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:
A. A member of the Board of Directors.
B. A Security Guard.
C. 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 Seabreeze Management Company Inc.,
Attn: Beachwalk Account Executive, 30 Argonaut, Suite 100, Aliso
Viejo, CA. 92656, to allot for the appropriate duration of the hearing.
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:
A. 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.
B. Rescind privileges to pools and common facilities.
C. Initiate legal action.
D. Other action appropriate to the violation, depending upon the
nature of the violation.
E. 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.
F. Dismiss the action for lack of substantive evidence.
G. 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.
First offense $ 50.00
Second offense (same violation) $100.00
Third offense (same violation) $200.00
Fourth offense (same violation) $1,000.00
Thereafter (same violation) $1,000.00
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 for a specific period
of time to be determined by the Board.
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.
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).
Any resident may report a violation by contacting a member of the
Board of Directors; the Chairman of the Rules and Regulation’s
Committee, or the Management Company and submitting said violation
report in writing.
NOTE: Discretion should be used in making telephone call as to the
hour of the night.
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 the 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.
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 with them. The security guards will instruct those
persons without keys 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 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.
You have violated one
of Beachwalk’s rules as indicated in the Homeowners Guide.
No formal action will be taken
at this time, however a record of this offence will be on file.
Further incidents may result in a fine or action by the Board of
Directors.
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.
NOTICE OF TOW AWAY
This vehicle is illegally parked and according to Vehicle sections
22658, 22658.2, 22852 and 22853C are subject to towing and impounding
at owner’s expense.
TIME:______________________________________
DATE:______________________________
NAME ________________________________________________
ADDRESS:______________________________________________
KEY #___________________________DATE:______________________
LOCATION:_____________________________________________
VEHICLE DESCRIPTION:__________________________________________
VEHICLE LICENSE NUMBER:______________________________________________
TIME OF INCIDENT:_______________________________________________________
NATURE OF OFFENSE:______________________________________________
________________________________________________________
SECURITY SIGNATURE:____________________________________________
BOARD SIGNATURE:____________________________________________
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