To enforce the CC&Rs, Bylaws, Articles of Incorporation and Rules and Regulations, the Board of Directors may levy, assess, and collect reasonable fines and costs as established by the Board of Directors. The fines will be assessed against the Homeowner for violations by the Homeowner, members of his or her family, invitees, licensee, tenants or lessees of such Owners.
This policy aligns with NCGS §47F-3-107.1 which governs HOA-imposed fines, including required notice, hearing, and appeals procedures.
Owners are expected to always comply with rules within the category, and any infraction is a violation of that category.
- Animals
- Architectural Control
- Exterior Maintenance
- Flags, Signs & Decorations
- Garbage/Recycling
- Lot/Yard Maintenance
- Nuisances
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- Residential Use
- Porches, Patios & Outdoor Furniture
- Temporary Structures
- Parking Regulations
- Window Coverings
- Vehicle Regulations
Level #1 - Written Notice of Violation (Courtesy Notice)
The first time a violation is reported to or observed by the management company, a Courtesy Notice will be sent to the homeowner.
- The letter will advise the homeowner of the nature of the violation, per Ashton Place at Brunswick Homeowners Association, Inc., Covenants, Polices or Rules and Regulations, and the date reported.
- The violation correction action will be explained.
- The violation will be recorded on the homeowner’s record.
Level #2 - Written Notice of a Violation, Hearing Opportunity and Intent to Fine
When the violation or a violation of the same rule category is not corrected and is reported to or observed by the management company, a Written Notice of Violation will be sent to the homeowner, providing notice of their right to be heard (Hearing Opportunity).
- If the homeowner chooses to attend the hearing, he/she will be provided with written notice of the hearing date at least 10 calendar days prior to the hearing.
- If the homeowner chooses not to attend the hearing, it will be held in their absence and the Executive Board will vote whether to impose a fine.
The decision of the Executive Board shall be documented in writing and mailed to the owner within 5 business days.
- Following the hearing and the vote, the management company will, within 10 days after the hearing and vote, send a letter to the homeowner stating the results of the hearing and vote.
The following EXCEPTIONS will automatically start at Level #3 and are subject to the fines as described below following a hearing:
- Violations that are determined to be a Health or Safety Issue
- Fine: $50.00
- Violations for starting a project without ARC approval
- Fine: $100. Also subject to daily fines of up to one-hundred dollars ($100.00) per day until the violation is corrected.
Level #3 – Written Notice of a Violation and $50.00 fine will be imposed.
Level #4 – Written Notice of a Violation and a $75.00 fine will be imposed.
Level #5 - Subsequent Violations – Written Notice of a Violation and a $100.00 fine.
- Violations, excluding the stated EXCEPTIONS, are reset and treated as a Level #1 Violation after 12 months has lapsed since the last violation in the same category. However, the record of violations will be maintained.
- Property owners are entitled to a hearing before the management company before a fine is applied to the owner’s account.
- Following the opportunity for a hearing, subsequent violations are subject to the above fine policy without further warning or hearings. Such fines are applied on a per diem basis for each reported observation of a violation.