Violation Reports
Complaints concerning violations of any provision of the RNH Residents Association’s documents by a RNH homeowner, resident, or tenant must contain the full name and address of the complainant and submitted, in writing, to the management company. The complaint must be in sufficient detail to determine whether a violation has occurred. Every effort will be made to keep the identity of the complainant confidential.
Investigation
A representative of the RNH Board or the management company will investigate the complaint, when possible, to determine whether there is reasonable cause to believe that a violation has occurred.
Violation Notices
The RNH Residents Association will send a written notice describing the violation to the owner or tenant instructing them to correct the violation within a specified time period.
Hearing
Any RNH Residents Association homeowner, resident, or tenant, if so desired, shall have the right to an informal hearing, which could either be conducted by a committee appointed by the RNH Board or the Board itself. Written notice shall be given of the date, time, and place of the hearing as established by the Board. The meeting(s) may be conducted either in person, or by teleconference/videoconference. The purpose of the hearing is to allow the RNH homeowner, resident, or tenant to explain his or her actions in an informal setting with the RNH Board or Board representative(s). If a hearing is conducted by a committee, the homeowner or tenant may appeal the committee’s decision to the Board. Any decision made by the RNH Board is final. The homeowner, resident, or tenant will be notified of the Board or committee decision, in writing, within ten (10) days of the hearing.
Fines and Penalties
If an RNH homeowner does not comply with the initial notice within the timeframe specified on the notice, the RNH Board may, commencing with the second notice, impose fines and/or penalties on the RNH homeowner. The fine could either be enacted for each incident or an initial fine, and/or a per diem fine for each day or designated period of time the violation remains uncorrected. The Board has full authority in establishing the amount of fines. The amount assessed may vary with the type of infraction and is due upon receipt of the notice stating that fines were assessed and the amounts of same. When fines reach a RNH Board agreed amount—generally $500—the Board will file in district court for collection (see Section 1G6 below). Balances not paid within 60 days may be subject to late fees.
Noncompliance
If a RNH homeowner does not comply with the violation notice, and/or does not pay the amount assessed by the RNH Residents Association, the RNH Board may, without further notice to the RNH homeowner, file legal action against the owner for collection of the fines and compliance with the Association’s documents. Any expenses associated with legal action, or the collection of fines assessed, including court costs, attorney’s fees, will be added to the complaint and become the responsibility of the owner to pay. If a judgment awarded by the court remains unpaid, the RNH Board may place a lien for the amount of the judgment, plus costs, against the owner’s property and execute same to the full extent of the law. The Board may also initiate an execution sale against the homeowner’s personal property.