Hunt Club Homeowners Association, Inc.
Avon Lake, Ohio
Handbook of Rules & Information
Effective: April 1, 2009
WELCOME!
Welcome to the Hunt Club of Avon Lake Homeowners Association. We are pleased you have chosen to live here.
This booklet has been developed to serve as an easy-to-understand reference guide for existing owners and to provide information to help new owners become familiar with our Association.
In order for a homeowners association to operate smoothly, it is important for owners to understand the basic concept of how the Association functions. This booklet contains a description of maintenance responsibilities, community information, rules and regulations, and Association policies. You should use it as your informal property manual.
Homeowners should have received a copy of the “Declaration of Covenants, Conditions, Restrictions, and Reservation of Easements” of this Association, and a copy of its “Code of Regulations”, from the seller at the time of unit purchase. If you do not have these legal documents, a copy can be obtained from the management company for a copy charge.
This explanatory booklet does not replace our legal documents. It is simply our intent to present information in an easy-to-read format. We believe knowledgeable and informed owners are the most important part of our Association. Therefore, if there is an inadvertent discrepancy between what is expressed in this booklet and the legal documents, the legal documents will govern.
From time to time we will add, delete, and revise these guidelines to keep this booklet updated with the current information and procedures. If something arises that is not covered in this booklet, please call the management company.
The Board of Trustees
Hunt Club Homeowners Association.
TABLE OF CONTENTS
SECTION
A. General
B. Planting of Items in the Common Elements
C. Motor Vehicles and Parking
D. Traffic
II. ASSOCIATION RESPONSIBILITIES
A. General
B. Insurance
C. Financial Controls and Reporting
A. General
B. Utilities
C. Storm Doors
D. Windows
E. Garage Doors
F. Exterior Lighting
G. Permanent Outdoor Appliances
H. Swimming Pools/Hot Tubs/Spas
I. Fencing
J. Mailboxes and Light Posts
K. Recreational Equipment
L. Outdoor Sheds
IV. LANDSCAPING
A. General
B. Mulch and Flower Beds
C. Lawns
V. DWELLING UNIT/LOT RESTRICTIONS
A. General
B. Pets
C. Seasonal Decorations
D. Bird Feeders
E. Rubbish Removal
F. Architectural Approval Procedures
VIII. MAINTENANCE FEES & LIEN PROCEDURES
X. ENFORCEMENT PROCEDURES FOR
RULE VIOLATIONS
The Hunt Club Homeowners Association is comprised of 201 member Units in the proud City of Avon Lake, Ohio.
As a private homeowners association, we are governed by our own Declaration and Code of Regulations. We elect our Board of Trustees through a vote by the Owners themselves. There are five Board members who each serve without compensation for a term of two consecutive years. There are no term limitations. Board terms are staggered so as to elect two members in one year and three members the following year. This arrangement ensures that there will be some continuity of experience and service among the members from one year to the next.
The Annual Meeting of the Owners for the election of the Board is held in the month of November each year. Following its election, the Board of Trustees is organized by the Board members electing officers among themselves. Regularly scheduled Board meetings are held at regular intervals throughout the year. It is during these meetings that the Board manages the Association’s affairs on behalf of the Owners and makes decisions affecting our subdivision. Owners wishing to attend a Board meeting should check with the Management Company to verify the date, time, and location.
In between the Board meetings and on a daily basis, the Association relies on the Management Company (which is an independent contractor hired by the Association) to carry out the Board’s decisions, account for all Association funds, and handle all communications by and between the Owners, contractors, and service providers. If you have any questions or concerns about the Association’s activities, rules, or services, please direct the matter to the Management Company, in writing.
The Board requests your understanding that Board members are not employees of the Association and freely volunteer their time. They are not responsible for resolving Association matters individually and can only decide on issues brought to their attention by majority vote of the Board. The only exception to this is when you have continuing problems with the Management Company itself. In that case, please send a letter directly to any member of the Board, explaining the problem and what you would like done about it.
View Board of Trustees Management Company Webmaster
Good Neighbor Policy
The Hunt Club Homeowners Association of Avon Lake, Inc. “Declaration of Covenants, Conditions, Restrictions and Reservation of Easements”, along with “Code of Regulations” and this “Handbook of Rules and Information” define the standard of living occupants may expect from our subdivision home environment. These documents are designed to protect the rights of each occupant. However, policy and procedure cannot replace courtesy and the need to communicate with each other. Before filing a written complaint about a neighbor, take the time to have a personal discussion. Neighbors talking with each other can achieve quicker and more satisfactory results in a friendly fashion. Our documents are our foundation. Our community spirit lies within each occupant.
I. COMMON ELEMENTS
1. The Common Elements consist of all property owned by the
Association. The Common Elements include but are not limited to all green space
throughout the subdivision, parking pads, retention ponds, mound areas, and all
non-dedicated (private) streets including Jockey’s Circle,
2. The Common Elements are for the use and enjoyment of all the Hunt Club occupants. Everyone is requested to be considerate of others in their use of these areas.
3. The routine maintenance of all Common Elements is done at the Association’s expense. The Association is also responsible for reasonable snow removal on non-dedicated streets.
4. Damage to the Common Elements caused by an Owner, occupant, or guest of the Owner will be repaired by the Association at the expense of the Owner.
5. Questions regarding service contractors should be directed to the Management Company and not to the individual contractor. This is an administrative procedure to insure that the contractor is performing the work in accordance with the contractual agreement.
6. Littering is prohibited.
7. All animal waste is to be picked up and disposed of
according to the City of Avon Lake law. (
8. Occupants are prohibited from pouring or spilling any oil, solvent, or other flammable material into the storm sewers or on the Common Elements. Such materials may be safely disposed of by taking them to the City of Avon Lake service garage.
9. All personal property, such as recreational equipment, trampolines, bicycles, etc., must be properly stored and/or must be kept inside the Owners’ homes when not in use.
B. PLANTING OF ITEMS IN THE COMMON ELEMENTS
1. The Association is normally responsible for all landscaping of the Common Elements. Landscaping must not only be aesthetically pleasing; but, must be conveniently designed to permit minimal and routine care, while not interfering with normal grass cutting.
2. In the interest of developing the Common Elements at minimal expense to all Owners, the Association may permit the planting by individual Owners within very limited guidelines.
3. The following is the official Association policy. Owners must receive written permission from the Board before proceeding with any landscaping:
e. Each Owner will acknowledge the following: 1) the Owner is responsible for
watering the trees after the initial planting and at such time as may be necessary during the summer months (as there will be no irrigation); 2)The Association will be responsible for all fertilization and trimming programs but is not responsible for the loss or replacement of any trees; 4) the Owner waives and forever deeds to the Association title to and ownership of all trees planted under this program; 5) the Association will provide routine care for all trees in accordance with its normal landscaping plans; and 6) the Association has the right to remove any trees that are diseased or otherwise not healthy without necessarily replacing them.
f. The Association has the right to remove any trees planted in the Common Elements that are not planted according to these specific rules.
C. MOTOR VEHICLES AND PARKING
1. Garages must be used as the primary parking space. Additional vehicles may be parked in front of your garage.
2. Boats, trailers, motor homes, RV’s, campers, travel trailers, or any vehicle with commercial advertising are prohibited from being parked on any street or driveway, except as noted below.
3. For the purpose of loading or unloading in preparation for a trip, a recreational vehicle may be parked on the home’s driveway for a period not to exceed 48 hours.
4. Moving vans may be parked while loading or unloading between the hours of
6:00 a.m. and 9:00 p.m., but must not obstruct traffic.
5. In the interest of public safety, parking of vehicles on any street within the subdivision must comply with the laws found in Section 452 of the codified ordinances of the City of Avon Lake. Enforcement of such regulations is generally the responsibility of the City of Avon Lake Police Department. For any non-dedicated streets (which are considered part of the Common Elements), the Association will be responsible for joint compliance with the City of Avon Lake.
6. Overnight parking by occupants or guests must be in the garage or on the Owner’s driveway. Overnight parking on the streets is prohibited on all streets including non-dedicated streets. All vehicles must be off the streets between 2:00 a.m. and 6:00 a.m.
7. No parking is allowed on any street within the subdivision when snowfall exceeds or is expected to exceed 2” in depth. Streets must be clear of all vehicles to allow either City or Association hired contractors to reasonably clear all snow from the streets.
8. Parking on any lawn area or sidewalk is prohibited.
9. Parking pads located throughout the subdivision are for guest parking only. Occupants may not use these parking pads as additional parking except in emergency situations.
10. Occupants should inform
the Management Company of any inoperable vehicles or vehicles not known to be
owned by any occupant, which have been parked for more than 48 consecutive
hours or are being parked in violation of the parking restrictions described
above. CAUTION: Vehicles that are
found in violation of these parking regulations are subject to immediate towing
without any notice. In addition, depending on the streets involved, vehicles
may be ticketed and or towed by the City of
Signs are posted which explain these rules and where cars may be towed.
11. Occupants should advise the City of Avon Lake if they
must park their vehicles on any
D. TRAFFIC
1. The speed limit on all streets within the subdivision is 25 miles per hour.
2. Stop signs at street intersections must be observed.
3. Reckless operation of a vehicle or driving on the lawn is prohibited.
4. The racing or reckless use of motor scooters, bikes, or vehicles on any street is prohibited.
II. ASSOCIATION RESPONSIBILITIES
A. GENERAL
1. The Association provides for reasonable maintenance of Common Elements and for insurance against damage or use of the Common Elements.
2. The Association contracts with an outside provider for reasonable routine cleaning and repair of Common Elements pavement, parking areas, and mailbox collection areas.
3. A landscaper is employed under contract to perform grass cutting, fertilization, aeration, and seeding of all Common Elements lawns and for those occupants who own “life-style” housing.
4. The Association, in the interest of maintaining uniformity and a high standard of quality, is responsible for the reasonable maintenance, repair, and replacement as needed of all mailbox posts, mail boxes, and post lamps. The cost of such maintenance, repair, and replacement will be charged to the Owner. Replacement of light bulbs is the responsibility of the Owners. All mailbox posts, mail boxes, and post lamps will be uniform and conform to the standards set by the Association.
5. An outside contractor is hired by the Association for reasonable snow removal from all Common Elements, including parking pads, mailbox sidewalks, gazebos, and all non-dedicated streets. Generally, snow removal will occur when the snowfall exceeds approximately 2 inches in depth. The specific timing and frequency of such snow removal is governed by a contract between the Association and the contractor. The contractors also will apply chemicals to reasonably reduce ice when necessary. Please notify the Management Company where plowing or salting may be necessary or to clarify any specific contractual terms.
6. Other exterior items that the Board believes can be most efficiently and cost-effectively maintained by general contract may be provided for by the Board. At this time, the Board contracts for annual mulching of the front flower beds and the side beds where they are visible from the street. Similarly, the Association has the front shrubbery trimmed as necessary in all common areas.
B. INSURANCE
1. The Association will maintain liability insurance to cover personal injury or property damage risks occurring in the Common Elements.
2. All Trustees and the Management Company will be bonded.
C. FINANCIAL CONTROLS AND REPORTING
1. The Trustees and the Management Company have joint legal responsibility for the management, investment, and safekeeping of Association funds.
2. Each month, the Management Company will prepare a complete set of financial statements and a statement of cash flow for the review and approval of the Trustees.
3. The Trustees are responsible for ensuring that the financial statement activity is reasonable. Trustees may have the financial statements audited or reviewed by an independent certified public accountant at the expense of the Association. The financial records are available for inspection by any Member of the Association during normal business hours with reasonable notice to the Management Company.
4. Annually, the Board establishes a budget for the following calendar year including the setting of annual dues and the establishment of reserves (including those required by law). By December 1st, the Board will distribute a letter to each Owner detailing the budget for the upcoming year and the dues required to fund the approved budget.
A. GENERAL
1. The Hunt Club is considered a Planned Unit Development (PUD). In the interest of maintaining a high level of quality and consistent features throughout the sub-division, the Association has developed standards for construction, additions and replacements to existing housing structures
The Hunt Club encourages occupants to help maintain the subdivision’s theme and style.
2. Each Owner is fully responsible for maintaining all interior and exterior areas of his/her Dwelling Unit, including light posts and mail boxes.
3. Rubbish, debris, and other unsightly materials are prohibited.
4. Outside clothes lines, laundry poles, and laundry are prohibited.
5. One American flag per Dwelling Unit may be displayed if attached to a fence or to a wooden portion of the exterior of the Dwelling Unit. Displaying the flag from a post in the ground is prohibited.
6 An owner may conduct a business in their Dwelling Unit
provided that (a) the existence or operation of the business activity is not
apparent or detectable by sight, sound or smell from the exterior of the
7. Out of respect for neighbors, occupants are prohibited from causing or creating unreasonable loud noises, or engaging in any activity which causes any annoyance, discomfort, or disturbances to his or her neighbors.
8. Political signs may only be displayed as permitted by law, which is generally 30 days before an election. After an election, all political signs must be removed. No political signs may be placed in the Common Elements. No other types of signs (other than address signs) should be displayed for more than 30 days except “For Sale” signs as outlined below.
B. UTILITIES
1. Each Owner is responsible for prompt payment of his utility bills, including electricity, gas, telephone, water and sewage, and cable or dish TV. He is also responsible for initiating service when he moves in and canceling service when he leaves.
C. STORM DOORS
1. Owners may choose to install or replace storm doors at any time, as long as the door complies with the restrictions below.
2. All storm doors must have a white frame or such other color frame as is consistent with the color of the house and must contain full-length windows. Full-length screens may be installed in warm weather. Glass must be clear. A divider strip is permitted.
3. Maintenance of all doors is the responsibility of the Owner.
D. WINDOWS
1. Maintenance of windows, including glass, sills, surrounding wood or vinyl, and caulking are the Owner’s responsibility. Upgrades in quality are permitted provided that the appearance is identical to that of the window being replaced.
2. Owners may replace windows without Board approval, provided that the new window is of similar construction and quality as the window being replaced. Any other window type or structure requires Board prior written approval before work is begun.
3. Owners are responsible for the timely maintenance and replacement of all window glass and screens.
E. GARAGE DOORS
1. Maintenance of garage doors, including automatic openers, is the responsibility of the Owner.
2. Replacement garage doors must be made of steel, colored white, and must be in accordance with the prevailing style of the doors already in place throughout the development. Each Owner considering a replacement should request Board prior approval if there is any doubt whether the new door will meet the standard.
F. EXTERIOR LIGHTING
1. Installation of additional exterior lighting requires prior written Board approval, unless the lighting being installed is of the “low-voltage” landscaping type of fixture or “security” lights.
2. Approved additions are the responsibility of the Owner to install and maintain.
3. Although the street lamp posts are the responsibility of the utility company, Owners are encouraged to advise the utility company directly if a street light is not lit. Each street light pole has an identifying number that should be reported to the utility company. It is important for security reasons that street light bulbs be replaced promptly.
4. Outdoor security/floodlights should be equipped with a
motion detector to prevent the constant shining of light on any adjacent
5. Owners are to ensure that all front yard pole lights are operable. Having driveway pole lights lit throughout the subdivision improves safety for those walking on the sidewalks. Failure to maintain driveway pole lights may result in Association sanctions and corrective action.
6. In the event that you need to replace the photo eye electronic switch, the manufacture is
Adjust –a- Post and the part number is #320.
G. PERMANENT OUTDOOR APPLIANCES
1. Nothing may be affixed to the exterior of a Dwelling Unit without prior written approval of the Board. This includes hose reels, awnings, and similar items.
2. No appliance, furniture, or other contrivance may be permanently affixed on an unenclosed patio, deck or concrete pad without prior written Board approval.
3. Permanently installed barbecue grills are permitted.
H. SWIMMIMG POOLS/HOT TUBS/SPAS
1. All pools must be of the “in-ground” type. Safety fencing must enclose all pools.
The placement on the Owner’s
2. Hot tubs/spas must also be approved by the Board. All requests for approvals require a plan for screening the tub from both neighbors and the street. Hot tubs and spas must either be built in-ground, or if above-ground, incorporated into a deck with enclosed sides and privacy fencing.
I. FENCING
1. Standard link fencing or metal fences are prohibited.
2. Fencing is generally limited to the rear of the yard.
3. Perimeter fences are permitted if they are three-rail split wood rail (not to exceed five feet in height) or white PVC picket fencing not to exceed four feet in height.
4. Detailed plans for all fencing must be submitted to the Architectural Committee for its written approval before contracting.
J. MAILBOXES AND LIGHT POSTS
1. All mailboxes and light posts must be uniform and conform to the Association’s standards.
2. When a mailbox or light post requires replacing, the Owner must contact the Board to determine the vendor source for the approved replacement.
K. RECREATIONAL EQUIPMENT
1. Recreational apparatus and structures including swing sets, trampolines, playhouses, bocce ball etc. must be located in the rear of the yard and away form any rear or side setback lines.
2. Swings and playhouses should generally be constructed of wood and stained brown or gray.
3. Any playhouse must have a shingled roof that is the same color as the Dwelling Unit.
4. Swings sets should contain similarly colored apparatus as the set.
5. Trampolines should be disassembled when not in use during the winter.
6. All recreational equipment must be properly maintained at all times.
7. Recreational equipment should be limited to prevent cluttering of the back yard.
8. There are specific use and placement guidelines for basketball goals (including portable goals). These include but are not limited to the following:
a. Commercially available goals are acceptable.
b. The pole must be painted in subdued colors.
c. Basketball goals are permitted in the front lot of dwelling units.
d. No goal may be attached to any Dwelling Unit or garage.
e. Portable goals may only be located in the driveway during current use (except for corner lots) and must be put away after each use.
f. The Board may restrict hours of use.
g. Hoops must be located at least 20 feet from the curb.
L. OUTDOOR SHEDS
1. All storage buildings erected on the Lots must be approved in writing in advance by the Board under existing architectural standards.
2. No structure may be within 10 (ten) feet of a
3. Sheds cannot be more than 120 (one-hundred and twenty) square feet.
4. Sheds must be sided and shingled to match the Dwelling Unit.
A. GENERAL
1. Occupants are encouraged to water their lawns and shrubbery prudently during dry seasons. Early morning is the best time for this, before the sun becomes too hot.
2. Trees and shrubs must not be planted, transplanted, or removed from the Common Elements without Board prior written approval.
3. Maintenance of the Common Element grass and mound areas is the responsibility of the Association.
B. MULCH AND FLOWER BEDS
1. Dead or overgrown shrubs must be replaced with new ones as soon as practicable.
2. Owners are free to place ornamentation, such as a statue, rocks, decorative flags, etc., in the mulch/flower beds as long as ornamentation is not a hazard.
3. Seasonal flowers may be planted in the mulch beds throughout the year.
4. Mulch beds in the front yards must always be covered by dark mulch only. Gravel or stones are prohibited in front or on side yards that are visible from the street.
5. All flower and mulch beds must be weeded regularly.
6. Fences or chicken wire may not be used to frame the beds.
7. Vegetables may only be planted in gardens at the rear of the Dwelling Unit. Just as with flower gardens, no fences or chicken wire may be used.
C. LAWNS
1. Lawns are to be planted within 90 (ninety days) after closing, weather permitting.
2. Lawns should be well kept and mowed frequently so that grass does not exceed 4 inches in height.
3. Lawns should be kept free from weeds and other noxious plants.
4. Owners who fail to maintain their lawns may be cited and fined by the Association. The Association reserves the right to retain a landscaper to repair an Owner’s lawn that becomes unsightly or a public nuisance and assess the Owner for such repair costs including any enforcement costs.
V. DWELLING UNIT & LOT RESTRICTIONS
A. GENERAL
Occupants must not modify the exterior of their
Dwelling Units or grounds with any permanent additions or fixtures without
obtaining prior written approval from the Board (See Sec. V--F below). In most cases, they must also receive written
permission from the City of
1. Installation of any wiring that protrudes through an exterior wall or roof is prohibited without prior written approval from the Board.
2. Dwelling Units must be occupied and used for families and their guests or tenants only.
3. Exterior damage to doors or windows must be repaired promptly at the Owner’s expense.
4. Patios must not be used as storage areas. Appropriate items that may be stored on patios include outdoor furniture, planters, and gas grills. Decorative items should be removed and stored indoors during the winter season.
B. PETS
1. Except as described below, no animals, livestock, fowl, or poultry of any kind may be raised, bred, or kept in any Dwelling Unit or on the Common Elements. Domestic pets not bred or maintained for commercial purposes may be kept in any Dwelling Unit, but are the sole responsibility of the owner.
2. The right of any occupant to maintain a pet in a Dwelling Unit shall be subject to termination if the Board determines that the pet constitutes a persistent nuisance to other occupants.
3. When outdoors, pets should be hand-leashed and under the control of a responsible person. Pets may be tethered out of doors for not longer than two hours at a time. They may not be tethered in such manner that they block the street or sidewalks from the normal flow of traffic
4. Pet owners will be held liable for all damage their pets cause to Common Elements and property not belonging to them. This includes damage to flowers, trees, or shrubs, as well as to structures.
5. Pet owners are
responsible for cleaning up after their pets in accordance with both
Association rules and the
6. Dog owners should show consideration for their neighbors by minimizing dog barking.
7. No exotic pets such as snakes, alligators, Vietnamese pigs, and poisonous spiders are permitted due to possible hazards.
C. SEASONAL DECORATIONS
1. Wreaths, stockings, holiday lights, etc, are allowed on the exterior of Owners’ Dwelling Units and in their Lots. They may be displayed from Thanksgiving Day to January 30th. For other holidays, appropriate decorations may be displayed from three weeks prior to one week following the holiday.
2. Spring, summer,
and fall decorations may be placed in any
3. Sports decorations are permitted.
D. BIRD FEEDERS
1. Seed dispensing
bird feeders, suet feeders, or hummingbird liquid feeders may be hung from any
tree, pole, mulched area or patio within the Owner’s
2. Ground feeding of wildlife
such as birds,
E. RUBBISH REMOVAL
1. Curbside rubbish removal is provided on Monday mornings. The City of Avon Lake contracts with an independent company for rubbish removal. The independent contractor charges for such services. Aluminum cans, tin cans, and plastic bottles may be placed in a single blue trash bag for pickup and separation by the City rubbish contractor.
2. Rubbish containers and recyclables should not be placed curbside earlier than 6:00 p.m. Sunday night. Trash bags should not be placed outside prior to dawn, as there are raccoons and other predators in the area that like to tear open containers and spread the contents. All trash should be at the curb no later than 9:00 a.m.
3. It is each Owner’s responsibility to secure its rubbish and rubbish containers during times of high winds. The Association may assess clean-up charges against any Owner whose rubbish causes a littering problem.
F. ARCHITECTURAL APPROVAL PROCEDURE
1. Before making any
permanent outdoor changes, occupants should review this booklet and the
Declaration carefully. Owners must be
sure that what they are doing conforms to not only Association but also
2. A written request with supporting detail and diagrams for any type of modification, installation, or additions to the outside of the Dwelling Unit must be submitted to the Board for its prior written approval. In most cases, these may be copies of the same forms the Owner submits to the City of Avon Lake. Written approval from both may be required prior to installation of the project.
3. It is the Owner’s responsibility to get a building permit from the City of Avon Lake and to post this permit prominently in a front window for 10 days before proceeding. This gives immediate neighbors time to respond or object if they wish.
4. For approval by the Board, written architectural change requests will be in accordance with the following schedule:
1. One exterior “For Sale” sign is permitted on the front lawn. The Owner is responsible for either removing the sign or effecting proper maintenance around it when the lawn is mowed.
2. An Owner is required to notify the Management Company in writing of any changes in occupancy 30 days or more prior to the change. After your Dwelling Unit is sold, you or your real estate agent must call the Management Company to make arrangements for the information letter due at closing covering the annual dues (and/or maintenance fee).
3. The Management Company will coordinate the closing with the real estate agent, appraiser, bank, and escrow agent. The Management Company will also provide the new Owner with a copy of the Declaration, Code of Regulations and the rules and regulations of the Association.
4. Persons legally designated as sexual predators are prohibited from living in the Hunt Club, as Owners, occupants, or tenants.
1. “For Rent” or “For Lease” signs are prohibited.
2. Homes may not be occupied by more than one family.
3. The Owner must provide the Management Company with the following information prior to the tenant taking occupancy:
4. The Owner is responsible for making the tenant aware of these rules and regulations.
5. The lease document must contain a clause making it subject to the covenants and restrictions of the Declaration, Bylaws, and Rules.
6. The Owner is responsible for tenant violations of the Hunt Club’s Declaration, Bylaws, and Rules. The Owner shall be responsible for any damages or assessments arising from such violations and any recourse the Owner has will be solely against the violator.
VIII. MAINTENANCE FEES, LIEN PROCEDURES, AND COST OF COLLECTION
1. Maintenance fees and “life style” assessments are due on the first day of the month and are considered late if not received by the tenth of the month. Annual general assessments (which are charged to all Dwelling Units) must be paid by January 31st of each year.
2. An administrative late charge of $10 per month will be incurred for any late payment on any unpaid balance. Owners in arrears for any month will be assessed a late fee every month until the account is current in full.
3. Any cost, including attorneys’ fees, recording costs, title reports and/or court costs incurred by the Association in the collection of delinquent maintenance fees or assessments will be added to the amount owed by the delinquent Owner.
4. Past due maintenance fees may result in the filing of a lien and/or a foreclosure action against the Dwelling Unit. Any Owner incurring difficulty in meeting his payments should contact the Management Company promptly to arrange a payment schedule. The Board must approve in writing any changes to the normal terms.
5. If any Owner fails to perform any act that he is requested to perform by the Declaration, Bylaws or rules and regulations, the Association may choose to cure such violation. The Board may charge and collect from that Owner the entire cost and expense, including reasonable attorneys’ fees and court costs. Any such amount shall be treated as an additional assessment upon that Owner. It shall be due and payable in full on the first of the month following the Owner’s notification. The Association may obtain a lien for such amount just as it could for non-payment of regular dues.
1. Complaints against anyone violating the rules and regulations must be made to the Management Company in writing and must contain the signature of the occupant filing the complaint.
2. The Management Company will, in most cases, contact the alleged violator after receipt of the complaint, and a reasonable effort will be made to gain the violator’s agreement to cease or correct the violation.
3. If reasonable efforts to gain compliance are unsuccessful, the Owner will be subject to a sanction in accordance with the penalty provisions contained in Section X below.
X. ENFORCEMENT PROCEDURES FOR RULE VIOLATIONS
1. If any Owner, occupant, or his tenant violates a rule in a manner which, by the determination of the Board affects the rights of others or their property, legal action may be initiated.
2. The entire cost of effectuating a legal remedy to impose rule compliance, including attorneys’ fees, will be added to the account of the violating Owner.
3. In accordance with the procedure outlined in item5 below, an assessment of $50 per occurrence per day may be levied by the Board on any Owner found in violation of the rules and regulations. In the case of a tenant or occupant who is in violation, the Owner of the Dwelling Unit in which that tenant or occupant resides will be held liable for the assessment.
4. In addition, all costs for extra cleaning and/or repairs stemming from the violation will be added to the penalty assessment.
5. Prior to imposition of an assessment for a rule violation, the following procedure will be followed:
1. The nature of the violation;
2. The time and place of the hearing;
3. A request for the violator and/or owner to attend a hearing and supply any statement of evidence on his behalf; and
4. The intent of the Board to impose a penalty assessment of a maximum of $50 per day, per occurrence.
1. As members of one of the finest developments in
2. Where appropriate, the Association may sponsor such events and social activities. Unless the Association sponsors an event or social activity, any use of Common Elements for the event or activity requires advance written approval by the Board. Street closings must also be approved by the City of Avon Lake.
3. The Association will be not be responsible or liable for any acts, damages, or claims for any non-sponsored event.