King City Civic Association Resolution: Use Restriction-Property/LARC 2012-103
COMPLAINT RESPONSE PROCEDURE
CC&Rs Article VI, Section 2.E; Article VII, Section 2; Article VIII; Bylaws Article VII; ORS 94.630(1)(a) and (1)(n)(B); ORS 94.777;
The primary objective of the Association is to obtain compliance with the landscape, architectural design, and use restrictions of the Association's governing documents, and not to penalize the Owners or Members of the Association or collect penalties and fines. However, if an Owner or Member, after being notified of an infraction of such documents persists in an infraction without remedy, the Association has the responsibility and authority to direct the Owner to correct the infraction and/or be subject to fines.
Further, the Association's Board of Directors in Bylaws, Article VII, has the authority and hereby establishes the Landscape, Architectural Review and Compliance (LARC) Committee, and grants this Committee the limited authority to enforce the Association's CC&Rs Article VII, Sections 1 through 8, and any amendments and resolutions related thereto. The Board further grants the LARC Committee the authority to assess fines and penalties, as provided in the Association's governing documents, and subject to the right to a hearing before the Board.
All complaints and alleged violations of the governing documents shall be investigated and resolved through the following procedures:
- Complaints will be referred to the appropriate person(s) for resolution.
- Complaints dealing with landscape issues, architectural issues, parking, signs, garbage and refuse containers, and property maintenance, plus certain other types of complaints, will normally be referred to the LARC Committee for response and/or resolution. A complaint may also be initiated by the LARC Committee while the Committee performs property inspections.
- Complaints dealing with issues of residence, rental units, and other similar types of complaints, will normally be referred to the Administrator for response and/or resolution.
- Complaints involving nuisance or pet issues may be referred to the LARC Committee, the Administrator, or referred to the Police Department, depending on the nature of the situation.
- When a complaint results from behaviors or situations that are beyond the scope of the governing documents and the Oregon Planned Community Act, the complainant will be notified that they need to pursue other avenues to have their complaint resolved. No advice regarding which avenues might be pursued will be offered.
- Complaints referred to the LARC Committee will normally be investigated by the Committee Chair. If a violation exists, (s)he will communicate informally with the Resident to attempt correction of the violation. If informal attempts to resolve the problem are not successful, a letter will be sent to address the situation, as outlined below. Serious problems may be accelerated directly to the written process.
- Complaints involving residence and rentals, certain nuisance complaints, and some other types of complaints, will be investigated by the Administrator. When it is determined that a violation exists, a letter will be sent to address the situation, as outlined below.
- The letter will state the nature of the alleged violation, and cite the governing documents, a timeframe for remedying the violation, and invite the alleged violator to contact the Office to discuss the situation, if desired. A copy of the letter will be inserted into the property file of the Owner/Resident. If there is a known rental situation, notice will be sent to the Owner with a copy to the Resident.
- When instances arise whereby an alleged violation is not corrected within the timeframe stated in the initial letter, a second letter will be sent. This letter will include a reference to the first letter, the nature of the alleged violation, cite the governing documents, offer a timeframe for bringing the situation into compliance, and the opportunity to request a hearing before the Board of Directors within 10 business days of the date of the letter. It will also outline the fines that may be assessed if the violation is not corrected, and a request to contact the Office once the alleged violation is corrected, so that compliance may be verified. This letter will be sent both First Class and Certified mail.
- If an Owner requests a hearing before the Board of Directors, the Board may hold a hearing during a Board Work Session, or at the end of the Open Forum portion of a Regular Board Meeting. If a hearing is held at a Board Work Session, no decision will be made at that time, but a decision will normally be made at the following Regular Board Meeting; however, the Board reserves the right to table a matter until a subsequent Board Meeting. When there is no request, the Board will hold a default hearing.
- In instances where an Owner is not able to be present, the Owner may appoint a personal representative or agent to address the Board on his/her behalf. If an Owner intends to appoint a lawyer as personal representative, or bring a lawyer to a hearing, the Owner must inform the Association at least 10 days in advance, to give the Association the opportunity to have the Association's lawyer present. In such instances, the Association reserves the right to delay or reschedule a hearing if the Association's lawyer is unavailable at the scheduled hearing time.
- After the Board renders a decision, the Owner will be notified of the decision by written letter, sent not more than 10 business days after the decision. If the Board has decided to uphold a fine, the fine may commence according to the original schedule communicated in the second letter, or it may initiate the fine subsequent to the decision, depending on the nature of the violation. When a fine is levied, the letter will include a request that the Owner contact the Office once the violation has been remedied, so that compliance may be verified. Once compliance has been verified, the Owner will be sent an invoice for the amount of fine accrued. The amount will be considered due immediately and considered late if not paid within 30 days.
- In instances where a Lot is not brought into compliance on a timely basis, monthly billing of the amount due in fines will be sent. If fine amounts owing are not paid within 75 days, and the amount of fines exceeds $300.00, the Board may send the file to collections. Additionally, the Board may refer a Lot which is not brought into compliance, for legal action. However, before filing a lawsuit, the Board must offer a Washington County dispute resolution program to the offending party.
- Individual Lot/Unit Owners are responsible for assuring that the Association has current Owner contact information, including (but not limited to) phone numbers, mailing addresses, email addresses, and alternative contact information. Successful notification is based on the date of the telephone call or First Class mailing of the notice, whether or not the Lot/Unit Owner's phone number and address are correct in the Association's records.
IT IS RESOLVED this ___ day of February 2012 by a majority vote of the Board of Directors and effective upon distribution of the Association's March 2012 Newsletter
King City Civic Association
By Terry Shane, President By Maxine Van Dyke, Secretary
Adopted 7/15/08; Revised and Restated 02/14/12