SCHEDULE OF PENALTIES FOR VIOLATIONS OF DEED RESTRICTIONS
(EFFECTIVE November 1, 2009)
All notice periods are business days. The fines will be payable by the property owner upon receipt and subject to the same billing and collection procedures as the annual assessment. These policies and schedule of fines are subject to change without notice. Note! See appeal procedure below table.
|
Violation |
Warning / Deadline |
Fine or Penalty |
|
Trash cans left out; unsecured or blowing curbside trash* |
1 warning, then fine |
$25/day/incident fine |
|
Copy of the lease for rental property and tenant contact information not filed with the Corporation |
10 days to comply, then fine |
$100 month fine |
|
Commercial, trailer, boat, junker, inoperable, non-resident, etc., vehicles |
10 days to comply, then tow |
Contractor tows, or $50/month/incident fine |
|
Prohibited vehicles operated in community |
1 warning, then fine |
$50/incident fine |
|
Vehicles parked in yards |
2 days to comply [first offense], then fine. |
$50 initial incident, $10/day fine |
|
Vehicles parked on medians, islands, off pavement, etc |
1 warning [24 hours to comply] then tow |
Contractor tows |
|
Clotheslines, window AC and other prohibited devices |
15 days to comply, then fine |
Initial $100 fine plus $10/day/incident |
|
Junk, equipment, outdoor storage, etc. |
15 days to comply, then fine |
Up to $100 fine plus $10/day/incident |
|
Exterior building maintenance needed, such as missing shutters, falling fence, etc. |
15 days to comply, then fine |
$100 fine plus $50/month/incident |
|
Lot maintenance such as mowing, weedy growth and dead trees/shrubs |
7 days to comply, then fine [first offense] Subsequent offenses, contractor mows. |
Contractor mows / trims for the greater of $40/center unit, $70/end unit, or 110 % of what contractor charges; remove dead trees, shrubs for 110% contractor’s charges |
|
Other violations |
5-15 days to comply, at the considered discretion of the board representative charged with this task |
action as needed to correct the situation, and billed to the owner @110%, or $10 per day fine, as appropriate |
In the event an Owner or Tenant is found by the Board of Directors to be in violation of the Declaration of Restrictions, the By-Laws or the decision of the Architectural Review Committee, the Owner of the Lot will be notified in writing, by first class mail. The notice of violation shall detail the nature of the violation and shall advise the Owner that said violation must be corrected or appealed within fifteen (15) days of the date of the notice. The Owner will also be warned against further violations.
A. Within fifteen (15) days after the date of notice from the Board, the Owner may request a hearing before the Board. Said request for hearing must be made in writing and sent by certified mail within said fifteen (15) day period to the Persimmon Creek property management company: Aspen Property Management,122 East Main St., Suite A, Elkton, MD 21921. In the event the request for the hearing is not postmarked within said fifteen (15) day period, the Owner will be deemed to have waived his or her right to appeal.
B. Upon receipt of a request for a hearing, properly post-marked, the Board will promptly schedule a hearing and notify the Owner of the date and time thereof via certified mail. The purpose of the hearing is to allow the Owner to appear before the Board and present evidence and argument as to why the Board's decision is in error or should be modified. Hearings will be held at the regular meetings of the Board. In the event the Owner fails to appear at the hearing on the scheduled date and time, his or her request for hearing shall be deemed withdrawn.
C. The Owner will be allowed a maximum of ten (10) minutes to present his or her case at the hearing. At the conclusion of the hearing, the Board will render its decision and will notify the Owner in writing via certified mail.
D. If no hearing is requested and the violation is not corrected within the fifteen (15) day period above, the Board may institute such legal action as it deems appropriate against the Owner to ensure compliance with the Declaration, By-Laws and the Architectural Guidelines, as well as the imposition of fines under paragraph E below.
E. If no hearing is requested or the Board denies the Owner’s appeal, the Board may impose a fine per the Schedule of Penalties for each separate violation set forth in the violation notice. The Board shall notify the Owner in writing via certified mail as to the amount and nature of all fines imposed. Depending on the violation, fines may accumulate if the violation is not rectified by the Owner. The amount of the fine(s) plus any accumulated interest shall be carried on the account of the Owner on the books and records of the Association and the Association may bring an action at law to collect such fines as a personal obligation of the Owner.
F. Imposition of the fine(s) by the Board as set forth in paragraph (E) shall in no way be deemed a waiver by the Board of its right to take other action against the Owner to compel compliance with the Declaration, By-Laws and/or Architectural Guidelines. The Board specifically reserves the right to take such action against the homeowner as it deems appropriate either before or after a fine has been imposed pursuant to paragraph (E) above.
G. In the event a title company, mortgage lender, attorney or real estate agent requests a statement (excluding a Statement of Lien) from the Association as to the fees and charges outstanding against the Owner’s property and any fine(s) imposed and accumulated interest have not been paid, the statement from the Association shall so indicate the amount of the unpaid fine(s) and all accumulated interest. No statement indicating that all fees and charges have been paid will be issued unless and until all fine(s) and accumulated interest have been paid in full.