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Click on this thumbnail to see a full sized pictures: Sunrise, map, sea side, sugar mill ruins, guard gate at entrance, aerial. This is an information informational site only. Refer to original documents or direct questions to the Judiths Fancy Owners Association.
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JudithsFancy Contact information |
Enforcement
Committee Happily,
the frequency of complaints and new enforcement actions brought to the Board for
Restrictive Covenants violations has dropped significantly. At this time, there
are no cases involving fines accumulating due to non-compliance, although there
are several actions under consideration. Enforcement
Actions during the last couple years have primarily been in three areas: ·
Renting a property to more than one tenant ·
Loose dogs ·
Building restrictions violations It
is important for Owners to understand that both the Board of Directors and the
Owners, individually, are equally empowered by the Restrictive Covenants to
enforce the terms of the Covenants on violating Owners through court action.
Unlike individual Owners, however, the Board has the authority to assess and
collect fines from violating Owners to encourage compliance avoiding the
associated high legal costs. The Enforcement Committee's role is
simply handle the correspondence and report on the status of enforcement
action to the Board. All
enforcement actions begin with either a complaint to the Board from an Owner or
result from information provided by the guard service in the normal course of
their work. The first step in any enforcement action is a letter to the Owner
explaining the problem or compliant and asking for the Owner's response. Most
matters are resolved at this stage without further action. If
no response is received, then, the Board may proceed with additional warning
letters or directly to the assessment of a fine. Fines require an approval vote
by 2/3rds of the Board and maybe assessed up to $25 per day. Fines
accumulate while the violation is occurring and are billed annually to the
violating Owner to be paid along with the annual assessment. An
Owner is welcome to come to a Board meeting or send a representative to dispute
the facts or provide an explanation of extenuating circumstances related to any
enforcement action. After any such hearing, the Board again reviews its
position. Enforcement
actions do require considerable time and paperwork by your volunteer Board
members; so, if you are considering making a complaint about a neighbor, please
try to resolve the problem yourself first.
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Send mail to
donebner@yahoo.com with questions or comments about this web site.
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