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Covenant Violation Fine Procedures (Adopted August 19, 2004)



In accordance with Section 11.7 of the Covenants, the Board adopted the following schedule of fines for enforcement of the Covenants.  Approved by the Board on August 19, 2004, the following procedures have been recorded with the El Paso County Clerk’s Office.

 

All letters shall be sent by the property management company via certified mail.  Should legal procedures become necessary, all costs incurred shall be charged to the Owner.


First Violation

  1. Warning letter notifying violation date, time, and place.  If applicable, Owner shall remedy violation within 10 days or a $50 fine will be levied.  Owner may attend next HOA meeting to contest fine;

If a fine is issued:

  1. At 20 days non-payment an additional fine of $100 will be assessed;
  2. At 30 days non-payment an additional fine of $250 will be assessed;
  3. At 45 days non-payment of all assessed fines, a lien will be placed on the property and foreclosure proceedings will begin. 


Second Occurrence of Violation

  1. Letter notifying second violation date, time, and place. Immediate fine of $100 will be assessed. Owner shall have 10 days to pay fine in full and remedy violation (if applicable). Owner may attend next HOA meeting to contest fine;  Immediate fine of $500 will be assessed.  Owner shall have 10 days to pay fine in full and remedy violation (if applicable).
  2. At 10 days non-payment, an additional fine of $250 will be assessed;
  3. At 20 days non-payment, an additional fine of $500 will be assessed;
  4. At 30 days non-payment, a lien will be placed on the property and foreclosure proceedings will begin.


Third Occurrence of Violation

  1. Letter notifying third violation date, time, and place.  Immediate fine of $500 will be assessed.  Owner shall have 10 days to pay fine in full and remedy violation (if applicable).
  2. At 10 days non-payment, an additional fine of $1,000 shall be assessed;
  3. At 20 days non-payment, a lien will be placed on the property and foreclosure proceedings will begin.


Fourth Occurrence of Violation

  1. Letter notifying fourth violation date, time, and place, including notice of lien and foreclosure.  An immediate fine of $1,000 shall be assessed;
  2. An immediate lien shall be placed on the property and foreclosure proceedings will begin.