When people stray from the reasonable requirements of the documents that regulate our Association, it often creates problems, polarizes neighbors, and disappoints expectations on the part of residents that the Association will enforce the CC&Rs and Rules and Regulations. Our Bylaws and/or CC&Rs authorize fining for violations of the governing documents and California law requires distribution of a policy in the event the Association might consider the use of fines.

The Board considers fining and penalties only as an alternative to be exercised after reasonable efforts to work with homeowners to encourage them to voluntarily cure violations have failed.

The Board of Directors will be distributing this policy at a minimum on a one-time basis. It will then remain into effect until modified by the Board of Directors. At any time in the future when the policy is modified, it will be redistributed to the owners and residents. It will also be provided to new residents and buyers to the extent they can be identified by the Association.

The member or resident shall be given at least ___ days prior notice of the meeting at which discipline will be considered and the nature and extent of any violation believed to be occurring. The notice may be given by first-class or registered mail, or personal delivery. At the time stated, the member or resident may appear orally or in writing and shall be entitled to present witnesses and evidence on his or her own behalf. The Board shall provide the Owner with written notice of any disciplinary action discussed and approved within 15 days of the date the decision is reached.

If the decision of the Board is that a violation has in fact occurred (and/or is continuing to occur), the Board decision might include the levying of a fine not to exceed _____________________ for each offense, occurrence, or a continuing offense. Fines may be imposed on a per day, per week or per month basis for continuing violations. Fines may be imposed concurrently with other action by the Board to address a violation if it is necessary.

[NOTE REGARDING USE OF THIS DOCUMENT: IN USING THIS SAMPLE POLICY THE GOVERNING DOCUMENTS OF THE ASSOCIATION MUST BE CONSULTED FOR GUIDANCE. THE PROVISIONS THEREIN MAY BE MORE OR LESS RESTRICTIVE THAN STATUTES ON THESE SUBJECTS. YOU SHOULD SEEK THE ADVICE OF AN ATTORNEY TO FINALIZE YOUR POLICY AS ANY FAILURE TO FOLLOW STATUTORY GUIDELINES AND REGULATIONS RELATING TO CIRCULATION OF RULES COULD INVALIDATE YOUR PROCESSES.]

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