ARTICLE XV
VIOLATION OF GOVERNING DOCUMENTS
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Violations.
Authority and Enforcement.Failure to abide by the Declaration of Covenants, Conditions and Restrictions for Braemoor; the Supplementary Declaration of Covenants, Conditions, Easements and Restrictions for Braemoor Subdivision ("Supplementary Declaration"); the Amendment to the Supplementary Declaration; the Second, Third or Fourth Supplemental Declarations of Covenants, Conditions and Restrictions for Braemoor Subdivision and Provisions for Braemoor Homeowner's Association, Inc.; any additional amendments/supplements to the above-referenced documents; the By-Laws of the Association; the Amended By-Laws of the Association; any additional amendments/ supplements to the By-Laws of the Association; the Architectural Standards/ Specifications for Braemoor Homeowners Association, Inc.; any amendments/ supplements to the Architectural Standards/Specifications of the Association; any Rules/Regulations of the Association; and any amendments/supplements to any Rules/Regulations of the Association (all of which are hereinafter collectively referred to as "the governing documents") adopted by the Board, the Association, the ARB and/or the Covenants and Restrictions Committee shall be considered a "violation" and will constitute grounds for an action, brought by the Association, the Association's Board, the Association's Architectural Review Board, and/or any aggrieved Owner, to recover damages and/or obtain injunctive and/or equitable relief.
If any such action is taken, the party (s) taking the action shall be entitled to interest, costs of collection and reasonable attorney's fees/costs/expenses in addition to any other assessments/amounts owed. No delay, failure or omission on the part of the party attempting to enforce the governing documents shall be construed as an acquiescence thereto nor shall it be deemed a waiver of the right to enforce the violation or breach.
When an Owner has failed to pay monies owed to the Association, to the Board, to the Covenants and Restrictions Committee and/or to the ARB, the remedies available are outlined above and in the other governing documents for the Association.
However, when there is a violation of the governing documents as described in subpart (a) above (other than the failure to pay monies owed) by any Owners and/or the Owner's occupants, tenants, family and/or guests, the Board of the Association shall have the power to enforce the following sanctions in addition to the rights stated in this document and in the other governing documents:
- Impose reasonable monetary fines which shall constitute an equitable charge and a continuing lien upon the Lot/property;
- Suspend an Owner's right to vote in the Association; and/or
- Suspend an Owner's right (and the right of such Owner's occupants, tenants, family and/or guests) to use any of the Recreational Amenities. Any such suspension of rights may be for the duration of the infraction and for any additional period thereafter, not to exceed sixty (60) days.
The Board, pursuant to Article X of the By-Laws, may appoint other committees as deemed appropriate, and may also designate a chairman of said committee. To facilitate the enforcement of the governing documents, the Board shall appoint a three (3) person Covenants and Restrictions Committee, each with one year terms, renewable, along with a Chairman to serve during their term. Additionally, the Board shall appoint a three (3) person Architectural Review Board, each with one year terms, renewable, along with a Chairman of that Board to serve during their term. Violation notices will originate from the Covenants and Restrictions (C&R) Committee and/or the Architectural Review Board (ARB).
Except with respect to the failure to pay monies owed to the Association, to the Board and/or to the ARB and / or the Covenants and Restrictions Committee, the Board shall not take any action against a violator of the governing documents or impose a fine, suspend voting rights or infringe upon or suspend any other rights of an owner or other person stated above for violations of the governing documents, unless and until the following procedure is followed:
Written demand to cease and desist from an alleged violation shall be served upon the Owner responsible for such violation specifying:
- The alleged violation
- The action required to abate the violation; and
- A correction period during which the violation may be abated without any sanction if such violation is not a continuing one (i.e., it is a first time violation of a particular provision of the governing documents, or it is a violation of a particular provision of the governing documents where there have been no other violations of the same provision within the fiscal year of January 1st to December 31st); Or, if the violation is a continuing one, i.e., it is not a first-time violation and/or it is a violation of the same provision of the governing documents that occurred within the same fiscal year stated above, it shall contain a statement that any further violation of the same provision of the governing documents may result in the imposition of sanctions after notice and a hearing.
- Violations and Correction periods
Violation | Correction Period |
House Repairs | 60 Days |
Wood Replacement | 60 Days |
Painting | 60 Days |
Power Washing | 30 Days |
Yard Clean-up | 10 Days |
Grass Cutting | 10 Days |
Trimming and Edging | 10 Days |
Removal to Back Yard and Out of Sight | |
Stowing Trash Cans (Out of Sight) | 1 Day |
Boats/Campers/Trailers | 3 Days |
Pods-Moving Storage | 10 Days |
Repairing Cars and Trucks (unless in garage) | 3 Days |
Any Activity not Delineated Above | 30 Days |
Alleged Violation without Abatement or Alleged Continuing Violation.
If the violation continues past the period allowed in the demand for abatement without penalty, or if the same violation subsequently occurs, the Board may serve such Owner with written notice of a hearing to be held by the Covenants and Restrictions Committee and/or Architectural Review Board. The notice shall contain:
- The nature of the alleged violation
- The time and place of the hearing, which time shall not be less than ten (I0) days from the service of notice
- An invitation to attend the hearing and produce any statement, evidence and witnesses on their behalf; and
- The proposed sanction to be imposed
Hearing before the C&R Committee / ARB.
The hearing shall be held before the C&R Committee/ARB pursuant to the notice and shall afford the alleged violator a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder or course of action decided upon, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director or other individual who delivered such notice.
The notice requirement shall be deemed satisfied if an alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction imposed, if any, and the course of action decided upon.
Any sanction, fine or other course of action taken is not final and binding until the end of the above process (the end can come about by virtue of no hearing being requested, an unappealed ruling of the C&R Committee/JUIB or a decision rendered on appeal by the Board). Once a final decision is reached, it must be mailed to the violator within seven (7) days. Any decision of the C&R Committee and/or ARB must be by a majority of the members of that Committee (a quorum for purposes of holding a meeting/making a decision is two (2) members). The general requirements of due process shall be observed at all times.
If, however, the same violation occurs after the hearing within the same fiscal year as defined above, the Board may take action and/or may impose fines/sanctions which are effective on the date of the Notice sent to the violator of the recurring violation (and no additional hearings, notices or correction periods will be offered or required prior to said action / sanctions/fines becoming final/taking effect). Stated differently, violations and the remedies for those violations, i.e., fines and the other rights stated above, are deemed cumulative within the same fiscal year.
Appeal of Decision by the C&R Committee and / or ARB.
If the Owner or other person/entity on the losing end of the decision by the C&R Committee / ARB decides that they would like to appeal that decision, they are entitled to be heard. Specifically, this Owner or other person/entity may appeal this decision directly to the Board within thirty (30) days of that decision being served upon the violator. The appeal must be made in writing and must clearly explain the violator's position and reasons for the appeal. The appeal shall be mailed to:
Braemoor Homeowners Association, Inc.
Board of Directors
P.O. Box 719
Goose Creek, SC 29445The Board shall put these appeal requests on the agenda of the next meeting. However, the Board shall not put these appeals on the agenda for the meeting unless the appeal is timely and in writing. When each appeal is reached at the meeting, the violator is entitled to present evidence, confront (cross-examine) witnesses called against them and call their own witnesses in support of their case. There are no formal rules of evidence when these appeals are heard; rather, the officer running the meeting shall be in charge of the orderly flow of this process. Once the Board votes as provided in the By-Laws regarding the appeal(s) at that meeting, those decisions are final with no further right to appeal. The general requirements of due process shall be observed at all times.
Fines and Due Dates (as used in this section, "violation" means a violation of any provision, not necessarily the same provision).
1st violation---$25.00 (due within 14 days)
2nd violation--$50.00 (due within 14 days)
3rd violation (and any subsequent violations)--$100.00 (due within 14 days)
Served, as used in this Section, shall mean hand-delivery to the Owner's doorstep or U.S. mail to the Owner's last known address. A person or entity is deemed to be served when hand-delivery is accomplished or three (3) days after placing the document in the U.S. mail, postage prepaid.