RESOLUTION OF BOARD OF DIRECTORS
OF VILLAGE OF DORAL LAKES ASSOCIATION, INC.
RESOLVED, pursuant to the provisions of Article VII, Section 1(a) of the Bylaws of Village of Doral Lakes Association, Inc., which grants the Board of Directors the power to establish penalties for infractions of the rules and regulations of the Association, the following procedures are hereby adopted:
1. In the event of a violation by any Owner or any Owner’s tenants, guests, or invitees, or both, of any of the provisions of the Declaration, the Articles of Incorporation of the Association, the Bylaws of the Association, or any Rules and Regulations adopted pursuant to same, as the same may be amended or added to from time to time, and in addition to the means of enforcement provided elsewhere therein, the Association shall have the right to suspend, for a reasonable period of time, the rights of any Owner or any Owner’s tenants, guests, or invitees, or both, to use the Common Open Space and facilities thereon, in accordance with the procedures set forth below.
2. In the event of a violation by any Owner or any Owner’s tenants, guests, or invitees, or both, of any of the provisions of the Declaration, the Articles of Incorporation of the Association, the Bylaws of the Association, or any Rules and Regulations adopted pursuant to same, as the same may be amended or added to from time to time, and in addition to the means of enforcement provided elsewhere therein, the Association shall have the right to levy reasonable fines in accordance with the following procedures:
(a) Notice: The Association shall give written notification to the Owner or occupant of the reported or alleged infraction or infractions. Included in the notice shall be a date and time of a hearing, which hearing must be held at least fourteen (14) days after the date of the notice.
(b) Hearing: At the hearing, the Owner or occupant shall present reasons to the “Infraction Committee” (as hereinafter defined) as to why a fine or suspension should not be imposed. The Owner or occupant may be represented by counsel and may cross-examine witnesses. A written decision of the Infraction Committee shall be submitted to the Owner or occupant no later than twenty-one (21) days after the hearing.
(c) Committee: The hearing shall be held before a committee of at least three (3) Members (“Infraction Committee”) appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
(d) Amount: If the Infraction Committee approves the fine, such fine shall not exceed $100.00, or the maximum amount allowed by law (as may be amended from time to time), for each such violation, against any Owner or occupant. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for a hearing, except that no fine shall exceed $1,000.00 in the aggregate (or the maximum amount allowed by law (as amended from time to time). As of the date of this Resolution, the Board has determined to fine $100.00 per day for each day of a continuing violation.
(e) Payment of Fines: Fines shall be paid not later than thirty (30) days after notice of the imposition thereof.
(f) Application of Fines: All monies received from fines shall be allocated as directed by the Board of Directors.
3. Nothing herein shall be construed to prohibit or otherwise limit the right of the Association to pursue other means to enforce the provisions of the Declaration, the Articles of Incorporation of the Association, the By-laws of the Association, or any Rules and Regulations adopted pursuant to same, including, without limitation, legal actions for damages or injunctive relief.
IN WITNESS WHEREOF, the undersigned have executed this Resolution on this day of ____________ , 2003.
DIRECTORS:
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