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STANDARD PROCEDURES FOR VILLAS VIOLATIONS

VIEWS: 5 PAGES: 5

									                                                                                6/3/2010

                     The Villas at Falls Run Condominium
                        Standard Operating Procedure
                        Villas Violations and Hearings

The intent of this standard operating procedure is to outline procedural steps and
provide guidance to owners concerning the identification, notification, and correction of
violations; the hearing process; and owner’s rights.

1. Violations: As set forth in Section 55-79.53 of the Condominium Action, each unit
owner shall be governed by and shall comply with all of the terms of the Declaration, the
Bylaws; and the Rules and Regulations. Villas owners must also comply with criteria
established in the FRCA Design Guidelines. A violation occurs when a villas owner
does not observe these terms. Restrictions and rules cited in referenced documents
are intended to maintain our community as an attractive place for everyone to live, as
well as protect our properties and grounds. Notices are issued only when violations are
noted.

2. Inspections: Periodic inspections will be conducted by the Villas managing agent
and/or members of the Villas Covenants Committee. The results will be provided to the
Villas Board of Directors (BOD) for action. In addition, any owner may report a violation
to the Villas BOD or the managing agent for consideration for action.

3. Process:

    a. When the BOD determines a violation has occurred, it will instruct the managing
agent to send Violation Letter #1 to the owner (all letters attached).
    b. The owner may:
        1) Correct/not correct the violation.
        2) Respond accordingly within 30 days.
     c. If the owner does not respond within the allotted 30 days, the managing agent
will send Violation Letter #2. The owner then has 15 days to correct the violation and
respond and/or request a hearing before the BOD. If no response is received to
Violation Letter #2, the BOD will schedule a hearing and notify the owner by Violation
Letter #4.
      d. If it is found that no violation has occurred and a violation letter was issued in
error, Violation Letter #3 will be sent apologizing for the error.
      e. Follow up inspections will be conducted and are the responsibility of the
managing agent and the Covenants Committee.

4. Owner Responsibility: An owner has a specified, limited time to respond to a
violation letter by signing and returning it to the managing agent. Time limits vary and
are noted in the letter. While it is anticipated that corrective action will be taken, each
letter states the options available to the owner.

5. Villas Covenants Committee Responsibility:


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   a. Members of the Committee will make periodic inspections in conjunction with the
managing agent. Any violations observed will be reported to the Villas BOD who will
notify the Committee regarding the action taken. The Committee is responsible for
follow up inspections to ensure the appropriate correction has been made and reporting
of same to the BOD.
    b. Upon receipt of an owner request for reconsideration, the Committee will inspect
the property again to determine if a violation does, in fact, exist. They will report their
findings to the BOD.

6. BOD Responsibility:

    a. When violations are reported, the BOD decides the action to be taken and directs
the managing agent accordingly.
    b. The BOD schedules and conducts hearings regarding violation(s) not corrected.
    c. The BOD makes a final determination regarding the violation and the Board’s
decision is final and binding on the owner.
    d. In accordance with section 55-79.80:2 of the Condominium Act, the Board may
assess charges for violations of the instruments or rules and regulations. The amount
of the charges shall not exceed fifty dollars for a single offense or ten dollars per day for
any offense of a continuing nature. The total charges for any offense of a continuing
nature shall not be assessed for a period exceeding 90 days. If the violation is not
corrected, the Board may arrange to have the violation corrected with any cost the
responsibility of the owner

7. Hearing Proceedings:

   a. When a hearing is scheduled, Violation Letter #4 will be issued.
   b. All hearings will be conducted at the Center and are considered to be executive
sessions.
   c. Owners may be accompanied by a representative of their choice.
   d. After discussion between the owner and Board members, the Board will issue an
immediate decision regarding the violation. The decision is final and binding.
   e. If it is determined that a violation does exist, the owner will have 15 days from the
date of the hearing to correct the violation.

8. Owner Liability: Each Unit Owner shall be liable for the expense of all
maintenance, remediation, repair or replacement rendered necessary by his or her act,
omission, or negligence.

Attachments
Violation Letter #1—Initial Notice
Violation Letter #2—Post 30-day Letter
Violation Letter #3—Letter of Apology
Violation Letter #4—Hearing Notice




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Violation Letter #1—Initial Notice
Date

Address

Dear :

We are issuing this letter on behalf of the Villas BOD to call your attention to a violation
of the Falls Run Design Guidelines; Declaration of the Villas at Falls Run Condominium,
Section XX (or XXI), Use Restrictions of Villas and Common Elements; or the Villas
Owners Handbook. During an inspection of the villas common and limited common
areas, it was noted that:

         (Specify violation with appropriate cite)

Cited documents require each homeowner and any tenant to conform to the Use
Restrictions. Accordingly, the Villas BOD has the responsibility and authority to bring
any observed violation to the attention of the responsible homeowner and to ensure the
violation is corrected.

It is requested that the above noted violation be corrected within the next 30 days and
that you confirm you have done so by signing the certification below. If you believe that
the violation notice has been issued in error, provide your reasons for not correcting the
violation including appropriate justification, sign, and date. Return the signed document
to Jeffrey Charles & Associates Inc., in the envelope provided.

We appreciate your cooperation and prompt attention to this matter.

Sincerely,


Jeffrey Turner

___I confirm that this violation has been corrected.

___I have not corrected the violation because:_________________________________
_____________________________________________________________________
_____________________________________________________________________


_____________________________________
Signature                  Date




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Violation letter #2 (Post 30-day letter)
Date

Address

Dear ___________________

By letter dated ___________ you were advised of a violation of the Villas at Falls Run
Condominium documents noted during a recent inspection of common grounds. Since
we did not receive your written confirmation that the violation was corrected within the
30-day period provided, we assume the necessary corrective action has not been taken.

Pursuant to the applicable Virginia statutes and the Villa documents, you are hereby
informed that further action may be required if we do not receive your written
confirmation that this violation has been corrected within the next 15 days.

If you wish to appeal our determination, you may submit a written request to Jeffrey
Charles & Associates within 15 days. Upon receipt of your request, a hearing will be
scheduled before the Villas Board of Directors. You will be notified of the date, time,
and location of such hearing.

We sincerely hope that you will correct this violation and inform us in writing by
____________________ (15 days date) that the necessary remedial action has been
taken. Please note that a re-inspection of your property will be performed to ensure full
compliance.

Your prompt attention to this matter is appreciated.

Sincerely,

Jeffrey Turner




                                            4
Violation Letter #3 revised
Date

Address

Dear

Thank you for your correspondence dated __________ identifying an error in our letter
to you concerning ___________________. Upon further review and investigation of
this matter, we agree that this violation notice should not have been sent to you.

We apologize for our error and any inconvenience it may have caused you. Thank you
for your understanding and patience.

Sincerely,

JCA




Violation Letter #4 Hearing Notice
Date

Address

Dear ______________,

Pursuant to your written request dated _________, a hearing has been scheduled for
you before the Villas Board of Directors to address the previously noted violation of the
Villas documents. This hearing will be held at 1:00 PM on January 1, 2007 at the
Center.

As previously indicated, you will be given the opportunity to present your views at this
hearing.

Sincerely,




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