Acceptance of this proposed deed restriction amendment for any section of Westwood will require the approval of the owners of at least 51% of the lots in that section.
Proposal to add Section 21 to the Deed Restrictions for each section of Westwood to provide as follows:
21. Right to Assess and Collect Fines –
The Association shall have the power and authority at all times to assess fines against an owner for violations of any restriction set forth in this Declaration which have been committed by an owner, an occupant of the owner’s lot, or the owner or occupant’s family, guests, employees, contractors, agents or invitees. The Association may assess damage charges against an owner for pecuniary loss to the Association from property damage or destruction of common area or any facilities located on common area by the owner, an occupant of the owner’s lot, or the owner or occupant’s family, guests, employees, contractors, agents or invitees. Common area is defined as all real property owned by the Association. Each day of violation may be considered a separate violation if the violation continues after written notice to the owner. The Board, or any managing agent acting on behalf of the Board, will have authority to send notices to alleged violators, informing them of their violations and asking them to comply with the Declaration, Bylaws, or any Association Rules and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines. The procedure for assessment of fines and damage charges will be as follows:
- the Association, acting through an officer, Board member or managing agent, must give the owner notice of the fine or damage charge not later than thirty (30) days after the assessment of the fine or damage charge by the Board;
- the notice of the fine or damage charge must describe the violation or damage;
- the notice of the fine or damage charge must state the amount of the fine or damage charge;
- the notice of a fine or damage charge must state that the owner will have thirty (30) days from the date of the notice to request a hearing before the Board to contest the fine or damage charge; and,
- the notice of a fine must allow the owner a reasonable time, by a specified date, to cure the violation (if the violation is capable of being remedied) and avoid the fine unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six (6) months.
Fine and/or damage charges are due immediately after the expiration of the thirty (30) day period for requesting a hearing. If a hearing is requested, such fines or damage charges will be due immediately after the Board’s decision at such hearing, assuming that a fine or damage charge of some amount is confirmed by the Board. The payment of each fine and/or damage charge levied by the Board against the owner of a lot is, together with interest thereon and all costs of collection, including attorney’s fees and late fees as herein provided, secured by the lien granted to the Association by Section 18 of this Declaration.