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Saturday, September 21, 2019

Covenants Enforcement

Policy Memorandum #2016-1 
07 January 2016

It is the policy of the Gleneagle Civic Association (GCA), a Colorado nonprofit corporation, as successor in interest to the declarant with respect to the Declaration of Covenants, Restrictions, and Charges for Gleneagle subdivisions, to enforce compliance with these covenants on the part of all property owners and residents within the GCA community in an equitable and consistent manner. This will be accomplished through a Covenants Control Committee (CCC) made up of GCA members reporting to the GCA Board of Directors. The CCC will make periodic surveys of the GCA neighborhood for covenants compliance, take note of complaints submitted by any residents or owners, and report all violations and complaints to the Board. Thereafter, the Board may effect correction of such reported infractions. All actions taken pursuant to this Policy Memorandum shall be authorized by and within the scope of Section 146 of the Declaration.

Procedures

The Covenants Control Committee – The Covenants Control Committee will comprise a chairman and at least four members. The chairman shall be a member of the Board of Directors of the Association. Each of the four regions of the GCA community – Northeast, Northwest, Central, and South -- will be the responsibility of at least one member of the CCC with respect to covenants enforcement.

Surveys – Members of the CCC will conduct surveys of their respective regions approximately once per month and take note of any apparent covenants infractions readily visible from the street. They will also note any construction, landscaping or major maintenance projects underway.

Infractions – Infractions will be categorized as either transient or non-transient in accordance with a list derived from descriptions contained in the covenants and approved by the Board of Directors.

Complaints – Any resident of the GCA community may report a possible transient or non-transient covenants infraction to a member of the CCC or the Board of Directors.

Construction, Landscaping and Major Maintenance Projects – All such projects noted in the surveys or identified by a resident will be brought to the attention of the chairman of the Architectural Control Committee (ACC). In cases where the chairman of the ACC has not approved a project, it will be treated as a non-transient infraction.

Initial Contact Regarding an Infraction – Upon receiving notice of an infraction from the CCC or from a resident of the GCA community, the Board shall cause a letter to be sent to the resident of the affected property identifying the infraction to his/her attention and requesting correction within 30 days for non-transient infractions and 7 days for transient infractions. In cases where the resident is not an owner, e.g. a lessee, a copy of the letter will be sent to the owner. The letter will be signed by the CCC Chairperson or another GCA Board member, and a phone number will be provided for the resident or owner, as appropriate, to call for more information, if desired. The Board will maintain a list of all covenant issues being addressed within the community at any given time.

Initial Follow-up – Approximately 10 days after a letter declaring a transient infraction is sent or 35 days after a letter declaring a non-transient infraction is sent, a CCC member will inspect the residence to see if the infraction has been remedied. For infractions that have not been corrected, but the resident or owner has stated his/her intention to take action, the Board may exercise judgment about whether to allow additional time before taking further action.

Subsequent Follow-up – In the case of infractions for which no response is received or observed, the Board will send a second letter entitled SECOND NOTICE by certified mail to the same addressees as previously notified. The Second Notice will note the infraction, the earlier letter, the lack of response, and the action that may be taken; the Owner's right to be heard, either orally or in writing, by a committee appointed by the Board at a meeting of the Board which is at least fifteen (15) days after the date of notice; the date on which the hearing will be scheduled; and if the Respondent fails to appear at the specified date and time or otherwise respond to the Complaint, the Board will proceed with or without a hearing, at its discretion, to make its determination of the allegations contained in the Complaint based on all relevant facts and circumstances.


Hearing. Each hearing shall be held at the scheduled time, place, and date, unless the Owner has failed to respond or appear at the hearing. The Board may grant continuances for good cause. Each hearing shall be held by a Hearing Committee. The Hearing Committee shall consist of a person or persons appointed by the Board, which may be the Board itself, who do not have any direct personal or financial interest in the outcome of the hearing. A person is deemed not to have a direct personal or financial interest if he/she will not receive any greater benefit or detriment from the outcome than will the general membership of the Association.


The Hearing Committee may:

(a) exercise its discretion as to the specific manner in which a hearing shall be conducted;

(b) question witnesses and review evidence; and

(c) act as it may deem appropriate or desirable to permit it to reach a just decision. The Owner need not be in attendance at the hearing, but it is encouraged to attend. Any decision by the Hearing Committee shall be fair and reasonable taking into consideration all of the relevant facts and circumstances.


Decision. If the Owner does not appear but a written response is filed, the Hearing Committee shall render its decision based on the information availabelt to it, including any written response, considering all of the relevant facts and circumstances. If neither an appearance nor a written response is mafe byt the Owner, the Hearing Committee need not conduct a hearing or make any further findings except that it may determine that the Owner's failure to appear or respond constitutes a waiver of the right to a hearing, and impose the sanctions provided for herein. If an appearance is made, after all testimony and other evidence has been presented to the Hearing Committee at the hearing, the Hearing Committee shall render its decision(s), taking into consideration all of the relevant facts and circumstances. If the Hearing Committee does not inform the Owner of its decision at the time of the hearing, or if no hearing is held, the Hearing Committee will provide a written notice of the decision to the Owner's address of record via regular U.S. mail.


Enforcement. The provisions of this policy shall not limit, or be a condition precedent to, the Association's right to enforce the Declaration of Covenants, Restrictions, and Charges or Rules and Regulations by any means available to the Association, including, but not limited to, commencement of a lawsuit to force compliance or seeking injunctive relief or damages. The Association shall be entitled to reimbursement of all reasonable attorney's fees and costs incurred by the Association in connection with any enforcement action, including any proceeding under this policy. Without limiting the Association's remedies under the Documents, the Hearing Committee may assess fines, suspend membership privileges, and impose other sanctions in accordance with this policy. If the violation involves damage to Association property, the violator shall also pay the costs of repair or replacement.


Habitual Offenders and Continuing Violations. A Member who accumulates more than three (3) violations within a twelve (12) month period will be deemed to be a habitual offender. For habitual offenders, continuing violations, or violations which have an indefinite commencement or termination date, the Hearing Committee may impose such additional fines as are deemed reasonable by the Hearing Committee without regard to the schedule set forth below.


Willful and Wanton Violations. In the event of a determination by the Hearing Committee of a willful, wanton, or flagrant disregard for the provisions of the Documents, or based on the severity of the violation, the Hearing Committee may impose such additional fines as are deemed reasonable by the Hearing Committee without regard to the schedule set forth below.


Responsibility for Actions of Tenant or Guest. Members shall at times be responsible for the actions of their tenants and guests. In the event that a Member's tenant or guest violates the Documents and a fine is imposed, the fine shall be assessed against that Member.


Violations or Offenses that Constitute a Present Danger. If, in its sole discretion, the Board deems that any alleged violation is or may be an immediate or substantial threat to the health, safety, or welfare of the community or an individual, the Board may take the appropriate action necessary to abate the threat to health, safety or welfare of the community or individual.


If at any point during this process, the infraction is remedied, the Board may elect to forgive all or part of the fines accrued to date if requested to do so by the resident or owner and presented with suitable justification.


Enforcement Schedule – Non-transient Violations

Approximate Times/Action
Day 1: Initial letter sent
Day 35: Property resurveyed for correction of infraction
Day 40: Second letter sent with notice of right to hearing, if no action by resident or owner

Day 75: Property resurveyed for correction of infraction
Day 80: Board determines appropriate action
Day 150 (or later at Board discretion): Board considers lien or collection action if fines not paid

Enforcement Schedule – Transient Violations

Approximate Times/Action
Day 1: Initial letter sent
Day 10: Property resurveyed for correction of infraction
Day 15: Second letter sent with notice of right of hearing, if no action by resident or owner
Day 25: Property resurveyed for correction of infraction
Day 30: Board determines appropriate action
Day 65 or later: Board considers lien or collection action if fines not paid

Record Keeping – The CCC on behalf of the Board will maintain accurate records of all actions taken with respect to covenant infractions.

Board of Directors Action – The Chairman of the CCC or his/her designee will report to the Board of Directors at its regular monthly meeting all covenants infractions that are being addressed. For each infraction that has reached the point where a fine has not been paid for 60 days or more after being levied or no other accommodation made, the Board shall make an explicit decision whether to pursue any of the remedies available to it, including a collection action, filing a lien against the property or taking some other action.

Fine Schedule – The schedule of fines for non-transient and transient infractions is as follows:
Non-transient Covenant infractions of the following nature may incur fines in the range of $200- $400, beginning no less than 60 days after the initial notice of the infraction:

  • Residence construction violations
  • Painting schemes
  • Easements
  • Storage sheds
  • Setback & lot line violations
  • General building standards
  • Fences
  • Destroyed or damaged structures
  • Grading
  • Roofing materials
  • Landscaping

Non-transient infractions of the following nature may incur fines in the range of $50- $100, beginning no less than 60 days after the initial notice of the infraction:

  • Garages & driveways
  • Junk vehicles
  • Exterior maintenance of structures
  • Weed & Brush control
  • Unsightly property conditions
  • Antennas & Clotheslines
  • Yard Maintenance
  • Animal & Pet issues

Transient Covenant infractions of the following nature may incur fines in the range of $25- $50, beginning no less than 14 days after the initial notice of the infraction. This fine schedule may be applied over a period of time or per occurence:

  • Unauthorized parking
  • Trash & garbage cans
  • Vehicle maintenance
  • RVs, Campers, Trailers
  • Unauthorized signs
  • Maintenance equipment
  • Offensive activities
  • Nuisances on Property

Repeat of Fines:

Assigned fines may be repeated automatically until the violation is corrected as determined by the Board.

Approved by vote of the Gleneagle Civic Association Board of Directors on January 7, 2016.

 

Kevin A. Deardorff

President, GCA Board of Directors

 

 

 

Gleneagle Civic Association

P.O. Box 31

Monument, CO  80132