2002 Process for Addressing Covenant Compliance Complaints (for petitions filed before April 12, 2005)

  1. 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.
  2. If this fails, complainant completes and submits petition to the Board.
  3. 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.
  4. 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: