As required by the Declaration of Protective Covenants, Conditions and Restrictions of New Albany Links (Restrictions) Article V (Architectural Control), Section 5.13 (Penalties), New Albany Links hereby adopt the below penalty structure for violations of the standards set forth by the Architectural Review Board (ARB). Furthermore, per Article XI (Enforcement), Section 11 .01 (Rights to Enforce) New Albany Links hereby adopts the below enforcement structure for aforementioned violations.
Step One:
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. The notice will state a definite period of time of no less than three (3) days in which action is to be taken by the Owner.
Step Two:
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 three (3) days for corrective action. If corrective maintenance cannot be completed within the time set forth in the second notice, Owner must contact the Association’s ARB and then the ARB and Owner will jointly determine a reasonable date of completion of the corrective action. In the event ARB and Owner are unable to jointly determine a reasonable date of completion, a majority of the Trustees will determine a reasonable date of completion.
NOTE:
Any reoccurrence of a previously identified and communicated violation within a 12-month period from the last occurrence will be treated as a continued violation, not a new violation.
For example, if in May of 2017 the Association initiates the first written notice (often referred to as Friendly Reminder) for trash cans being left at the curb beyond the specified period, then the homeowner emails the Association that the violation has been remedied as indicated in the letter, and the violation is closed.
If this same violation occurs in August of 2017, the record will be reopened and moved to the next stage of the process which is second written notice (often referred to as Final Notice), then the homeowner again emails the Association that the violation has been remedied as indicated in the letter, and the violation is closed.
If this same violation occurs in July of 2018, the record will be reopened and moved to the next stage of the process which in this case would be the initiation of monthly fines.
Upon lack of remedial action by the Owner within the period of time provided in Step Two, the Association may take the following action(s):
1. Monthly Fines Initiated:
A violation will be charged to the Owner at a schedule not to exceed $50.00 per month, per violation and will accrue at a rate of 1.5% per month, until the Owner takes corrective action, notifies the ARB via email as first two written communications instructed and such action is approved by the Association’s ARB. Such charges shall be a default assessment and a lien will be placed on the Owner’s property if unpaid.
if unpaid.
2. Action Taken by Association:
As determined by the ARB, the Association will remedy the violation. Any expense incurred by the Association for said remedy will be assessed to the Owner’s account as a compliance assessment.
Any Assessment that is not paid within 30 days of its due date, 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 ARB prior to the sale of the property. Otherwise, the lien transfers with the property to the buyers.
All expenses and attorney fees will be at Owner’s expense.
Association Manager
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