River Bend of Hillsborough County Homeowners Association, Inc. COVENANT VIOLATION SCHEDULE AND PROCEDURES FOR LEVYING FINES, AND SUSPENSIONS I. INTRODUCTON A. The Association is a Deed Restricted Community. The Association is governed by specific rules and regulations contained in the governing documents of the Association and statutory law. The Board of Directors continues to practice strict enforcement of the Association s governing documents, rules and regulations. Living in a Deed Restricted Community is a choice homeowners make before buying a home. By purchasing a home in a Deed Restricted Community homeowners are contractually agreeing to comply with the Association s governing documents. B. In an effort to maintain and enhance our community, it is critically important that all residents comply with the guidelines defined in our governing documents. The Board of Directors ask that each resident please review and become familiar with the copy of the covenants and restrictions that were provided to all homeowners at closing. If you do not have a copy, please go to the Association s webpage to review and/or print a copy of the Association s governing documents, Planning Criteria, rules and regulations, and other documents that may assist and guide you. C. Violations are defined and assigned a time frame by which the infraction/violation should be corrected prior to a fine being assessed. The violations most abused are listed in this document; however, there are other restrictions and rules listed in the governing documents and Planning Criteria that you should familiarize yourself with. D. In compliance with 720.305(2)(b) Florida Statutes, a fine or suspension may not be imposed by the Board of Directors without a 14 day notice to the person sought to be fined or suspended. E. In accordance with Chapter 720, Florida Statues, and the Governing Documents of the Association, the Management Agent of the Association as the designated agent acting on behalf of the Board of Directors, shall have the authority to issue the notices to owners and/or occupants of any fines and/or suspensions as allowed for pursuant to the Governing Documents and/or applicable statutory law. F. In addition, the Management Agent shall also be designated as the agent for the Board of Directors to attend the hearings to be held for determination of the fines and/or suspension before the Fining Review Committee created pursuant to Section 720.305, Florida Statutes. Effective February 1, 2017 Page 1
G. The Management Agent shall inform the Association s Board of Directors of any potential violation not specifically addressed in these guidelines before enforcement action is taken. In addition, the Board of Directors should be consulted before taking action if the Management Agent is uncertain whether a condition constitutes a violation. H. Failure to enforce any provision of the governing documents, including rules and regulations, shall not constitute a waiver of the enforcement thereafter. II. VIOLATION CATEGORIES AND TIMEFRAME FOR RESOLUTION A. Immediate Action: 1. ADA. Blocking sidewalks. FINE $100 The first violation of this rule will receive a Intent to Fine reminder not to block the sidewalk; thereafter, a $100 fine will be assessed for each violation. Section 316.1945, Florida Statutes that deals with motor vehicle law says: (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, stand, park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (ii) On a sidewalk. (iii) Within an intersection. (iv) On a crosswalk. Parking a vehicle on a sidewalk constitutes a noncriminal traffic infraction in Florida, which is punishable as a nonmoving violation. 2. Fuel Tanks or Similar Storage FINE $50 Please see DCCRs Article IX (6) 3. Gazebos (Temporary Structure) FINE $50 Please see DCCRs Article IX (8) 4. Pets a) Nuisance Pets. Dogs off leash/defecating on property not owned by dog s owner. FINE $25 The Association s Board of Directors approved on July 27, 2015: dogs recorded off leash or defecating on property other than that belonging to the pet s owner, once ownership is established, is reported immediately to the Fine Review Committee to determine whether a fine should/should not be assessed regarding that violation. An Intent-to-Fine Letter is sent to the homeowner with 14 day notice to appeal. Effective February 1, 2017 Page 2
b) Restricted Breed of Dog. FINE $ 100 (Fine continues daily until issue resolved.) Please see the Planning Criteria: The following animals are restricted from the Community: Doberman Pinschers: German Shepherds: Rottweiler Pit Bulls/Staffordshire Bull Terriers (or any mix thereof); Chows; Great Danes; Presa Canorios; Akitas; Alaskan Malamutes; Siberian Huskies; Wolf hybrids; Or A MIX OF ANY OF THE AFOREMENTIONED. 5. Yard Accessories and Play Structures a) Toys/Play Equipment, Basketball hoops FINE $25 See DCCRs Article IX, (17); and Planning Criteria, Pages 2 & 3 b) Trampolines FINE $50 See Planning Criteria page 2 6. Trash/Trash Cans FINE $25 The first violation of this rule will receive an Intent to Fine reminder pertaining to trash receptacles; thereafter, a $25 fine will be assessed for each violation. If violation does not reoccur within 90 days, it will be closed. 7. Vehicles (Please see DCCRs Article IX (7) a) Commercial Vehicle FINE $25 b) Inoperable Vehicle FINE $25 c) Trailer/Boat/Camper Parking FINE $25 d) Resident/Tenant Street Parking FINE $50 On October 7, 2015, the Board of Directors published to every owner/resident a letter outlining and defining the parking policy of the Association. If a vehicle (verified by the Association s Private Investigator or the HCSO) belonging to a resident/tenant of the community is observed parked on the streets of the Association community, it is reported to the Fine Review Committee (FRC) immediately to determine whether a fine should/should not be assessed regarding that violation. Fines for parking on the streets are issued upon the first occurrence; however, those in violation will be provided due process with the normal 14 day notice to appeal to the FRC and any further occurrence of the same vehicle recorded parking on the street is assessed an additional fine for the same violation with due process being provided for any subsequent parking violations. FIRST a "Friendly" Reminder letter is sent to the homeowner. Then Effective February 1, 2017 Page 3
an Intent-to-Fine Letter is sent to the homeowner with 14 day notice to appeal. 8. Unapproved signage FINE $25 B. 7 Day: 1. Holiday Lights/Decorations FINE $25 See Page 1 of the Planning Criteria 2. Landscape Maintenance* a) Edging** FINE $25 b) Lawn Weed Treatment** FINE $25 c) Mowing** FINE $50 d) Mulch** FINE $50 e) Shrub Trimming** FINE $50 f) Tree Trimming** FINE $50 g) Weeds in Beds** FINE $25 h) Weeds in Sidewalk/Driveways FINE $25 ** If not completed within 15 days of receipt of violation, the HOA can contract to have the work completed and the Homeowner will be responsible for the charges. *Please refer to Article VIII, Section I. Landscape maintenance shall include without limitation irrigation, fertilization, weeding, mowing, trimming, spraying for insects and disease, and periodic replacement of damaged or diseased plantings and grass. Please refer to pages 2 and 3 of the Planning Criteria. Effective February 1, 2017 Page 4
C. 15 Day: Failure to get ARB approval. (Unapproved or Not Submitted for Approval) Article VII of the DCC&Rs site: No site work, landscaping, utility extension, drainage improvement, paving, driveway, swimming pool, pool enclosure, building, fence, wall, or any other physical or structural improvement, or change or alteration to the exterior of any existing structure or improvement, including change in color scheme, or to any existing landscaping, shall be commenced, erected or maintained until the plans showing such details as the nature, size; design, workmanship, shape, finished grade elevation, height, materials and color of the same, together with a landscape plan and a plot plan showing the location relative to boundaries and adjacent improvements of such proposed improvements or changes, all as applicable; have been approved in writing by the ARB. FINE $75 Driveway/Sidewalk Cleaning FINE $50 Power Wash Home FINE $50 Rental Agreement: Need Notice of Rental/Lease/Info Sheet FINE $75 Moving tenant in without prior compliance Individual Assessment: $300 Replace/Clean Mailbox FINE $25 Replace Damaged or Diseased Tree/Plants/Bushes FINE $50 D. 30 Day: 1. Air Conditioning Screening FINE $50 2. Exterior Electronic or Electric Equipment FINE $50 See DCCRs Article IX (12), Planning Criteria 3. Fence Repair & Clean FINE $50 4. Home Exterior Maintenance FINE $50 5. Paint FINE $50 6. Repair & Paint Cracks in Stucco FINE $50 7. Re-sod in specified areas FINE $50 8. Roof Discolored FINE $50 9. Trash Can Screening FINE $50 Effective February 1, 2017 Page 5
10. Storage Shed Removal FINE $100 11. Water Filter Screening FINE $50 12. Window Treatments FINE $25 See Planning Criteria III. HOW FINES ARE ASSESSED AND APPEAL PROCESS A. Section 720.305(2) Florida Statutes, states: The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. Fines accumulating to $1,000 or more are referred to the Association s attorney for collection. B. Homeowners who are identified with a violation as defined in Section II above may be sent a courtesy letter informing them of the particular violation(s) and timeframe for corrective action. Please keep in mind that violations are not all the same and some require immediate correction as some may be given more time for correction. C. After the courtesy letter is sent and the corrective action is not taken in the timeframe specified in the courtesy letter, the Association may take punitive action by assessing a fine(s) for failure to comply. Exceptions: ADA Parking and Nuisance Pets. D. Only one courtesy letter will be sent for owner to take corrective action and/or coordinate correction action plan with the Management Agent. Afterwards if a violation is not corrected another letter entitled INTENT TO FINE will be sent to the homeowner and the matter will be referred to the FRC for their review and appropriate action. E. The homeowner shall be given at least 14 days notification that the issue will go before the FRC if the violation is not corrected. The 14-day notification requirement provides the opportunity for the owner to appeal the violation, either in writing or in person, when the FRC reviews the matter. F. The day prior to the FRC hearing the matter, the HOA Management Agent does a physical review of each property scheduled for a FRC hearing, and photographs of the current condition are taken so that the current physical condition is available for FRC review. Effective February 1, 2017 Page 6
G. All open violations at that point are presented and reviewed by the FRC, and any owner appeals are heard, and then the FRC makes a Yes or No determination as to whether a fine should be levied. H. Results of the FRC actions are input into the HOA Management Company s system, which generates a letter, signed on behalf of the HOA Board of Directors, to all parties involved notifying them if a fine has been assessed or not. The owner s account is then debited for the appropriate fine amount. Following the hearing with the FRC, the violator shall have the right to request the Board of Directors to review the fine and or suspension issued if there are extenuating circumstances. To do so, the written request must be received by the HOA Property Manager within twenty (20) days from receipt of the notice of FRC action and invoice. The review by the Board of Directors is solely at its discretion and will only be based upon the written documentation presented by the violator within the required time frame that evidences extenuating circumstances. No review of the fine or suspension will be considered by the Board of Directors of any violation that was not first heard by the Fine Review Committee. Any invoiced costs and fines shall be paid as required and if the Board reverses the fine decision, the fine will be refunded. Properly documented appeal notices to the Board of Directors will be put on the Board s official agenda for the next Board meeting following receipt of the properly documented appeal. I. Any appeals decided by the Board of Directors will be recorded in their minutes and notice given to the Management Agent for action as may be required. IV. SUSPENSIONS A. The Association may suspend, for a reasonable period of time, the right of a member, or a member s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the Association. B. A fine or suspension may not be imposed by the board of administration without at least 14 days notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. C. If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the Association may suspend the rights of the member, or the member s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full. D. An Association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the Association that is more than 90 days delinquent. Effective February 1, 2017 Page 7
E. All suspensions imposed pursuant to subsection must be approved at a properly noticed Board meeting. Upon approval, the Association must notify the parcel owner and, if applicable, the parcel s occupant, licensee, or invitee by mail or hand delivery. Effective February 1, 2017 Page 8