ARTICLE
XI
Enforcement
of Association By-Laws, Rules & Regulations
Section 1.
Membership Compliance. Each
Member shall comply strictly with the covenants, conditions and restrictions set
forth in the Declaration of Covenants, Restrictions and Limitations or in the
deed to the Member’s property and with these By-Laws and with the
administrative rules and regulations adopted pursuant thereto, as said By-Laws
and/or administrative rules and regulations may be lawfully amended from time to
time. Failure to comply with any of the same shall be grounds for a civil action
to recover sums due, for damages or injunctive relief, or both, maintainable by
the Association on behalf of the property Owners.
Section 2.
Additional
Powers. The following
powers and procedures are hereby granted to the Board as additional powers of
enforcement of said By-Laws, rules, and regulations:
(a)
The Board may take disciplinary action against any Member of the
Association for breach of any By-Law, rule or regulation of the Association as
provided herein.
(b)
Disciplinary action authorized hereunder, subject to the Procedures of
Section 3 of this Article, may consist of any or all of the following:
(1)
suspension of voting privileges;
(2)
suspension of the Member’s right to use any of the Community Facilities
owned, operated, or managed by the Association for a period not to exceed thirty
(30) days for each breach;
(3)
a fine for each breach of By-Law, rule, or regulation; the failure to pay
said fine within ten (10) days after imposition thereof shall constitute a
separate offense.
Section 3.
Procedures.
(a)
A member wishing to protest disciplinary action imposed pursuant to
Section 2,(b),(1) and (3) of this Article, may request a hearing before the
Board and such disciplinary action will be suspended until after the hearing.
Such request must be made in writing within ten (10) days after receipt
of notice of the disciplinary action.
(b)
The requested hearing shall take place at the next regularly scheduled
Board meeting following the mailing to the Member of written notice of the time
and place thereof and also stating the nature of the breach charged against said
Member. The Member shall have the
right to be represented by counsel.
(c)
Within ten (10) days after the hearing, the Board shall render its
decision in writing to the Member involved, setting forth the determination of
the Board and the disciplinary action to be imposed, if applicable.