On July 20, 2020 the board adopted the TLVA Compliance Policy, then on August 10, 2020 it was designated Rule 8 of the Bylaws. The following Q & A was used as the script for two information sessions. We hope you will find it useful.
Q 2: Why do we need a compliance policy?
A 2: There are times when, failing neighbor to neighbor resolution, or Board to member resolution additional measures need to be available to secure compliance with the CC&Rs. This Compliance Policy specifies what actions the Board can take to secure compliance.
Q 3: Isn't TLVA covered by the SBCA Compliance Policy?A 3: SBCA does have a Compliance Policy allowing its Board to ensure its CC&R are followed. However, the SBCA Compliance Policy does not cover TLVA Common area. The TLVA Compliance Policy addresses TLVA common area only — violation that occur on your Lot are subject to SBCA CC&Rs and the SBCA Compliance Policy.
Q 4: How are Permissive Land Use Agreements (PLUA) effected?
A 4: PLUAs are TLVA common area, and any violations occurring on a PLUA will be subject to the TLVA Compliance Policy.
Q 5: What types of fines are there?
A 5: As with the SBCA policy there are two types of fines: fines related to ARC related violations and those related to Conduct violations.
Q 6: Are the dollar amounts the same for both types of fines?
A 6: No. ARC violation fines are dependent on the type failure to correct.
Conduct violations as found in CC&Rs 10.5 are the sole type of violation and fees dependent on action (or lack of) on the part of the member.
Q 7: How will a homeowner be notified of a complaint? What is the process?
A 7: There is a potential 14 step process beginning with written notification to the homeowner. As the review of the complaint progresses, the homeowner is notified in writing at each step. From the initial step the homeowner has the ability to tell the Board their side of the story.
Q 8: If the homeowner disagrees with the Board's decision, what happens?
A 8: The homeowner may request a hearing – there are time frames related to the request so it's important that the homeowner file a timely request.
Q 9: If the homeowner is notified of a violation and takes no actions, what happens then?
A 9: If the violation is not corrected, fines will continue to accrue. During this time period if a hearing is not requested timely (14 days from the date of the non-compliance letter) it is considered a waiver of the member’s right to challenge the determination.
Q 10: How are the date and time of the hearing determined?
A 10: A mutually convenient time will be set. Failure of the homeowner to appear at the scheduled hearing constitutes a waiver of the opportunity to be heard.
Q 11: Can someone attend the hearing and speak on the homeowner’s behalf?
A 11: Yes, there are notification procedures included with the Request for Hearing, but other member or witness comments will generally be limited to 3 minutes.
Q 12: How is a decision made after the hearing?
A 12: The Board meets in Executive session to make its decision. The homeowner is notified in writing of the decision, and the notification will include whether a violation has occurred, or not, and any fine that is being assessed.
Q 13: How long will it take the Board to render a decision?
A 13: The Board will make every effort to respond within 21 days of the hearing.
Q 14: Can the homeowner request a new hearing?
A 14: No. However, the homeowner may request reconsideration upon showing something has been overlooked. A letter must be submitted to the Board within 10 days of the Notice of Decision and state why reconsideration is warranted.
Q 15: What happens if the violation continues?
A 15: The Board will review the issue and determine next steps.
Q 16: How are the fines collected by the Association?
A 16: The Board will review the issue and determine next steps. Fines imposed are considered assessments under the Governing Documents and are subject to the same imposition of late fees, interest and placement of a lien upon the property.