Attention:

 This is the proposed procedures for fining "Restriction Violators" pending approval by the Board of Directors .

                         
WHEREAS; this procedure establishes a fair and equitable policy to give Warnings, Notice and, if necessary, the imposition of Fines to occupants who violate any provision of the Declaration, Articles, By-Laws or Rules and Regulations of the Association.

WHEREAS; the Association is granted the authority for fining under Florida Statute 720.303 and in Article VI, Section 7 of the Declaration of Covenants, Conditions and Restrictions.

WHEREAS; the Association, its Board of Directors or other authorized persons are empowered to enforce its Declaration, Articles of Incorporation, By-Laws, Rules and Regulations.

1. The above recitations are incorporated herein and acknowledged as to their accuracy.

2. The Board of Directors does hereby establish a Covenants Review Committee which shall be charged with determining the probable cause that any of the provisions of the Declaration of Covenants, the By-Laws, or the rules of the Association regarding the use of the unit, common elements, or association property are being or have been violated, and to take action in accordance with these provisions.

3. The Covenants Review committee shall consist entirely of unit owners other than members of the Board of Directors or employees of the association, or the spouse, parent, child, brother, or sister of a director or employee, which shall be charged with conducting the hearing and rendering the decision with regard to the levy of fines as herein provided.  Its membership shall be established by action of the Board of Directors as they may direct.

4. The Covenants Review Committee shall consist entirely of unit owners other than members of the Board of Directors for consideration.  In the event that the Covenants Review Committee determines, after holding a meeting to consider that complaint, that here is an instance of probable cause, it shall report that finding to the Board of Directors.

5. The Board of Directors shall thereupon provide written notice to the person alleged to be in violation, and the owner of the unit which that person occupies if that person is not the owner.  The notice shall include:

1. The specific nature of the alleged violation.

2. The quote from the Declaration, By-Laws or Rules which has been violated.

3. A declaration of the Association's position.

4. An acknowledgment of the opportunity for a hearing (before the Covenants Review Committee) if so requested within fourteen (14) days of the date of receipt of the notice.

5. The notice shall specify that each recurrence of the alleged violation of each day during which it continues shall be deemed to be a separate offense, subject to a separate fine, all fines not to exceed  $100 for each occurrence and $1,000.00 in the aggregate.

6. In the event that the violation is the first of its kind for an owner, the notice shall also specify, that in lieu of requesting a hearing, the alleged violator may cure the violation and respond to the notice, within fourteen (14) days of its receipt, acknowledging in writing that the violation occurred as alleged and promising that it will henceforth cease and will not recur.  In this case, such acknowledgment had promise, and performance in accordance herewith, shall terminate further enforcement activity of the association with regard to the violation to include the levying of any fine.

7. Notice shall be deemed given when addressed to the owner, and occupant if known, mailed to the unit address by first class United States mail, postage  prepaid, certified mail, return receipt requested.
    

6. If a hearing is timely requested, the Covenants Review Committee shall, upon notification from the Board of Directors, hold the same , after giving the alleged violator not less than fourteen (14) days written notice of the date, time and place of the hearing, which shall be properly noticed.

7. The Covenants Review Committee shall hear any defense to the charges of the Board of Directors of the Association including any witnesses for the alleged violator, unit owner or the Association and shall receive evidence and written or oral argument from the alleged violator on all issues involved or on any material considered by the Covenants Review Committee.

1. Any party at the hearing may be represented by Counsel, including the Association, and the hearing may be audio or video recorded in the same manner and under the same rules that unit owners are permitted to audio or video record meetings of the Board of Directors.

2. If the adverse party intends to utilize counsel at the hearing, the association must be notified of the intent not less than seven (7) days prior to the hearing.

8. Subsequent to any hearing, or if no hearing is timely requested and if no acknowledgment and promise is timely made, the Covenants Review Committee shall determine whether there is sufficient evidence of a violation as provided herein to warrant a fine.

1. Should the Covenants Review committee determine there is sufficient evidence, then in such event, the Covenants Review Committee shall provide its specific findings to the Board of Directors.

2. Should the Covenants Review committee determine there is insufficient evidence, then in such event, the Covenants Review Committee shall terminate the proceedings.  Any decision of the Covenants review Committee shall be made part of the minutes of that meeting.

9. Thereafter, the Board of Directors shall, at a duly called meeting of the Board of Directors for such purpose and by vote of the majority, either approve the levy, reduce the levy, or waive the levy, but may not increase the fine or receive additional statements with regard thereto.  The Board shall utilize the report of the Covenants Review Committee in its deliberations.

10. Any fine pursuant to this section shall be assessed against the unit which the violator occupied at the time of the violation, whether or not the violator is an owner of that unit, and shall be due and payable within 30 days from the notice of the levy.  The amount of any fine, if not paid, may be the basis of the disapproval of a future lease of the unit.  An unpaid fine may become a lien against the unit.

11. Nothing herein shall be construed as a prohibition of, or limitation on the right of the Board of Directors to pursue other means to enforce the provisions of the various association documents, including but not limited to mediation, arbitration, or legal action for damages and /or injunctive relief.

Adopted this 1st day of December, 2004, by action of the Board of Directors.

Willow Greens Home Owners Association, Inc.

By:______________________/________________________
 Association Secretary and/or President of the Association

(The original document was signed and made binding as of the above date.)