Fines & Enforcement Policy

The Board of Directors (the “Board”) of Westside at Buttercup Creek Homeowner’s Association, Inc. (the “Association”) had determined to revise its policy regarding fines.

This revised policy adopted by the Board on October 18, 2018. This policy format supersedes any and all prior fine or fining policies.

Policy

This policy applies to all violations of the Westside at Buttercup Creek Declarations, Bylaws, and any Rules of Guidelines adopted by the Modifications Committee of the Board (the “Restrictions”). The Association uses fines to discourage violations of the Restrictions and to encourage compliance when a violation occurs - not to punish violators or generate revenue for the Association. Although a fine may be an effective and efficient remedy for certain types of violations, or violators, it is only one of several methods available to the Association for enforcing compliance with the Restrictions.

Procedure

If the Owner has not been given notice and a reasonable opportunity to cure the same or similar violation type in the preceding six (6) months, then the violation is a new violation. For new violations, the Association will send the Owner a courtesy notice via regular first class mail describing the violation and violation type and give the Owner a reasonable time to cure the violation.

If the violation is not cured in the time specified in the first violation notice, a second violation notice shall be sent by certified mail to the Owners last known address and shall:

(1) inform the Owner of an impending fine(s), describe the violation o f the Restrictions that is the basis of the impending fine(s), state the amount of the impending fine(s), and state any amount due to the Association from the Owner;

(2) inform the Owner that he or she: (a) may request a hearing before the Board on or before the 30th day after the date the second violation notice was mailed to an owner and (b) may have special rights or relief related to the enforcement action under federal law, including the Service Owners Civil Relief Act (50 U.S.C. App. §501 et seq.) if an owner is a service Owner on active military duty; and

(3) inform the Owner that she he or she is entitled to a reasonable period to cure the violation and specify the date by which the Owner must cure the violation in order to avoid the fine. The Association i s not required to provide a reasonable period t o cure the violation if the violation is not of a curable nature or poses a threat to public safety or health.

A Owner must submit a written request for a hearing to the Association manager (or the Board if there is no manager) within 30 days of the receipt of the violation letter and a hearing will be scheduled within 30 days following the date the request is received.

In the event an attorney is retained to enforce compliance or collection of any monies due the Association, the Owner is responsible for all associated costs.

PLEASE NOTE that if the same or similar violation has occurred within the previous six (6) months, then the violation is a repeat violation and an Owner may be liable for fines without a period of time to cure. If a fine has been assessed, it will be noted in the violation letter and will be sent by certified mail.

Schedule of Fines

If the violation is not cured in the time frame provided in the second violation notice and/or is of incurable nature or poses a threat to public safety or health the Association may impose fines in accordance with the following Schedule of Fines:

Schedule of Fines for Residential Lots

1. A third violation notice will be sent by certified mail to the Owner and a $25 fine will be assessed against the Owner and an additional $11 charge for the certified letter will also be charged to the Owner.

2. A fourth violation notice will be sent by certified mail to the Owner and a $50 fine will be assessed against the Owner and an additional $11 charge for the certified letter will also be charged to the Owner.

3. Any subsequent violation notices will be sent b y certified mail to the Owner and a $100 fine will be assessed against the Owner for each subsequent violation notice and an additional $11 charge for the certified letter will also b e charged to the Owner for each subsequent violation notice.

Schedule of Fines for Commercial Lots

1. A third violation notice will be sent by certified mail to the Owner and a $250 fine will be assessed against the Owner and an additional $11 charge for the certified letter will also be charged to the Owner.

2. A fourth violation notice will be sent by certified mail to the Owner and a $500 fine will be assessed against the Owner and an additional $11 charge for the certified letter will also be charged to the Owner.

3. Any subsequent violation notices will be sent by certified mail to the Owner and a $1000 fine will be assessed against the Owner for each subsequent violation notice and an additional $11 charge for the certified letter will also be charged to the Owner for each subsequent violation notice.