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Architectural Control Committee

The Rydings Maintenance and Improvements Association, Inc.
Architectural Control Committee (ACC)
Covenant Violation Resolution Procedure

1.0 Introduction
The duly approved covenants of the Rydings Homeowners Association, Inc. shall be the guiding document in the enforcement of community standards applicable to The Rydings. The Architectural Control Committee, as set forth in the By-Laws of the Rydings Homeowners Association, Inc. is charged with monitoring the physical condition of The Rydings and taking appropriate actions to ensure that the Covenants are upheld.

2.0 Violations of Covenants

2.1 Identification of Violations
The Committee members are charged with routinely observing the properties in the community for potential violations of the Covenants and compliance with generally accepted standards. Covenant Violation forms shall be used to document potential non-compliance. This form is available on The Rydings’s website for residents to print and submit and hard copies can be obtained from the Committee or from the Board Secretary.

2.2 Review of Violations
The Committee shall review all potential violations upon receipt. The Committee shall discuss and vote on each potential violation.

2.3 Committee Action on Penalties
The Committee shall follow the prescribed series of events in Section 3.0 when attempting to implement corrective actions for the Covenant violation. The Committee shall consider duly submitted project approval requests, corrective action plans, or any information submitted by the homeowner in determining if a violation has occurred, continues, or has been (or will be) corrected.

3.0 Procedure for Violations

3.1 Initial Notice of Violation
When a violation is first identified and agreed upon by the Committee, a letter is prepared from the Committee to the resident or homeowner of record. This letter shall identify the violation, quote the specific section of the Covenants that the homeowner is in violation of, and notify the homeowner that they have 30 days from the date of the letter to correct the violation(s). The letter shall also notify the homeowner / lot owner that they can contact any member of the board of directors or request a Committee meeting to explain why the identified situation is not in violation of the Covenants or to explain their plans for coming into compliance with the Covenants. The letter shall inform the homeowner / lot owner that if after the thirty day period the violation(s) are not corrected the Committee will levy a fine of $100 for each violation. This letter shall be sent via certified mail with return receipt as well as regular mail.

3.2 Second Notice / Continuing Violation
If, after due notice has been made of the initial violation and the homeowner / lot owner has not corrected the violations and paid the fine(s), the Committee shall approve issuance of a second notice. This letter shall notify the homeowner / lot owner that failure to correct the violation(s) and pay the assessed fines within 14 days (two weeks) of receipt of the letter shall cause the Committee to either correct the violation(s) at the expense of the homeowner / lot owner or charge the homeowner / lot owner an additional $300 fine. This letter shall be sent via certified mail with return receipt as well as regular mail. Notices should be prepared immediately and reviewed and approved by the association officers. Signature blocks on the letter shall denote both the Committee and the association officer’s approval.

3.3 Subsequent Violations
After the second notice and fine has been sent to the homeowner / lot owner, the Committee will continue to review the situation monthly to determine if the violation has been remedied. If it has not, the Committee shall seek the assistance of the Association Officers in collecting the assessed fines. Method of collection will be at the discretion of the association but will include the following: filing a lien, notifying the homeowners / lot owner’s mortgage company to receive payment out of their escrow account, and or filing a law suit. The homeowner / lot owner shall also be responsible for all fees incurred during the collection process.

3.4 Repetitive Violations
If a homeowner is cited for the same violation on multiple occasions but takes corrective actions between these violations, then these violations may be considered as cumulative when determining appropriate action.

3.5 Response to Violation Notices
If a resident contacts one of the Association Officers or a member of the Architectural Control Committee in person, by phone, by email, or by written letter for the purpose of discussing or proposing a remedy to a violation, further action shall be held in abeyance pending resolution of the issue by meeting of Association Officers.

3.6 Reminders
The Committee at its discretion may choose to send a resident a “friendly reminder” regarding complying with Covenants rather than issuing an initial notice of violation. Such reminders may be appropriate when dealing with yard maintenance, new residents who may be unaware of the Covenants, or other unique situations. Failure by the homeowner to comply with the applicable Covenants following the reminder would normally result in issuance of an initial violation letter.

4.0 Dispute Resolution
Residents may request a meeting of the Committee and Association Officers. Residents may address the Committee regarding violations of the Covenants and present corrective actions, request approval of property modification requests that would correct violations, or present evidence that the Committee has incorrectly concluded that a violation has occurred. Once a resident has presented their position, the Committee and Association Officers shall give due consideration to the issue and notify the resident in writing of the Committee’s / Association Officers’ decision.

5.0 Timeliness
Because actions in this procedure are time sensitive, issuance of letters from the Committee/Association Officers shall be timely. In general, letters should be issued within 3 working days of the Committee’s/Association Officer’s decision. The Committee shall consider any known delays in sending and receiving letters when enforcing the timeframes noted above.

6.0 Addressing of Letters
Letters regarding Covenant violations will be addressed to the homeowner and resident which in most cases will be one in the same. For rental properties, letters will be addressed to the resident initially. All subsequent notices will be sent to both the resident and to the homeowner of record as identified in the Treasurer’s records.

7.0 Modification
Minor updates or modifications of this procedure can be made by majority vote of the Committee. Major changes to this procedure such as to the timing of notices and fines must be approved by the Committee and accepted by the Association Officers prior to implementation.

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