Due Process in Enforcement

Article 4, Section 4.1 of the Bylaws for Dominion Station Homeowners Association, Inc. states that the business affairs of the Dominion Station Homeowners Association, Inc. shall be managed by the Board of Directors.

For the benefit and protection of the Association and of its Members, the Board adopted Policy Resolution No. 05-04-02 to establish a procedure to ensure due process in cases involving compliance by a Member or resident of a subdivision with provisions of the Declaration, Bylaws and Resolutions and Regulations of the Association.

Procedure

Initial Action to Secure Compliance. If any Member believes that a violation of the Regulations exists, such Member shall first informally request that the Member causing or allowing such alleged violations to occur, cease or correct any act or omission which appears to be in violation of the Regulations. Such informal request shall be made before the formal process is initiated and shall be a condition precedent to the initiation of the formal enforcement procedures set forth below. If the informal request does not result in the correction of the act or omission which appears to be in violation of the Regulations, a written complaint setting forth in detail the specifics of the alleged violation, including the underlying facts of the alleged violation, the dates of the alleged violation and the specific provisions of the Regulations that are alleged to have been violated, may be filed with the Board.

Preliminary Investigation. Upon receipt of a written complaint alleging a violation of the Regulations, the Board may request the Managing Agent, if any, or a member of the Board to make a preliminary investigation as to the validity of the complaint and promptly report the findings to the members of the Board. The Board shall receive the report concerning the alleged violation and determine, in the sole and absolute discretion of the Board, the appropriate disposition of the matter. The Board shall, within a reasonable time after making its decision regarding an alleged violation of the Regulations, advise the Member filing the written complaint of the Board’s intended course of action concerning such alleged violation.

Request for Abatement or Corrective Action by the Board. In the event that the Board determines that there is reason to believe that a violation of the Regulations has occurred and determines that corrective action is necessary, the Board shall comply with the following procedures:

1. Written Request. A written request (the “Notice of Violation”) shall be prepared and sent by the Board, or any designated agent of the Association, to the Member alleged to have caused or allowed the occurrence of the violation of the Regulations. The Notice of Violation shall set forth
   1. the facts of the alleged violation and the specific provision of the Regulations alleged to have been violated;
   2. the action to be ceased or the action required by the Board to be taken to correct the violation; and
   3. a time period, not less than 10 days after the mailing of the written request, during which the violation may be abated without sanctions or a statement that any further violations of the same provision may result in the imposition of sanctions after notice and hearing.
2. The Notice of Violation shall be mailed to the Member alleged to have caused or allowed the occurrence of the violation of the Regulations at the address on file with the Board, and to the resident of the property, if not the Member.
3. A copy of the Notice of Violation shall be filed in the Association’s records.

Failure to Comply with Request. If the Member to whom a Notice of Violation has been sent does not cease and desist from causing or allowing the violation to occur fails to take the actions requested by the Board to cure the alleged violation, then the Board shall, if the Board determines that further action is necessary, comply with the following procedures in accordance with Article 12, Section 12.1(i), (1,2):

1. The Board shall serve a notice (“Notice of Hearing”) on the Member (the “Respondent”) alleged to have caused or allowed the occurrence of the violation set forth in the Notice of Violation. The Notice of Hearing shall advise the Respondent
   1. that the Board believes that the Respondent has caused or allowed a violation of the Regulations to occur, as set forth in the Notice of Violation,
   2. of the nature of the sanctions that may be imposed on the Respondent by the Board as a result of the alleged violation,
   3. that the Board will hold a hearing concerning the alleged violation,
   4. that the Respondent has the right to be present at such hearing and may be represented by counsel if the Respondent so desires,
   5. that the Respondent shall be entitled to deny the allegations set forth in the Notice of Violation and present such evidence and witnesses to support there, and
   6. of the date, time and place for such hearing.
2. The Notice of Hearing shall be served on the Respondent not less than 14 days prior to the date of the hearing. Service of the Notice of Hearing shall be made by had delivery or by first class United states certified mail, return receipt requested, to the Respondent at the address or addresses to which notices of meeting of the Association are to be delivered, and, in the case of Respondents who are not residents, to the property address as well. Service by mailing shall be deemed effective 3 days after such mailing in a regular depository of the United States mail, first class postage prepaid. No order adversely affecting the rights of the Respondent may be made in any case unless the Respondent has been served as provided herein.
3. If the Respondent promptly advises the Board that they cannot, for good cause shown, attend the hearing on the set date and indicates times and dates on which they would be available, the Board shall reset the time and date of hearing and promptly deliver notice of the new hearing date to the Respondent by regular mail.

Hearing. The hearing shall be conducted in closed Session by the Board and shall afford the Respondent an opportunity to present a defense against the alleged violation of the Regulations. The following procedure shall apply to the hearing:

1. Proof of service of the Notice of Hearing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if the date and manner of delivery is entered by the party who caused service of such notice to be made on the Respondent. Services of Notice of Hearing shall be deemed by the Respondent if the Respondent appears at the meeting for any purpose other than to contest the proper service of the Notice of Hearing. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.
2. Prior to the hearing, the Respondent may challenge any member of the Board for bias or other good cause shown as to why the member of the Board should not take part in the hearing. Any such challenge shall be made not less than 7 days prior to the hearing. In the event of such a challenge, the Board shall meet prior to the hearing to determine the sufficiency of the challenge. If the Board sustains the challenge, the President may at that time excuse that member from the formal procedure. All decisions of the Board in this regard shall be final.
3. At the commencement of the hearing, the Board shall select a person to service as hearing officer and preside over the hearing. Such hearing officer need not be a Member of the Board. At the beginning of the hearing, the hearing officer shall explain the rules and procedures by which the hearing is to be conducted. The Board may determine the manner in which the hearing will be conducted, so long as the rights set forth in this section are protected. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Generally, any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.
4. The Respondent shall have the right to do the following, but may waive any or all of these rights:
   1. make an opening statement;
   2. introduce evidence, testimony, and witnesses;
   3. cross-examine opposing witnesses by directing questions to the hearing officer;
   4. rebut evidence and testimony; and
   5. make a closing statement.
5. After the testimony and evidence has been presented to the Board, the Board shall vote upon the matter. Agreement of a majority of those voting shall be required for a decision. The decision shall be made promptly after the hearing. The Board shall prepare written findings of fact within 10 days after the hearing. A copy of the findings and decision shall be mailed by regular mail to the Respondent. A summary of the decision, excluding names of persons involved and addressing only the issue and the Board decision shall be included in the Board Minutes.

Sanctions. The sanctions which may be imposed by the Board include, but are not limited to, assessment of special charges not to exceeds $10.00 per day for a continuing offense or $50.00 per single offense. Such special charges, if not promptly paid, shall constitute a lien on the owner’s lot and may be subjected to collection as set forth in the Declaration and Bylaws of the Association.

Interpretation

Policy Resolution No. 05-04-02 is intended to serve as a protection to Members to ensure that their rights are protected and to serve as a guideline for the Board as it carries out its duties to enforce the Regulations. The Board may determine the specific manner in which the provisions of this Resolution are to be implemented, provided that due process is afforded. Any inadvertent omission or failure to conduct any proceeding in the exact conformity with Resolution No. 05-04-02 shall not invalidate the results of such proceeding, so long as a prudent and reasonable attempt has been made to ensure due process according to the general steps set forth in Resolution No. 05-04-02.

Delegation to Committee

The Board may delegate the hearing and decision responsibility hereunder to a committee made up of other Members. Decisions of the committee may be appealed to the Board.

Legal Action

Notwithstanding any provision of Policy Resolution No. 05-04-02, the Association may initiate legal action at any time without following the procedure set forth therein if, in the judgment of the Board, the interest of the Association so require.