5.2. No. 2: Procedures for Processing Alleged Violations of the Governing Documents

*LEGAL ADVICE AS OF 10/17/2023 FROM GLENRIDDLE’S ATTORNEY “I do not think a maximum must be designated; however, any fine must be reasonable to be upheld by a court if challenged. Also, a fine should have a relationship to the problem created or cost incurred rather than based upon emotion or anger because someone violated a rule, regulation, etc. At some point, the better course of action would be to file suit in the Circuit Court to get an injunction to correct the situation and to seek attorney’s fees. In my opinion, litigation, not a $10,000 fine, would be the best route.”

!LEGAL ADVICE RELATED TO MODIFYING COMMUNITY CODE NO. 2 AS OF 5/28/2024 FROM GLENRIDDLE’S ATTORNEY “To adopt a Community Code or cancel, modify, etc. a code, the Board must give 30 days advance notice to the community that the Board is planning on taking action. After it is adopted, 30 days must pass before the code action is effective, which gives community members an opportunity to challenge the code action. The restrictions on use of property in Glen Riddle, such as the codes and architectural guidelines, or ones that impose a financial obligation on owners, are what must be put in the Homeowners Association Depository in the Circuit Court. A resolution that does not restrict use of property or impose a financial obligation on an owner does not have to be posted or put in the depository.”

WHEREAS, the Board of Directors is empowered by Article 10 of the Declaration and Article 7, Section 7.1(a) of the By-Laws with the authority to adopt and publish Community Codes and other rules and regulations of the Association including, without limitation, those relating to the use of the Community Property and any facilities situated thereon, and the personal conduct of the Members and their guests thereon, which apply to all Owners, tenants, occupants, guests and invitees of any Living Unit within the Association, and to establish penalties for the infraction thereof; and

WHEREAS, Article 10, Section 10.2 of the Declaration and Article 7, Section 7.1(e) of the By-Laws and provides the Covenants Committee, through the Board of Directors, the authority to levy fines against Unit Owners for violations of the Governing Documents of the Association; and

WHEREAS, Article 10, Section 10.2 of the Declaration provides that the Community Codes shall have the same force and effect and binding nature as the covenants, conditions, easements and restrictions contained within the Declaration and applicable to all property within the Association; and

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the GlenRiddle Community Association, Inc. hereby adopts the following Procedures for Processing Cases of Alleged Violations of the Governing Documents and Regulations for the Association which shall be binding upon all Unit Owners, tenants, occupants, successors, heirs, and who currently, or in the future, may possess any interest in the Association.

Procedures for Alleged Violations of the Governing Documents

A. Initiation of Enforcement Procedures

(1) Any owner, resident or the community manager has the authority to request that an Owner or resident cease or correct an act or omission which appears to be in violation of the Governing Documents. Informal action (telephone call, email, etc.) by an owner, resident or the community manager may be taken first, but formal enforcement action requires a written complaint to the Covenants Committee. The complaint shall state the specific violation and include the names and addresses of the persons making the complaint and committing the violation (“Respondent”) and the date of the violation.

(2) Upon receipt of a written complaint and a determination that formal action is necessary, the Covenants Committee shall serve a letter with a copy of the complaint on the Respondent by hand delivery or by certified and regular mail to the Respondent’s last known address and to the owner of the Living Unit if Respondent is a tenant. The letter may impose a penalty for the violation and, if the complaint alleges a continuing violation, shall demand that the Respondent cease the violation. In addition, the letter shall advise the Respondent of the opportunity for a hearing before the Covenants Committee by making a written request within ten (10) days from the date of the letter. In the discretion of the Committee and in lieu of a penalty, the Committee may allow the Respondent to provide a written Acknowledgement of the Violation and a promise that the violation has ceased or will immediately cease, that it will not recur and that corrective action, if necessary, will be taken within seven (7) days.

(3) Notwithstanding the procedure set forth above, the Board of Directors may refer violations of the Governing Documents to legal counsel for appropriate action, to include litigation.

(4) This procedure does not apply to nonpayment of assessments. Without the initiation of formal enforcement procedures, the Board of Directors may suspend the right of an owner or resident to use any Community Property for the failure to timely pay any Assessment or charge (including a fine) for so long as any such Assessment or charge shall remain delinquent. Notice of any such suspension of the right to use Community Property must be provided in writing.

(5) The community manager or Covenants Committee may immediately suspend the right of an owner or resident to use any Community Property for a period not to exceed ten (10) days if such owner’s or resident’s use of the Property is obviously in violation of the Governing Document and a verbal request to cease or correct the violation has not been heeded.

B. Suspension of Privileges and Levying of Fines.

(1) Penalties imposed by the Covenants Committee or Board of Directors may include suspension of the Respondent’s right to use any Community Property and/or imposition of a reasonable fine not to exceed one thousand dollars ($1,000.00) for any one violation. A violation which continues after written notice shall be treated as a continuing violation and an initial fine and a daily fine may be imposed until the violation ceases. Such charges shall be considered as an assessment against the Living Unit owned or resided in by the Respondent, For any noncontinuing infraction, suspension of the right to use any or all Community Property shall be for a period of not more than sixty (60) days. For a continuing infraction, suspension may be imposed for so long as the violation continues.

(2) If the Respondent fails to timely pay the fine or submit an Acknowledgement of Violation or request a hearing, the Covenants Committee may impose an additional penalty and send another letter to Respondent or refer the matter to legal counsel for action.

C. Hearing.

If a timely request for a hearing is made, a hearing shall be held before a majority of the members of the Covenants Committee in accordance with the following procedures:

(1) The Covenants Committee shall select one of its members to preside over the hearing. At the beginning of the hearing, the presiding over shall explain the rules and procedures for the hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(2) Each party shall have the right to make an opening statement; introduce evidence, testimony and witnesses; cross-examine opposing witnesses; rebut evidence and testimony; and make a closing statement.

(3) The Covenants Committee shall rule upon the complaint by majority vote in closed session and may take such other action, including modifying the penalty, as it believes to be appropriate. The Covenants Committee shall prepare a written decision disposing of the matters raised in the complaint and shall serve a copy of the decision upon the Respondent within a reasonable time after the hearing. If the Respondent is a tenant, a copy of the decision of the Covenants Committee shall also be served on the owner of the Living Unit leased by Respondent.

D. Appeals.

Final decisions of the Covenants Committee may be appealed to the Board of Directors in writing within ten (10) days of the decision of the Covenants Committee. The Board of Directors may, on the basis of the preliminary review, elect not to hear the appeal, in which case the Board of Directors will so inform the Respondent, and, if applicable, the Owner of the Living Unit, in writing, and the decision of the Covenants Committee shall stand. If the Board elects to hear the appeal, it shall conduct a hearing as provided in subparagraph B above. 

WHEREFORE, in accordance with relevant provision of the Declaration and Bylaws of the GlenRiddle Community Association, Inc. this Resolution entitled “Resolution of the Board of Directors of GlenRiddle Community Association, Inc.- Community Code No. 2 Procedures for Processing Alleged Violations of the Governing Documents” shall be and is hereby adopted by the Board of Directors of the GlenRiddle Community Association, Inc., and shall become effective upon recordation of the same in the Homeowners Association Depository for Worcester County, Maryland.

CERTIFICATION

I hereby certify that, in accordance with the provisions of the Declaration and Bylaws of the GlenRiddle Community Association, Inc. (the “Association”), the foregoing Resolution of the Board of Directors of the Association, entitled “Resolution of the Board of Directors of GlenRiddle Community Association, Inc.- Community Code #2- Procedures for Processing Alleged Violations of the Governing Documents was duly adopted by the Board of Directors, at a duly constituted meeting thereof, held on May 14, 2020; and I further certify that, in accordance with relevant provisions of the Declaration and Bylaws of the Association, I caused a copy of the foregoing Resolution to be delivered to the owners of Living Units in the Association on February 13, 2020.

GlenRiddle Community Association, Inc.