2.1 Exterior Modifications

2.2 ACC Process

 

3.1 Board of Directors to Serve as Hearing Committee

3.2 Request for Hearing

3.3 Hearing Procedure

 

4.1 Allowable Complaints

4.2 Submitting a Complaint

4.3 Board Complaint Review

4.4 Complaint Notification

 

5.1 Violation Fee Policy

5.2 Delinquency Fee Policy

 

 

In order to maintain an orderly and pleasurable living environment within Patrick's Faire, reasonable policies and regulations must be established and enforced. This document provides information regarding policies and regulations as determined by resolution of the Board of Directors for the benefit of all property owners, residents and guests within the development.

 

The Rules and Regulations set forth in this manual are enacted under the authority given to the Board of Directors of Patrick's Faire as set forth in Section 4.1.1 (POWERS AND DUTIES OF THE BOARD OF DIRECTORS) of the Bylaws of Patrick's Faire Homeowners' Association (Bylaws) dated June 27, 2001; ARTICLE THREE, Section Three (Authority of Association After Development Period) of the Declaration of Covenants, Conditions and Restrictions for Patrick's Faire Homeowners' Association (known as CC&R), dated: January 11, 2002. These Rules and Regulations will be binding to all Owners, occupants and their guests, and will be enforceable to the same extent as if they were specifically set forth as provisions of the CC&Rs and Bylaws.

 

A copy of these Rules and Regulations will be delivered to each Owner. It is the responsibility of each Owner to inform its renters, occupants and guests of the provisions of these Rules and Regulations and for their compliance.

 

Any part of these Rules and Regulations may be amended by Board Resolution if any changes are deemed necessary. Any such change to these Rules and Regulations shall become effective upon being placed in the mail, postage prepaid, addressed to the last known address of each Member of the Association. Notice of violations given to the owner of a home may also be copied to tenants.

 

The following Rules and Regulations are a supplement to the Bylaws of Patrick's Faire Homeowners' Association (Bylaws) and Declaration of Covenants, Conditions and Restrictions for Patrick's Faire Homeowners' Association (CC&Rs) to be used by the Board of Directors and Owners for specific actions and consequences for violations of the CC&Rs.

 

1.1 The creation of Rules and Regulations is an evolutionary process, which may require change as the Rules are applied in an effort to maintain even and consistent Rules for all Owners.

1.2 Only the Board of Directors can make change(s) to this document.

1.3 Any Board Resolution amending to this document will be furnished in writing to all Owners immediately after its adoption.

 

2.1.1 ACC approval must be obtained PRIOR to the commencement of any exterior construction activity unless noted otherwise in the ACC Guidelines. Applications must be submitted for improvement is not listed in the ACC Guidelines.

2.1.2 Construction activity includes, but not limited to, any building, structure, fence, clearing and grading, cutting or transplanting of significant natural vegetation.

 

2.2.1 An ACC form must be submitted and approved by the Board of Directors/ACC in writing prior to starting construction activity. The following minimum specifications must be included on the application: Building plans, specifications, plot plan, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other proposed improvements.

Stop Work Orders will be issued for work commenced prior to receipt of written approval or for projects that fail to meet the conditions of an approval. Any subsequent work costs or inconvenience costs are the responsibility of the homeowner.

2.2.2 The ACC shall notify the Owner with its decision within thirty (30) days following the receipt of the required information by the ACC or its authorized representative.

Vague or incomplete applications may be denied pending submittal of clarifying information.

 

 

3.1.1 The Board of Directors shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision.

3.1.2 The Hearing Board shall be comprised of at least three (3) members of the Board of Directors and may also include Members of the Association not to exceed five (5) members.

 

3.2.1 Request for a hearing can be made in writing by the aggrieved party within twenty (20) days of a decision made by the ACC to the Board of Directors

 

3.3.1.1 The Hearing Board will schedule a hearing date and respond within thirty (30) days after receiving a written request.

3.3.1.2 If the date of the hearing is not acceptable the parties have ten (10) days from receipt of notice to request a new hearing date.

3.3.1.3 Cancellation may only occur one (1) time up to ten (10) days prior to the hearing date.

 

3.3.2.1 The hearing will be attended by the Hearing Committee, the aggrieved party, and any witnesses or other persons who may have an interest in the hearing.

 

3.3.3.1 The hearing will be a formal meeting with the President of the Board serving as Chairman or an authorized representative.

3.3.3.2 The aggrieved party will present evidence, witnesses and testimony regarding the decision to the Hearing Committee without interruption.

3.3.3.3 Witnesses or other persons may make a claim in person or in writing to the Hearing Committee.

3.3.3.4 The Hearing Committee may expel any person from any hearing for improper, disorderly or contemptuous conduct.

 

3.3.4.1 Failure to appear by the aggrieved party for reasons other than an emergency will force the Hearing Committee to base their findings on whatever evidence is presented at the hearing, regardless of that party's presence.

 

3.3.5.1 The Hearing Committee will notify the aggrieved party in writing of its decision within thirty (30) days of the hearing. The decision will include findings of fact and the conclusion based on cited rules.

 

Enforcement of the CC&Rs and Rules and Regulations depends on Owners making complaints and the Board of Directors following up on them.

 

4.1.1 Complaints shall only be considered by the Board on violations of the Governing Documents (CC&R, ACC Guidelines and Rules and Regulations). The Board will not act upon complaints that deal with neighborly courtesy and do no violate provisions of the Governing Documents.

4.1.2 If a city, county or state law is being violated, please contact the Maple Valley Police Department or the appropriate organization associated with such violation.

 

4.2.1 All complaints must be submitted to the Board in writing and shall include the name of the person making the complaint, their address or lot number, the name or address of the violator and the specific rule that is being violated. The Board shall not disclose the name and information of the reporting party unless required by law.

4.2.2 Any Owner or occupant can submit a complaint. 4.3 Board Complaint Review

4.3.1 Complaints will be reviewed by the Board. The Board will act on CC&R violations upon receiving a complaint.

 

4.4.1 The violator will be notified in writing with the description of the violation, the applicable CC&R, ACC Guideline and/or Rule and Regulation and a course of action to correct violation.

 

4.5.1 Request for a hearing can be made in writing by the aggrieved party within twenty (20) days of a decision made by the ACC or Board of Directors. The Hearing procedure outlined in Section 3.0 will apply.

 

Fines will be assessed to any Owner or their occupant who is found to be in violation of the CC&R's, ACC Guidelines and/or Rules and Regulations in accordance with the Bylaws Section 4.1.1.

5.1.1 1st written notice: The violator will be notified in writing with

5.1.2 2nd written notice: Will be sent after 30 days from the date of the first written notice. A $100 assessment will be posted to the homeowner's account.

5.1.3 3rd written notice: Will be sent after 30 days from the date of the second written notice. A $150 assessment will be posted to the homeowner's account.

5.1.4 If violation remains uncorrected after thirty (30) days from the date of the 3rd written notice a $200 assessment will be posted to the homeowner's account and the matter will be turned over to the Association's attorney for enforcement of CC&Rs/ACC Guidelines up to and including putting a lien on the home. The Owner may be responsible for attorney fees as stated in the CC&R's ARTICLE SIXTEEN, Section Five.

5.1.5 Recurring Violation: If a specific violation is corrected, but occurs again within 6 months of the prior written notification, it will continue where the prior violation left off as outlined in steps 5.1.2 thru 5.14

5.1.6 Fines assessed to a homeowner's account will follow procedures outlined in section 5.2 for collections.

 

RESOLUTION OF THE BOARD OF DIRECTORS OF PATRICKS FAIRE HOMEOWNERS ASSOCIATION REGARDING A COLLECTION POLICY FOR DELINQUENT ACCOUNTS

 

WHEREAS the Board of Directors of the Association is charged with the responsibility of collecting assessments for common expenses from homeowners pursuant to Article Eight, Section Three of the Declaration and RCW 64.38.020(2); and

 

WHEREAS from time to time homeowners become delinquent in their payments of these assessments and fail to respond to the demands from the Board to bring their accounts current; and

 

WHEREAS the Board deems it to be in the best interests of the Association to adopt a uniform and systematic procedure for dealing with delinquent accounts in a timely manner, and further believes it to be in the best interests of the Association to refer these accounts promptly to an attorney for collection so as to minimize the Association's loss of assessment revenue; and

 

WHEREAS the Board has retained the Association's attorney for their experience in representing condominium and homeowners associations in collections and other matters; and

 

WHEREAS the Board has directed the Association's attorneys to represent the Association on the terms outlined in this resolution;

 

NOW, THEREFORE, BE IT RESOLVED that the Association's attorneys shall pursue all collection and other matters which the Board, acting through the Manager or Board, may from time to time refer to them and to provide any advice and counsel which the Board or Manager may from time to time require; and

 

BE IT FURTHER RESOLVED that the Manager or Board, acting on behalf of the Association, shall pay the Association's attorneys their usual and customary charges for time incurred in connection with their representation of the Association, together with all costs incurred by the firm, including but not limited to fees and charges for filing, service of process, messenger service, photocopies, postage, long distance calls, investigator's services, credit reports, and title reports, promptly upon receipt of the monthly invoice; and

 

BE IT FURTHER RESOLVED that pursuant to Article Nine, Section Two of the Declaration there is hereby levied against any assessment account which is not paid in full as of the thirtieth (30th) day of the month interest at the rate of twelve percent (12%) per annum. In addition, any assessment account which is not paid in full as of the thirtieth (30th) day of the month a late charge in the amount of five percent (5%) of the overdue balance, which the Manager is authorized and directed to charge to and collect from any delinquent homeowner; and

 

BE IT FURTHER RESOLVED that the Manager or Board is directed to send to any homeowner who is more than thirty-one (31) days delinquent in the payment of regular or special assessments, or other charges authorized by the Association's Governing Documents (hereinafter referred to as "Assessments"), a statement (hereinafter referred to as the "First Notice") of the interest and late charge and a request for immediate payment; and

 

BE IT FURTHER RESOLVED that the Manager or Board is directed to send to any homeowner who is more than sixty-one (61) days delinquent in the payment of Assessments, a written notice (hereinafter referred to as the ("Second Notice"); that if the account is not paid in full within fifteen (15) days, or a request for special consideration of hardship circumstances, including all reasons why the Board should consider the request, must be submitted in writing to the Board within that fifteen (15) day period, together with a request for a hearing, or in the alternative, a request that the determination be made by the Board based on the written request, then any such request shall have been deemed waived;

 

BE IT FURTHER RESOLVED that the Manager is directed to send to any homeowner who is more than ninety-one (91) days delinquent in the payment of Assessments, a written notice (hereinafter referred to as the "Third Notice"), that if the account is not paid in full within ten (10) days it will be turned over to the Association's attorneys for collection and the homeowner will be liable for payment of the minimum charge imposed by the Association's attorneys to cover fees and costs charged to the Association. Notwithstanding anything herein to the contrary, with respect to any account that is more than ninety-one (91) days delinquent in the payment of Assessments at the time that the board adopts this resolution, the Manager shall send the delinquent owner a written notice (hereinafter referred to as the "Final Notice"), that if the account is not paid in full within ten (10) days, or a request for special consideration of hardship circumstances, including all reasons why the Board should consider the request, must be submitted in writing to the Board within that ten (10) day period, together with a request for a hearing, or in the alternative, a request that the determination be made by the Board based on the written request, then any such request shall have been deemed waived, and the account will be turned over to the Association's attorneys for the collection and in that event, the Owner will be liable for payment of the minimum charge imposed by the Association's attorneys to cover fees and costs charged to the Association; and

 

BE IT FURTHER RESOLVED that the Board or Manager is directed to refer any account which remains delinquent for ten (10) days after the Third Notice or Final Notice to the Association's attorneys for collection; and

 

BE IT FURTHER RESOLVED that the Manager or Board is directed to consult with the Association's attorneys and turn over for collection immediately any account where the owner files or is the subject of a petition for relief in bankruptcy or a lender has commenced any action for foreclosure of its lien against the lot; and

 

BE IT FURTHER RESOLVED that the following policies shall apply to all delinquent accounts turned over to the Association's attorneys for collection:

**The Homestead Exemption will not available

 

Patrick's Faire Homeowners Association contact list:

Patrick's Faire Board of Directors

 

For the interim, please direct your comments and concerns to the Patrick's Faire Board of Directors.