ARCC MEETING MINUTES REFLECT FINE POLICY CONFUSION

Updated: Aug 24, 2020

At the August 11th ARCC Meeting, one application received conditional approval and two were unapproved. Fines were recommended for two homeowners.


At the August 11th ARCC meeting, 7 out of 10 applications were approved, one received a conditional approval and 2 were unapproved. From the minutes of the meeting, the committee recommended a fine of $100 per day for the two unapproved requests until the issue is resolved. The BOD makes the final determination on fines, yet there was no fine discussion by the Board at the August 18th meeting.


During Open Discussion – The 3 ARCC members present at the meeting selected eight additional painted colors for metal roofs that will need to be approved by the Board of Directors. The other topic was removing the mill finish color as a selection choice. The Committee feels there are already an overabundance of mill roofs in the Community. Both recommendations will go to the Board at a future date. If you plan to replace your roof with the standard metal mill finish, you might want to start the process before it is possibly changed. Many residents have learned from their roofer that other finishes are offered at an up charge.

ARBORS FINE POLICY

The current Arbors Fine Policy can be found on the Arbors Village website, under Forms and Documents, then Policies – the version posted is dated 2013. The Fine Policy regulates fines as determined by the Board of Directors and can be changed by a majority vote of the Board with no input from the residents required. If there is a conflict between these two documents, the Covenants take precedent over the Fine Policy.


From the Fine Policy as currently posted:

“If the violation is not corrected within the time specified in the courtesy letter or if the violation reoccurs after initial correction, Management will send an initial violation letter by both regular and certified mail. Such letters will be sent to Owners at their address of record as well as to any violating tenant or occupant of the Owner's Arbors unit, if applicable. This letter will include a copy of the initial courtesy letter and inform the Owner that a fine in the amount of $50 has been levied against the Owner as of the date of the violation letter, and that such fine will accrue at the rate of $50 per day or $100 per week, depending upon the violation, for a continuing violation.

From the Covenants & Restrictions. Article IV – Maintenance, #2, Owners’ Responsibility:

WHAT IS A VIOLATION? Dirty roofs, driveways & mailboxes, repainting and making major landscape changes, adding gutters or changing your driveway without permission.

For a more complete explanation, refer to the Article listed above. It includes that “the remedial action must be completed within 90 days.”

A 67% majority of the homeowners are required for Covenant & Amendments to be changed.

At the present time the Covenants and the Fine Policy are in conflict. The Covenants give homeowners 90 days to correct maintenance infractions before fines are imposed.


The Board has approved a proposed amendment removes the "90 days to remedy" language. If this passes, the Board would then be free to impose a policy which allows them to set a sliding scale of infractions and fines based on the severity of the infraction, time allowed to remedy, and amount of fine for each infraction at their own discretion. Read more about the proposed amendments here.


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