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25. Violations and Appeals

Owners, Occupants, and other interested persons are responsible for complying with the Loreto Bay Master Condominium Rules and Regulations, the Sub-Condominium Rules and Regulations, the Design Review Committee Guidelines, these Administrators Rules or other applicable rules or resolutions, including any provisions for imposing penalties for violations of same. Owners will be held responsible for violations committed by the Occupants of their property and, the following procedures apply:

25A. Minor Violations

If Area Supervision personnel or the Managing Agent observe or receives a complaint of a violation of the Administrators Rules relating to Trash, Noise, Pool Rules, Vehicle Operation and Parking, or Animal Welfare and Control, then the Managing Agent or Area Supervision personnel may request immediate compliance with the rules verbally, by email, or by posting. A request for compliance is a courtesy intended to inform the violator of the requirements of the rules and to give the violator the opportunity to cooperate and comply; a request for compliance is not required as a predicate to issuing notice of violation, which may be issued without such request being made in the discretion of the Managing Agent, especially, but not exclusively, if the violator is uncooperative, is a repeat offender, or cannot be located while the violation is ongoing and subject to contemporaneous correction.

If the violator fails or refuses to comply, Area Supervision or the Managing Agent may issue a written Notice of Violation to the appropriate Owner or take other appropriate action, unless the violation is a noise violation occurring between the hours or 8:00 AM and 11:00 PM, in which case Area Supervision personnel may not issue a Notice of Violation unless there has been a neighbor complaint or the Notice of Violation has been authorized by the Managing Agent. If the Notice of Violation is issued by Area Supervision personnel, a copy of the Notice of Violation must be provided to the Managing Agent before the end of the next business day. The Managing Agent will provide a copy of the Notice of Violation to the Owner personally or by email within 48 hours. If no email address has been provided a copy must be mailed to the Owner at the address of record. For a violation pertaining to the parking or operation of an unregistered vehicle when the identity of the Owner is not known, the Notice of Violation may be posted on the vehicle. In addition, the Notice of Violation may include a warning that if the situation is not corrected the vehicle will be removed from the Common Areas and impounded at the Owner’s expense. The requirements of this provision do not, however, limit the authority of Area Supervision personnel or the Managing Agent to remove a vehicle without notice if such vehicle is parked so as to cause or contribute to a dangerous situation or impede the passage of emergency vehicles.

Upon receipt of a Notice of Violation pursuant to this section the Owner must immediately remedy or cease the offending action. The Managing Agent, in his sole discretion, may give an Owner additional time to remedy the violation. If the Notice of Violation is the first Notice of Violation received by an Owner for a minor violation identified in the Notice of Violation of the Administrators Rule listed in this section, then no fine will be imposed. If, however the Notice of Violation is issued for a subsequent founded violation of the same Administrators Rule, then the Managing Agent may impose upon the Owner the fine or fines set out in these Administrators Rules. A violation is “founded” when a written Notice of Violation is issued and the violation is either uncontested or upheld on appeal.

25B. Major Violations

For a violation of the Master Rules, Design Review Guidelines, or Administrators Rules other than those identified as Minor Violations, the Owner must first be issued an Informal Notice of Violation by the Managing Agent. Such Informal Notice of Violation may be provided to the Owner in writing, including by email, in person, or by telephone. The Managing Agent may use any or all such methods of communication in order to facilitate a speedy resolution by agreement. The purpose of the Informal Notice of Violation is to make the Owner aware of the alleged violation and to create a framework for resolution.

If the alleged violation is not remedied within seventy two (72) hours, or such other time as may be agreed upon by the Managing Agent and the Owner, then the Managing Agent may issue a formal Notice of Violation and impose upon the Owner of the premises the fine or fines set out in the Administrators Rules.

If the Owner contests the violation or imposition of fines, the Owner must proceed with the appeals process as set forth below, or the violation and fines will be founded.

25C. Notice of Violation

Any Notice of Violation issued pursuant to this section must indicate the nature of the violation and the steps that must be taken to achieve compliance with any Master Rules, Design Review Guidelines, Administrators Rules, or combination thereof, for which the Notice of Violation has been issued.

25D. Notice of Appeal

Upon being issued a formal Notice of Violation, the Owner may submit to the Managing Agent a written Notice of Appeal with regard to the Notice of Violation. Such Notice of Appeal must be received by the Managing Agent within ten days of the issuance of the Notice of Violation, unless such time is extended by the Chair of the Appeal Board for good cause. The Notice of Appeal must specify the basis of the Appeal, and, if an extension to file is requested, the reason that the Notice of Appeal was not filed in a timely manner.

The submission of a Notice of Appeal by the Owner with regard to a Notice of Violation does not relieve the Owner from remedying the offending action unless, upon receipt of the Notice of Appeal, the Managing Agent agrees in writing to suspend the resolution of the alleged violation pending the hearing of the Appeal. No fine or fines may be assessed against the Owner by the Managing Agent unless the alleged violation is deemed founded by the Appeal Board.

25E. Appeal Board

The Appeal Board is appointed by the Administrators and must consist of four

Sub-condominium Committee Chairs and one member of the Rules and Policies Committee, whether or not they are also a Master Representative. The

Appeal Board must designate one of its members to act as the Chair of the

Appeals Board. The Owner must be advised of the members of the Appeals Board at least ten days in advance of scheduled appeal date. The Owner has five days thereafter to notify the Administrators in writing of any objections the Owner has to a member of the Appeal Board. The Administrators may, but are not required to, remove the member subject to objection and appoint an alternate.

25F. Appeal Hearings

Upon receipt of a Notice of Appeal, the Appeal Board will schedule a hearing, which will take place within 30 days of receipt of the Notice of Appeal, unless circumstances require that the hearing be held later. The Appeal Board must also set a date by which any party wishing to submit documentary evidence, including photographs, must submit copies of such evidence. It is the responsibility of any party wishing to submit documentary evidence at the hearing, including photographs, to provide copies to the Chair of the Appeal Board on or before the established deadline. Failure to comply with this requirement may result in the refusal of the Appeal Board to consider such documentary evidence.

If an Owner or any member of the Appeal Board is unable to attend a hearing in person in Loreto Bay, the Appeal Board will arrange for the hearing to be conducted by telephone conference or video conferencing, if available infrastructure permits and it is practicable.

Subject to the requirement that documentary evidence be provided to the opposing party and the Chair of the Appeal Board at least ten days before the hearing date, the Appeal Board must provide each party with a full and fair opportunity to present their case at the Appeal Hearing.

At the conclusion of the Appeal Hearing, the Appeal Board may, after a period of deliberation, which may be held off the record, inform the parties whether it finds the alleged violation to be founded or unfounded, or the Appeal Board may inform the parties that it will, after a period of deliberation, issue written findings. In the event a Notice of Violation is deemed to be founded, the Appeal Board will specify an appropriate penalty and direct the Managing Agent to enforce it.

The appeal process will be conducted with respect for the privacy of the parties. The Appeal Board must maintain the confidentiality of documents submitted. Only the parties and persons with relevant information, as determined by the Appeal Board, are permitted to participate in the hearing, although the Appeal Board may permit others to observe.

The purpose of the appeals process is confined to determining whether or not the violation occurred. The Appeal Board will not hear arguments regarding, determine the validity of, or change the rules or policies of the Master Condominium in the context of an appeal.

The decision of the Appeal Board is final.

25G. Record of Founded Violations

A record of all founded violations must be maintained by the Managing Agent.

The record must, at a minimum, contain the violation date, the name of the Owner, the names of any Occupant, builder, contractor, or workers involved, the nature of the violation, a brief description of the penalty imposed or any other action taken, and the corresponding Appeals Board decision, if the violation was appealed.

This data bank may be used to determine future fines, penalties, or assist in making any decision to exclude a person from Loreto Bay. Such records will be confidential and available only to the Managing Agent, the Administrators, and affected Owners, unless the Administrators approve release to third party for good cause.