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2002
Process for Addressing Covenant Compliance Complaints (for petitions
filed before April 12, 2005)
- If complaint
involves tree-height violations, complainant must first contact neighbor
(letter, email, phone, over the fence) and try to resolve the conflict.
If complaint involves non-tree-height violations, complainant
is encouraged but not required to work out conflict with neighbor.
- If this
fails, complainant completes and submits petition
to the Board.
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The
Board will:
a) Initiate an investigation and conduct a review. The respondent
will be sent the substance of the complaint, the section of the covenant
that he/she is allegedly violating, and a form which allows the alleged
violator to explain why he/she is not in violation or why there are
mitigating circumstances.
b) After receiving a response or thirty days has elapsed, the Board
shall then enter findings after considering all the evidence that
the person is or is not in violation of the Innis Arden Covenants
and send a letter if there is non-compliance to the shareholder giving
its decision and asking for compliance within thirty days.
c) If violation continues after thirty days, then respondent's name,
address and violation will be published in the Bulletin and a letter
will be written to the city of Shoreline if city code is violated.
d) (adopted April 12, 2005) If violation continues for 45 days after
the Board enters its findings and decision, the Board shall assess
fines against the respondent. Fines will be $20.00 per day for the
first thirty (30) days, $30.00 per day for the next sixty (60) days,
and $50.00 per day thereafter. Any fine imposed by the Board shall
be the personal obligation of the person or entity against whom it
is imposed, shall also constitute a dues assessment secured by a lien
to be recorded by the Board against the Lot owned or occupied by that
person or entity, and in addition to other means may be collected
as an assessment of dues or other charges in any manner permitted
under the Club's Bylaws, Mutual Restrictive Easements, or state law.
In any action or proceeding brought by the Club for such collection,
the Club shall be entitled to recover a reasonable sum for attorney's
fees and expenses incurred, in addition to taxable costs permitted
by law. Section 3(d) shall apply to all decisions of the Board entered
subsequent to June 1, 2004 finding a covenant violation. With respect
to decisions entered prior to March 15,2005, the Board shall assess
fines beginning thirty days after respondent receives notice of the
Board's intent to levy fines which shall be sent by first class mail
and certified mail return receipt requested. The Board shall have
the sole discretion to reduce or to suspend fines upon respondent's
furnishing documentation to the Board indicating that compliance with
the Board's decision cannot be accomplished for reasons beyond respondent's
control such as an inability to secure a required permit from the
City of Shoreline or justifiable delay in securing such a permit.
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If
Board does not act: Write letter to complainant explaining why the
Board chose not to act
The
following flowchart can be a guide to the process:
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