Four draft motions, revised v3

Draft motion 4: Suspend Disputed Fines, Independently Review Enforcement and Adopt Fair Rules

Full draft text

I move that the Board review, formally document and furnish to every owner the complete rules and fine schedule under which violations are enforced, including fine amounts, escalation criteria, effective dates and all amendments; record the adoption and approval of those rules in the Association’s official records; and adopt a clear, uniformly applied written enforcement procedure consistent with Declaration Section 6.23. The procedure shall provide the required written demand, applicable opportunity to cure, written hearing notice, an opportunity to be heard, and preservation of the required notice and hearing documentation in the minutes. I further move that the Board immediately suspend the initiation, assessment, escalation and collection of discretionary covenant fines and nonessential enforcement actions while an independent, impartial review of the Association’s current and outstanding fines, enforcement matters, fine schedule, approval records and notice/hearing procedures is conducted. We request that the Board withdraw or waive pending or unpaid fines and nonessential enforcement actions found to be unsupported, inconsistently applied or procedurally deficient, and provide affected homeowners with a documented opportunity to seek reconsideration of other outstanding assessments. This request is subject to applicable law, court orders, binding settlements and the Association’s existing obligations; urgent health, safety and legally required enforcement shall continue. The Board shall commission an independent reviewer with no current management or Board affiliation within thirty (30) days, provide a written findings-and-recommendations report to all owners, with appropriate redactions for homeowner privacy, and propose a revised, clearly defined and equitable enforcement policy. Before implementation, the revised policy shall be furnished to all owners and presented at a properly noticed meeting of the Association with the quorum required by its Bylaws, permitting owner discussion and a recorded member vote on whether to endorse the policy. The Board shall document the vote and exercise any rulemaking authority that remains vested in it under Bylaws Section 4.11 and the Declaration. Until the review, disclosure and adoption process is completed, we request that new discretionary fines under undistributed rules or schedules not be imposed.

Note: A member vote to endorse a policy does not by itself transfer the Board’s legal rulemaking authority to the members. This motion requests the Board to submit its policy for member endorsement and to exercise its authority consistently with the governing documents. A member quorum alone is not sufficient for a motion to pass; applicable voting requirements must also be met. Waiver of final judgments, binding settlements or vested third-party claims may be legally restricted.

What this would accomplish

Asks the Board to publish its rules and fine schedule, pause discretionary fines during an independent enforcement review, waive fines found deficient, and bring a fair revised policy to a member endorsement vote.

Context

• Bylaws §4.11 gives the Board authority to adopt rules and impose fines; Bylaws Article VIII requires rules to be furnished to all owners; Declaration §6.23 sets the written demand, cure, hearing-notice and minutes steps.
• This independent enforcement review is separate from the independent financial audit requested in Motion 2.
• The suspension and waiver are requests, not an automatic injunction. They do not seek blanket retroactive removal of legally final fines, and urgent health, safety and legally required enforcement continues.
• It does not decide any specific fine or the disputed question of public-road authority.

Source / basis

Bylaws §4.11 and Article VIII; Declaration §6.23.

Proposer

Adam Moore

Seconder

Adam Clegg

Board response

TBD

Proposer and seconder are named by the homeowners preparing these drafts. Nothing here has been recorded in an Association minute, and no Board reply has been received.