NOTICE OF VIOLATION

A Notice of Violation may be issued for each observed violation of the Rules and Regulations listed in this manual. The restrictions of the CC&R’s also apply. Be sure you read and understand them.

A Notice of Violation may be issued by:

1. A member of the Board of Directors.

2. A Security Guard.

3. The Management Company.

Failure to correct the reason for the Notice of Violation within the prescribed time will result in further action by the Board. Any witnesses the Board of Directors wishes to present regarding the violation and the person(s) issuing the Notice of Violation may be required to attend the meeting. The alleged violator may bring his or her own witnesses to the hearing whose testimony will be relevant to the violation at issue. If the alleged violator wishes to bring (2) or more witnesses, he or she must give a minimum of 24 hours notice in writing to the Management company.

The person cited will be given the opportunity to contest the matter at a scheduled meeting of the board. Any witnesses to the violation and person(s) issuing the Notice of Violation will be required to attend the meeting.

Based on the facts and evidence presented, the Board may at its discretion:

1. Levy a penalty assessment in accordance with the schedule below. Penalty assessment will be payable within (30) days of the date of such Notice and will be billed as part of the monthly Association dues.

2. Rescind privileges to pools and common facilities, including voting privileges.

3. Initiate legal action.

4. Other action appropriate to the violation, depending upon the nature of the violation.

5. Grant an extension of the time allowed to correct the violation, in which case the Board will also determine the action to be taken in the event it is not so corrected.

6. Dismiss the action for lack of substantive evidence.

7. Any further action permitted by the legal document.

The owner and/or occupant will be given written notice of the Board’s action. Should the person being cited desire, the Board may grant an appeal. The appeal must be presented to the Board of Directors in writing within (15) days of the written decision by the Board of Directors and there must be a reason stated for the appeal (for example, new evidence). The Board of Directors, at its discretion, may grant the appeal and re-open the hearing to consider the appellate issues raised by the owner.

SCHEDULE OF PENALTY ASSESSMENTS

The Board reserves the right to assess penalties for violations in excess of the schedule shown above if it deems the offense serious enough to create a hazard to life, limb or property of the homeowner(s) or the Association, or for violation of the architectural Rules and Regulations. In addition, the Board reserves the right to impose the loss of key privileges to all common areas, including suspension of voting privileges for a specific period of time to be determined by the Board. 

TENANT VIOLATIONS

Tenants and immediate family members of the resident are bound by the Rules, Regulations and the CC&R’s and are subject to the enforcement of it by the Board of Directors. The homeowner will be liable for payment of special assessments resulting from damage caused to community property or violations committed by tenants and/or their guests.

GUEST VIOLATIONS

Homeowners or their tenants will be held totally responsible for the actions of their guests while on community property. A Notice of Violation may be issued to a homeowner or tenant if a guest commits a violation. It is the responsibility of homeowner or tenants to advise guests of a rule or regulation that may apply (parking, speeding, pet control, pool rules, or any other rules that may affect the rights of residents).

REPORTING VIOLATIONS

Any resident may report a violation by contacting the Management Company and submitting said violation report in writing.

NOTE:  Loud parties, loud cars, loud stereos, barking dogs, or any general nuisance calls should be first directed to the POLICE, then to the Association Security Guard, and a report of the violation submitted in writing.

Any controversies between residents that are not a result of a violation of the Beachwalk Rules and Regulations are a CIVIL or CRIMINAL matter and should be handled by an attorney and/or the POLICE.

USE OF RECREATIONAL AREAS

All recreational facilities in Beachwalk are for the use of residents and guests only. The Board of Directors has instructed the security guards to verify resident status by checking that the current users have a pool key/FOB with them. The security guards will instruct those persons without keys/FOB to leave. When this occurs the guards are doing the job they were hired to do. If you are going to use one of the recreational facilities, take a key/FOB with you, otherwise you will be directed to leave. If you refuse to leave, a citation may be issued or the police may be contacted.

BEACHWALK CITATIONS

COURTESY NOTIFICATION LETTER: You have violated one of Beachwalk’s rules as indicated in the Homeowners Rules and Regulations.

FIRST WARNING NOTICE: No formal action will be taken at this time; however a record of this offense will be on file. Further incidents may result in a fine or action by the Board of Directors.

NOTICE OF VIOLATION HEARING: Formal action on this notice will be discussed at the next Board Meeting. You may be requested to appear for a hearing at a later date.