Amended: 05.08.18
As required by the Declaration of Covenants, Conditions, Restrictions and Easements of Hampsted Village (“Restrictions”) – Article V, Duties and Powers of the Hampsted Village Association, Section 5.14.9, the Hampsted Village Homeowners’ Association (“Association”) hereby resolves to adopt the following Lien and Fine Structure, applicable to all Privately Owned Sites which fail to comply with the maintenance or corrective actions requested by the Association.
1. Friendly Reminder: Written notice will be sent via ordinary U.S. mail to the Private Property Owner(s) (“Owner”) clearly stating the violation and any corrective action that is requested of the Owner, as stated in the Restrictions – Article X, Hampsted Village Area Use Restrictions, Section 10.2: Maintenance of Privately Owned Sites.
The notice will state a definite period of time of no less than ten (10) days in which action is to be taken by the Owner.
2. Final Notice: If there is no response or action taken prior to the date stated in the first written notice as stated in Step One, a second written notice will be sent to the Owner via ordinary U.S. mail.
The second notice will clearly state the violation and corrective action that is requested of the Owner. Owner will be allowed a minimum of ten (10) days for correction.
If corrective action cannot be completed within the time set forth in the second notice, Owner must contact the Association (arc@hampstedvillage.org) for a new reasonable completion date.
Prior to imposing a fine, charge or assessment upon Owner for damages or an enforcement fine, charge or assessment pursuant to this policy, the board shall give the owner a written notice that includes all of the following:
A. A description of the property damage or violation;
B. The amount of the proposed fine, charge or assessment;
C. A statement that the Owner has a right to a hearing before the board to contest the property damage/violation or proposed fine, charge or assessment;
D. A reasonable date by which the owner must cure a continuing violation to avoid the proposed fine, charge or assessment, if such an opportunity to cure is applicable.
E. To request a hearing, the Owner shall deliver a written notice to arc@hampstedvillage.org not later than the tenth (10th) day after receiving the second written notice (Final Notice). If the Owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board immediately may impose a charge for damages or an enforcement fine, charge or assessment pursuant to this policy.
F. If an Owner requests a hearing, at least seven (7) days prior to the hearing the board shall provide the Owner with a written notice that includes the date, time and location of the hearing.
G. The board shall not levy a fine, charge or assessment before holding any hearing requested pursuant to this policy.
H. Within thirty (30) days following a hearing at which the board imposes a fine, charge or assessment, the Association shall deliver a written notice of the fine, charge or assessment to the Owner.
I. Any written notice that this section requires shall be delivered to the Owner or any occupant of the dwelling unit by personal delivery, certified mail, return receipt requested or regular mail.
Upon lack of remedial action by the Owner and, either no timely request for a hearing within the period of time provided in this policy or a decision by the board imposing a fine, charge or an assessment, the Association may take one or more of the following actions:
Fine Issued: A fine will be assessed to the Property at $50.00 per month, per violation and will accrue at a rate of 1.5% per month, until the Owner takes corrective action and the Owner contacts the Association (management company) in writing to provide proof of correction/compliance. Pictures via email (arc@hampstedvillage.org) may be acceptable; however, it is the Owner’s responsibility to notify the Association for fines to cease.
Corrective Action Taken By Association: The Association will remedy the violation and the cost of said remedy will be assessed to the Property and will accrue at a rate of 1.5% per month.
Such fines and costs shall be a default assessment and a lien on the Owner’s property, as stated in the Restrictions, Section 8.7.
Notice of all Default Assessments, as stated in the Restrictions, Section 8.7, shall be sent to Owner subject to assessment at least 30 days prior to their due date. Any fine, charge or Assessment that is not paid within 30 days of its due date, as stated in the Restrictions, Section 8.8, shall be delinquent and the Association may use any or all of the remedies available, including but not limited to the filing of a lien and/or the filing of a civil lawsuit to collect the assessment.
A lien will be filed with the Franklin County Recorder’s Office to be noticed upon sale of Owner’s property. Corrective action must be taken and approved by the Association prior to the sale of the property. Otherwise, the lien transfers with the property to the buyers, as stated in the Restrictions, Section 8.9. All expenses and attorney fees will be at Owner’s expense.
