1. ENFORCEMENT BY MANAGEMENT:
With due sensitivity for extenuating circumstances and impairments such as dementia/mental capacity or other extraordinary health or medical conditions of the alleged offender, the Board of Directors hereby authorizes the building manager and/or the managing agent (hereinafter referred to jointly as “management”) to take such reasonable efforts as may be necessary to enforce the Bylaws and House Rules and Regulations of this Association.
Upon the site manager and/or any Association employee observing a Rules violation, or upon the management office receiving a common written complaint registered with the management office and signed by at least two (2) shareholders, management is hereby authorized and directed to take the following corrective action on behalf of the Board:
i) Management shall attempt to contact the alleged offending party in person, by telephone or in writing. That contact will communicate to the alleged offender the nature of the complaint that has been made against him/her and, if appropriate, said Notice will serve as a cease and desist order requiring that the alleged violation be promptly corrected/abated.
ii) If, within one day after management issues the above Notice, the alleged offender has not promptly ceased and desisted the improper behavior or conduct that is referenced in the Notice the manager will advise the Board President (or whatever Board member is filling-in at the time), and the President will promptly call for an expedited abatement/ Rules Enforcement hearing.
iii) The alleged offending party will be given a hand delivered written notice (either delivered in person to the alleged offender or posted on his/her apartment door in a sealed envelope for privacy) advising of an abatement/Rules Enforcement hearing date and time. The person serving that Notice will sign an affidavit as to the time and date service was made and such service will be considered proper and adequate to the shareholder. The abatement/Rules Enforcement hearing will be scheduled no less than three (3) days and no more than five (5) days from the date the Notice is issued. The hearing may be scheduled anytime between 8:00 AM and 8:00 PM Monday through Friday at the discretion of the Board and such hearing will be held in the Board room/office in Bldg.1. At the hearing all parties will be given the opportunity to speak and to ask appropriate questions of any witnesses. All parties are permitted to have an Attorney present at the hearing.
The “peer group” hearing Body will consist of three (3) disinterested shareholders who may or may not be members of the Board of Directors or members of the Rules and Regulations committee.
The hearing Body will serve as judges in this proceeding. The consensus decision of this hearing Body (2 out of 3 votes shall constitute a consensus decision) will decide whether or not the allegations have been adequately proven against the accused shareholder, based upon reliable testimony and/or other convincing evidence. If the offender is found guilty of the alleged charges, and if appropriate, the hearing Body may recommend to the Board that fines and/or other sanctions be assessed against the offending shareholder. The Board’s decision on all such matter will be final and binding.
Notwithstanding the procedures provided herein, nothing in this document is intended to limit or restrict the authority of management to use its best judgment and discretion to involve the Police, Mental Health Professional, family member or any public assistance agency as may be deemed appropriate to resolve any shareholder disturbance.
2) AUTOMATIC FINES:
Automatic fines shall be imposed against the responsible shareholder for the following infractions:
a) If a shareholder brings a dog, cat, reptile or other animal onto the property or premises, an automatic fine will be imposed against the shareholder. (Assist animals are excluded from this pet restriction policy.)
b) If a guest/visitor of a shareholder brings a dog, cat, reptile or other animal onto the property or premises, the shareholder is required to have that animal removed immediately. If the shareholder fails to act promptly to have the dog, cat, reptile or animal removed from the Association’s property, a fine will be automatic. (Assist animals are excluded from this pet restriction policy.)
As used herein, the word “premises” or “property” means any portion of the common areas of Bower Hill at Mt. Lebanon property (indoor and outdoor property) and any individual apartments.
3) PROGRESSIVE DISCIPLINE AND PENALTIES IMPOSED BY THE BOARD:
In the unlikely event that less aggressive enforcement strategies fail to bring about the desired relief, the following progressive steps to enforce the Association Bylaws, Covenants and Rules will guide the Board:
*1st offense involving any Rule violation by a shareholder (or by an uncontrolled guest/visitor or relative of the shareholder) – a fine of up to $50 plus appropriate sanctions, including a sixty (60) day suspension of the voting rights of the offending shareholder and/or denied use of the party room, swimming pool or other common element facilities for a term to be decided by the Board.
*2nd offense involving any Rule violation by a shareholder (or by an uncontrolled guest/visitor or relative of the shareholder) – a fine of up to $100 plus appropriate sanctions, including a sixty (60) day suspension of the voting rights of the offending shareholder and/or denied use of the party room, swimming pool or other common element facilities for a term to be decided by the Board.
*3rd or more offense involving any Rule violation by a shareholder (or by an uncontrolled guest/violator or relative of the shareholder) – a fine of up to $250 plus appropriate sanctions, including a sixty (60) day suspension of the voting rights of the offending shareholder and/or denied use of the party room, swimming pool or other common element facilities for a term to be decided by the Board.
Each instance and/or each day that a violation continues or resumes after management issues a cease and desist Notice shall be counted as a separate violation and additional fines may be imposed for each such violation.
4) ADDITIONAL REMEDIES OF THE BOARD:
Court intervention/Civil or Criminal proceeding – If the offending shareholder is adjudicated by his/her peers (the hearing Body) to be guilty of some dangerous or egregious conduct/behavior and/or if the offense is on-going or recurring, the Association may join the shareholders who filed the initial complaint in a joint or separate action to be filed with the District Court, or with the District Attorney’s Office, or with the Court of Common Pleas as may be recommended by, and with the counsel of, the Association’s Attorney. Such actions may be taken to seek injunctive relief or to pursue a Disturbance of the Peace complaint or, if/when appropriate, to abate any criminal activity or behavior that may be occurring at the Bower Hill at Mt. Lebanon. All legal fees, court costs, etc. incurred by the Association will be assessed against the offending shareholder and billed as additional fees owed to the Association.
Nothing herein is intended to preclude individual shareholders from separately pursuing a civil action against the alleged offending party.
Eviction or Foreclosure – Ultimately, if the disturbing matter persists/goes unresolved, and if the offense is material enough (as determined by a consensus vote of the Board) in keeping with explicit or implied provisions of the Association’s governing documents and/or Proprietary Lease, the Board has the right to initiate eviction/foreclosure proceedings against the offending shareholder.
5) Records – All documents and Minutes pertaining to a Rules Enforcement matter will be maintained by the Association for up to seven (7) years as part of its business records.
6) Finality – All decisions of the Board will be final and binding on all parties.
These enforcement procedures were adopted by the Bower Hill at Mt. Lebanon Co. Board of Directors, this 19th date of May 2016, with an immediate effective date.
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