within thirty (30) days from the date the fine is assessed. The hearing shall be conducted in accordance with the standards below:
1. If a hearing is requested, no interest or late fees shall accrue related to the fine until after the hearing has been conducted and a final decision has been rendered by the Board.
2. All requests for hearing shall be in writing and shall be mailed or delivered to the Managing Agent.
3. The hearing must occur within fourteen (14) days after the owner delivers a written request for hearing to the Managing Agent.
Any hearing as a result of such a request shall be governed by the following rules:
1. The owner must appear at the time and place designated by the Board for the hearing.
2. At the hearing, the owner contesting the fine shall be entitled to fifteen (15) minutes to present evidence to challenge the alleged occurrence of the violation of the rule or such other evidence and information as the owner believes is pertinent or appropriate to the consideration of the Board.
3. The Board may establish and announce at the hearing any other reasonable rules regarding the hearing.
4. Within ten (10) days of the hearing, the Board shall issue and mail to the owner a written decision regarding the dispute.
5. The Board’s response shall be final.
6. The Board may rely on any reasonable information and evidence in determining whether or not a violation has occurred, both initially and after a hearing.
7. Fines not paid by the monthly assessment due date following their issuance shall accrue interest and late fees the same as any other late assessment amount, and may be collected as an unpaid assessment as set forth in the Declaration.
-- Ed Takacs has been in contact with Mike Scales, and he has reviewed these documents and he votes yes to put them into effect.
-- Put the proposed Collection Policy and Fine Schedule to a vote by Board Members.
--- Edward Takacs, Jeremy Fong, Gene Cosper voted yes.
Landscape:
- Water has been turned off.
- Jeremy Fong will see to draining the lines.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:00 pm
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