appeals Committee

The Appeals Committee is made up of three members from the community. The primary function of the committee is to act as a hearing panel for owners that face fines for violations of the Covenants and Restrictions. 

Per the State Statutes: "The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents.

A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner... and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, the proposed fine or suspension may not be imposed. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board."

As noted above, if the Board of Directors voted to impose a fine, the property owner subject to that fine must be notified and given an opportunity to appear before an Appeals Committee, made up of three members of the community having no relationship to any Board member. The Appeals Committee would hear the case set forth by the Board, or its appointed agent, and then the owners response or rebuttal to that case. After hearing both sides, the Appeals Committee votes to either uphold or dismiss the proposed fine imposed by the Board. As this work directly affects your property values and neighbors, it is a critical role in any community.

Volunteers are needed for this and other committees. Please don't hesitate to contact us if you want more information or would like to volunteer to serve.