| Step |
Action |
| 1 |
Upon receipt of complaint (written or verbal), the Property Manager shall investigate to determine whether the complaint constitutes a violation. |
| 2 |
After the investigation is completed, use the below chart to determine next steps….
| If complaint is… |
then… |
| not a violation (non-management observation) |
inform the complaining party – STOP. No further action required. |
| not a violation (management observation) |
STOP. No further action required. |
| a violation |
send a courtesy notice to property owner. The notice must include…
- a description of the alleged violation.
- the specific action required to cure such violation, if applicable.
|
|
| 3 |
The Property Manager conducts first follow-up inspection after 14 days.
| If violation… |
then… |
| has been cured |
STOP. No further action required. |
| Has NOT been cured |
send violation notice to property owner. The notice must include…
- a description of the alleged violation.
- notification of potential fine if not cured.
- the specific action required to cure such violation, if applicable.
|
|
| 4 |
The Property Manager conducts a second follow-up inspection after 14 days.
| If violation… |
then… |
| has been cured |
STOP. No further action required. |
| Has NOT been cured |
send final notice (fine notice) to property owner. The notice must include…
- a description of the alleged violation.
- notification of potential fine if not cured.
- the specific action required to cure such violation, if applicable.
- date and time of BOD meeting (at least 14 days from date of notice) where violations will be voted on.
|
|
| 5 |
BOD meeting convenes to approve or disapproves the appropriate fine outlined in QHRRP 3000-215 (Maximum Fine Guidelines).
| If BOD… |
then… |
| approved fine and/or suspension |
GO to STEP 6 |
| disapproved fine and/or suspension |
within 7 days after the BOD meeting, the Property Manager shall provide written notice to the property owner of the Board’s decision to fine and/or suspend.
STOP – No further action required. |
|
| 6 |
Within 7 days after the BOD meeting, the Property Manager shall provide written notice to the property owner of the BOD findings. Notice shall include date and time of the hearing where his/her appeal will be heard. The hearing must be held within 90 days after issuance of the notice.
Note: No fine or suspension shall be imposed or enforced until the time for an appeal has lapsed and if an appeal is timely filed until the appeal has been adjudicated. |
| 7 |
Has the violation been cured as of the date of the hearing?
YES – STOP. No further action required.
NO – GO to STEP 8 |
| 8 |
The Fines and Appeals Hearing Committee meet as outlined in the notice (Step 6). The Property Manager shall…
- present the complaint, documentation of violation and identify the specific provisions of the rules which are alleged to have been violated.
- specifically confirm that the levy notice was delivered to the correct address of record.
- confirm that the property owner was given notice of their right to a hearing and notified of the date and time of the hearing.
- answer any questions from members of the Fines and Appeals Hearing Committee.
|
| 9 |
Is the appellant present in person, by telephone or other electronic means?
YES – The appellant shall be given a reasonable time to present their appeal. Members of the Fines and Appeals Hearing Committee may question the appellant.
NO – The Property Manager shall present any written statement from the appellant together with accompanying documentation. The failure of appellant to appear shall not prevent the Fines and Appeals Hearing Committee from hearing the appeal; however, by majority vote the committee may in its discretion elect to defer the hearing to a later meeting. |
| 10 |
Any members of the Association present may provide comments to the Fines and Appeals Hearing Committee not to exceed three minutes. |
| 11 |
The Fines and Appeals Hearing Committee will entertain a motion to …
- vacate and not impose the fine or suspension.
- impose the fine or suspension.
- impose only a portion of the fine, suspension, or both, or
- table and defer action to a subsequent meeting.
|
| 12 |
After a motion is duly made, there shall be discussion limited to members of the Fines and Appeals Hearing Committee. |
| 13 |
A vote shall be taken and recorded. |
| 14 |
Within 7 days after the hearing, the committee shall provide written notice to the property owner of the committee’s findings related to the violation. Use the below chart to determine next steps…
| If violation… |
then… |
| has been cured |
STOP – No further action required. |
| is not cured and the proposed fine or suspension levied by the board is approved by the committee by a majority vote, |
the committee must set a date by which the fine must be paid, which date must be at least 30 days after delivery of the written notice. Attorney fees and costs may not be awarded against the property owner based on actions taken by the board before the date set for the fine to be paid. |
| and the proposed fine or suspension levied by the board is approved by the committee and the violation is not cured or the fine is not paid per the written notice, |
reasonable attorney fees and costs may be awarded to the association. Attorney fees and costs may not begin to accrue until after the date noticed for payment and the time for an appeal has expired. |
|
