dR<\/p>\n
THIRD LAGUNA HILLS<\/p>\n
\u2014M U T U A<\/p>\n
L\u2014<\/p>\n
NOTICE TO MEMBERS<\/p>\n
November 1, 2017<\/p>\n
ARCHITECTURAL REVIEW PROCEDURES<\/p>\n
Summary of Civil Code \u00a7 4765<\/p>\n
Section a) of Civil Code 4765 requires that this section applies if the association’s<\/p>\n
governing documents require association approval before an owner of a separate<\/p>\n
interest may make a physical change to the owner’s separate interest or the common<\/p>\n
area, the association shall satisfy {specific} requirements.<\/p>\n
Civil Code 4765 applies to Third Laguna Hills Mutual; reference Article X \u2014 Architectural<\/p>\n
Control Committee of the Third Laguna Hills Mutual Covenants, Conditions and<\/p>\n
Restrictions (CCR\u2019s), which states:<\/p>\n
1<\/p>\n
Architectural Control:<\/p>\n
(a)<\/p>\n
Except for the purposes of proper maintenance and<\/p>\n
repair and as provided in Paragraph (c) hereof, no person, persons, entity<\/p>\n
or entities shall install, erect, attach, apply, paste, hinge, screw, nail, paint,<\/p>\n
build or construct any lighting, shades, screens, awnings, patio covers,<\/p>\n
decorations, fences, aerials, antennas, radio or television broadcasting or<\/p>\n
receiving devices, or make any change or otherwise alter whatsoever the<\/p>\n
exterior of any residential dwelling unit, residential carport, or residential<\/p>\n
garage constructed on or to be constructed on the above described<\/p>\n
property. For the purpose of this provision the term “exterior” shall mean<\/p>\n
any outside walls, outward surfaces, roofs, outside doors or other outside<\/p>\n
structures of said residential dwelling units, but not limited to, the roof,<\/p>\n
outside wall, outward surface, outside doors, and outside structures of all<\/p>\n
atrium type residential dwelling units.<\/p>\n
(b)<\/p>\n
Except for the purposes of proper maintenance and<\/p>\n
repair and as provided in Paragraph (c) hereof, no person, persons, entity<\/p>\n
or entities shall install, construct or build any walkways, slabs, sidewalks,<\/p>\n
curbs, gutters, patios, porches, driveways, fences, lighting, decorations,<\/p>\n
aerials, antennas, radio or television broadcasting or receiving devices, or<\/p>\n
other structures of any kind, on the property developed for residential use.<\/p>\n
(c)<\/p>\n
Except for the purposes of proper maintenance and<\/p>\n
repair, no person, persons, entity or entities shall perform any of the acts<\/p>\n
specifically set forth in Paragraphs (a) and (b) above until the Architectural<\/p>\n
Control Committee or a representative designated by a majority of the<\/p>\n
members of the Architectural Control Committee, has approved in writing<\/p>\n
the following as being in conformity and harmony of external design with<\/p>\n
existing structures of the property developed for residential use:
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 2 of 10<\/p>\n
(i)<\/p>\n
the complete plans and specifications, showing<\/p>\n
the kind, nature, shape, height, material, type of construction, scheme,<\/p>\n
and all information specified by the hereinafter named committee for the<\/p>\n
proposed alteration, modification, addition, deletion or any other proposed<\/p>\n
form of change to the exterior of any residential dwelling unit, residential<\/p>\n
carport or residential garage, as set forth in Paragraph (a), or changes to<\/p>\n
the property developed for residential use, as set forth in Paragraph (b);<\/p>\n
\u548c<\/p>\n
(ii)<\/p>\n
the block plan showing the location of such<\/p>\n
proposed alteration, modification, addition, deletion or any other proposed<\/p>\n
form of change.<\/p>\n
The Board<\/p>\n
is authorized to act as the Architectural Control<\/p>\n
Committee or, if the Board so elects, the Architectural Control Committee<\/p>\n
may consist of not less than five (5) and not more than nine (9) members<\/p>\n
appointed by the Board and the Board shall appoint replacement<\/p>\n
members to fill any vacancies.<\/p>\n
In the event any member is unable or<\/p>\n
unwilling to serve on the Architectural Control Committee, the remaining<\/p>\n
member or members shall have full authority to approve or disapprove<\/p>\n
such proposed alteration,<\/p>\n
modification,<\/p>\n
addition,<\/p>\n
deletion or other<\/p>\n
proposed form of change and location.<\/p>\n
In the event the Architectural<\/p>\n
Control<\/p>\n
Committee fails to approve or disapprove such proposed<\/p>\n
alteration, modification, addition, deletion or other proposed form of<\/p>\n
change and location within sixty (60) days after complete plans and<\/p>\n
specifications therefor have been submitted to it, such approval will not be<\/p>\n
required and this covenant will be deemed to have been fully complied<\/p>\n
with.<\/p>\n
Such complete plans and specifications shall be personally<\/p>\n
delivered or mailed to the Architectural Control Committee in care of the<\/p>\n
Manager. The plans and specifications shall be deemed submitted to the<\/p>\n
Architectural<\/p>\n
Control<\/p>\n
Committee upon<\/p>\n
the date such plans and<\/p>\n
The members of the<\/p>\n
specifications are received by the Manager.<\/p>\n
Architectural Control Committee shall not be entitled to any compensation<\/p>\n
for the services performed pursuant to this covenant.<\/p>\n
(\u00a9)<\/p>\n
In the event plans and specifications submitted to the<\/p>\n
Architectural Control committee are disapproved, the party or parties<\/p>\n
making such submission may appeal in writing to the Board. The written<\/p>\n
request must be received by the Board not more than thirty (30) days<\/p>\n
following the final decision of the Architectural Control Committee. Within<\/p>\n
sixty (60) days following receipt of the request for appeal, the Board shall<\/p>\n
render its written decision. The failure of the Board to render a decision<\/p>\n
within the sixty (60) days’ period shall be deemed a decision in favor of the<\/p>\n
appellant.<\/p>\n
(e)<\/p>\n
The Board shall, from time to time, adopt and<\/p>\n
promulgate architectural standards to be administered through the<\/p>\n
Architectural Control Committee.<\/p>\n
Neither the Board, the Architectural<\/p>\n
Control<\/p>\n
Committee, any member of either nor any representative
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 3 of 10<\/p>\n
appointed by the Architectural Control Committee assumes any liability or<\/p>\n
responsibility for the design, engineering, structural safety or conformance<\/p>\n
of the plans and specifications with building codes and other applicable<\/p>\n
laws.<\/p>\n
The review and approval or disapproval of any plans and<\/p>\n
specifications submitted to the Architectural Control Committee shall take<\/p>\n
into consideration the aesthetic aspects of the architectural designs,<\/p>\n
placement of the buildings, landscaping, color schemes, exterior finishes<\/p>\n
and materials and similar features as well as the architectural standards<\/p>\n
promulgated by the Board and the overall benefit or detriment which would<\/p>\n
result to the immediate vicinity and the Project generally.<\/p>\n
In considering<\/p>\n
modifications to facilitate access by persons who are blind, visually<\/p>\n
handicapped, deaf or physically disabled or to alter conditions which could<\/p>\n
be hazardous to these persons, the Architectural Control Committee shall<\/p>\n
exercise its authority as contemplated by the Davis-Stirling Common<\/p>\n
Interest Development Act or any successor provision.<\/p>\n
U)<\/p>\n
On a case-by-case basis, the Board shall determine in<\/p>\n
its sole discretion whether<\/p>\n
\u8fd9<\/p>\n
responsibility for the<\/p>\n
repair<\/p>\n
\u548c<\/p>\n
maintenance of any proposed alteration,<\/p>\n
addition or improvement<\/p>\n
described in Sections 1 (a) and (b) of this Article X shall be borne by the<\/p>\n
Owner who proposes to make, or cause to be made, the alteration,<\/p>\n
addition or improvement or by the Mutual. In the event that the Board<\/p>\n
determines that the Mutual shall discharge such repair and maintenance<\/p>\n
responsibilities, the cost of such repair and maintenance shall be borne by<\/p>\n
the Owner of the Unit which has been altered, added to or improved and<\/p>\n
shall be binding upon the successors and assigns of the Owner.<\/p>\n
\u8fd9<\/p>\n
Board shall estimate the annual cost (including reasonable reserves) for<\/p>\n
such maintenance and repair and may collect such costs as part of the<\/p>\n
Carrying Charges payable by such Owner.<\/p>\n
In the event the Mutual<\/p>\n
determines that the Owner shall be responsible for such repair and<\/p>\n
maintenance and the Owner fails to perform such repair or maintenance<\/p>\n
within a reasonable time after the need therefor arises, the Board may, at<\/p>\n
its option, elect to have the Mutual perform such repair or maintenance<\/p>\n
and levy a special assessment against the owner for the cost thereof<\/p>\n
Whether the responsibility for repair and maintenance shall be discharged<\/p>\n
by the Mutual or the owner, the costs thereof shall be home solely by such<\/p>\n
owner and shall become a lien upon the Condominium of such Owner<\/p>\n
under the circumstances described in Section 9 of Article IX.<\/p>\n
Further to the requirements provided by Civil Code 4765, the Mutual makes available to<\/p>\n
all its Members the Third Laguna Hills Mutual Alterations Standards. The Standards are<\/p>\n
available upon request at the Laguna Woods Village Community Center.<\/p>\n
These<\/p>\n
Standards identify established alterations that have been previously approved by the<\/p>\n
Mutual’s Board of Directors. The Alterations Standards are reviewed and updated as<\/p>\n
needed by the Mutual’s Alterations Standards Subcommittee, the Maintenance and
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 4 of 10<\/p>\n
Construction Committee, and the Board. Typically, a proposed alteration that meets the<\/p>\n
Alterations Standards requirements can be permitted without Board review.<\/p>\n
GUIDELINES FOR SUBMITTALS FOR PERMITS<\/p>\n
FOR STANDARD ALTERATION PERMITS<\/p>\n
An Application for Alteration Permit (Mutual Consent) must be submitted to the<\/p>\n
Manor Alterations Department to perform previously approved Standard Plan<\/p>\n
alterations or alterations conforming in all aspects to Board-approved Mutual<\/p>\n
Alteration Standards.<\/p>\n
A Mutual Consent permit is required for all alterations to the building. A City of<\/p>\n
Laguna Woods permit may be required. All fees for both Mutual and City permits<\/p>\n
shall be paid for by the Member and\/or the Member’s contractor. Member and\/or<\/p>\n
the Member’s contractor must supply the Manor Alterations Department with City<\/p>\n
permit numbers prior to beginning work.<\/p>\n
The Member applying for a permit shall provide to the Manor Alterations<\/p>\n
Department a detailed plan(s), for approval, indicating all work to be done, i.e.,<\/p>\n
size, location, description, and specifications.<\/p>\n
Prior to the issuance of a permit, the Member’s signature is required to indicate<\/p>\n
that the Member has received, read, understands and agrees to follow and<\/p>\n
adhere to all current Mutual Standards regarding the alteration.<\/p>\n
5. A signed Mutual Consent Form is required in order to obtain a permit.<\/p>\n
In order that a Member may propose an alteration that is not an established Alteration<\/p>\n
Standard, the Mutual provides the Member the opportunity to submit a Request for<\/p>\n
Variance. Guidelines for submittals for Variance Requests and submittals for Standard<\/p>\n
Alteration Permits follow:<\/p>\n
GUIDELINES FOR SUBMITTALS<\/p>\n
FOR VARIANCE REQUESTS<\/p>\n
1. Variance Requests are submitted to obtain approval for a variance to construct a<\/p>\n
non-standard alteration, that which is different from the Mutual’s Alteration<\/p>\n
Standards and\/or Standard Plans. Variance Requests are submitted to the Manor<\/p>\n
Alterations Department for consideration by the Mutual’s Maintenance and<\/p>\n
Construction Committee, and the Board. A variance fee, per the current fee<\/p>\n
schedule, payable to GRF by check is required at time of submittal.<\/p>\n
The submitted proposal for a Variance Request must be legible, clear and concise<\/p>\n
and should not require assumptions on the part of the reviewing agent.
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 5 of 10<\/p>\n
The Variance Request must include a letter signed by the Mutual member that<\/p>\n
describes the proposed alteration(s). The submittal must also include conceptual<\/p>\n
drawings, or plans, of the proposed alteration.<\/p>\n
The plans must represent a true replication of both the existing floor plan and<\/p>\n
proposed floor plan modifications, inclusive of specific dimensional details of<\/p>\n
each.<\/p>\n
The plans must identify the precise location of the proposed alteration and any<\/p>\n
related alterations\/installations.<\/p>\n
For example, if the proposal is for a room<\/p>\n
expansion, the re-location of doors, if necessary, should be identified.<\/p>\n
The plans must provide specific details of how the proposed alteration would be<\/p>\n
constructed. For example, if a window is being installed, information detailing its<\/p>\n
size and whether it would be constructed of white-vinyl, dual-pane glass, etc.<\/p>\n
should be included.<\/p>\n
Where a Variance Request is for an alteration that is visible from the outside of a<\/p>\n
manor (room expansion, window installation, door re-location, etc), an exterior<\/p>\n
elevation must be submitted, inclusive of the alteration\u2019s proposed roofline.<\/p>\n
All plans must be site specific and original. Plans submitted for another manor for<\/p>\n
a similar requested alteration would not be considered.<\/p>\n
Do not change or alter standard plans; if an alteration will differ slightly from a<\/p>\n
standard plan, provide written documentation with a new manor plan indicating<\/p>\n
how the proposed alteration would vary from the standard plan.<\/p>\n
The Manor Alterations Department must be informed in writing of any deviations<\/p>\n
from an approved alteration that is being performed, prior to making any field<\/p>\n
changes. Any deviations from an approved plan must be approved by the Manor<\/p>\n
Alterations Department before it is made on the manor. Deviations from approved<\/p>\n
plans may require Board approval of an additional variance, thus a waiting period<\/p>\n
may result.<\/p>\n
Further to the requirements provided by Civil Code 4765: Pursuant to Article 7, of the<\/p>\n
Bylaws and Article X of the Amended and Restated Declaration of Covenants,<\/p>\n
Conditions and Restrictions, the Architectural Control and Standards Committee is<\/p>\n
hereby established as a standing committee of this Corporation; and the Board of<\/p>\n
Directors of this Corporation assigns the duties and responsibilities of the Architectural<\/p>\n
Control and Standards Committee of the Corporation as follows:<\/p>\n
The Architectural<\/p>\n
Control<\/p>\n
and Standards Committee (ACSC) shall<\/p>\n
have the<\/p>\n
responsibility to recommend approval or denial of all requests for nonstandard<\/p>\n
alterations and modifications, or alterations that have generated neighbor objection.<\/p>\n
Final recommendations shall be noted on the Mutual’s monthly Board meeting Agenda<\/p>\n
Consent Calendar.<\/p>\n
Variance Requests are processed as follows:<\/p>\n
1<\/p>\n
Variance Requests, and all required documentation, shall be submitted<\/p>\n
to the Manor Alterations Department a minimum of 30 (thirty) days
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 6 of 10<\/p>\n
prior to the next regularly scheduled ACSC Meeting in order to be<\/p>\n
considered.<\/p>\n
Staff will prepare a Variance Request report on all proposed alterations<\/p>\n
that<\/p>\n
includes;<\/p>\n
recommendation,<\/p>\n
a summary and<\/p>\n
background<\/p>\n
information, analysis, and any recommended conditions of approval.<\/p>\n
Using the written report and documentation, the Committee considers<\/p>\n
the Variance Request based on the following criteria:<\/p>\n
Compliance with existing standards<\/p>\n
Aesthetic effect<\/p>\n
Cost impact on the Mutual<\/p>\n
Conformity with Local and State Building Codes<\/p>\n
Compliance with applicable law<\/p>\n
Value impact<\/p>\n
By a counted vote of Committee Members present at the Meeting, the ACSC makes a<\/p>\n
recommendation to the Board for approval or denial of the request.<\/p>\n
The recommendation of the ACSC and the Variance Request report is considered at the<\/p>\n
next regularly scheduled Board Meeting, and by a counted vote of Board Members<\/p>\n
present at the Meeting, the Board either approves or denies the request, and passes a<\/p>\n
resolution of the Board’s decision.<\/p>\n
The Member is notified in writing explaining the Board’s decision, which may include, in<\/p>\n
the case of approval, required contingencies. The Member is notified that, in the case<\/p>\n
the Member wants to appeal a decision, in accordance with Resolution 03-03-08, the<\/p>\n
Member may appeal the Board’s decision within thirty days to the ACSC. The Board<\/p>\n
will make a final decision upon review of a recommendation from the ACSC.<\/p>\n
Should the Mutual Member decide to appeal, the Member submits a request for appeal<\/p>\n
in writing to the Board via the Permits and Inspections office.<\/p>\n
A memorandum regarding the appeal is prepared by Staff and presented to the ACSC<\/p>\n
for review, and by a counted vote of Committee Members present at the Meeting, the<\/p>\n
ACSC makes a recommendation to the Board for approval or denial of the original<\/p>\n
proposed alteration.<\/p>\n
By a counted vote of Board Members present at the Meeting, the Board either approves<\/p>\n
or denies the request, and passes a resolution of the Board’s decision.<\/p>\n
The Member is notified in writing explaining the Board’s final decision, which may<\/p>\n
include, in the case of approval, required condition of approval. The Member is notified<\/p>\n
that, in the case that the Board upholds its original denial of the proposed alteration that<\/p>\n
per Resolution 03-03-48, no further appeals will be granted for a twelve (12) month<\/p>\n
period from the date of the Board’s decision on the appeal. This twelve-month period<\/p>\n
shall apply to both the original requesting Mutual Member and the subsequent<\/p>\n
member(s) if any.<\/p>\n
The Mutual Board may choose to become involved in a Member’s appeal of the<\/p>\n
Committee\u2019s decision. Should the Board become involved, prior to the review of the<\/p>\n
appeal, the Committee will document justification of their decision. If necessary, the<\/p>\n
Committee has the authority to consult with the Mutual Legal Counsel for advice.
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 7 of 10<\/p>\n
The Committee shall have the authority to recommend new Architectural Standards or<\/p>\n
any revisions of all Mutual Architectural Standards. Final approval will rest with the<\/p>\n
Mutual Board.<\/p>\n
The Committee shall require Neighbor Awareness and Approval forms for all alteration<\/p>\n
requests including requests that appear to conform to standards.<\/p>\n
The Committee may impose contingencies upon approvals to ensure the structural,<\/p>\n
architectural, or common area integrity of the Members\u2019 request.<\/p>\n
The Committee shall insure that all structural alterations, including any internal and<\/p>\n
external physical changes, performed or caused to be performed by a Member, shall<\/p>\n
not be performed without prior written consent of the Mutual. Consent is given either by<\/p>\n
proper processing of approved alteration standard, or use of the variance request<\/p>\n
process. The Committee will recommend a Disciplinary Hearing for all alterations<\/p>\n
preceding approval or deviation from approved changes.<\/p>\n
Unauthorized Alterations<\/p>\n
With respect to a Member’s disregard for the rules on alterations, such as the<\/p>\n
installation of an alteration that is not in compliance with the Board’s determination, the<\/p>\n
Member may ultimately be brought forth for a member disciplinary hearing.<\/p>\n
Upon the discovery of an unauthorized alteration, the Manor Alterations Department<\/p>\n
provides the Member with a Notice of Unauthorized Alteration, which includes the<\/p>\n
requirements under which an alteration may be permitted.<\/p>\n
Upon receipt of a Notice of Unauthorized Alteration, all work must cease immediately<\/p>\n
and the Member must obtain all required City and Mutual permits before performing<\/p>\n
additional work.<\/p>\n
A re-inspection of the unauthorized alteration is performed no sooner than thirty days<\/p>\n
after the Notice of Unauthorized Alteration was issued.<\/p>\n
Should the inspection reveal that the Member’s alteration continues to be in violation,<\/p>\n
the Member is notified, in writing, of the violation and of the Board’s requirement that the<\/p>\n
unauthorized alteration must be corrected within a specified time period. The Member<\/p>\n
is advised that failure to comply may result in member disciplinary action in the form of a<\/p>\n
hearing before the Board of Directors.
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 8 of 10<\/p>\n
A second inspection is performed thirty days after the date of the notification, and<\/p>\n
should the inspection reveal that the Member’s alteration continues to be in violation<\/p>\n
after the previous requests to comply have gone unheeded, then the Member is notified<\/p>\n
via Certified and First Class Mail of a Member Disciplinary Hearing. This notification<\/p>\n
includes background information regarding the subject violation, the reasons for a<\/p>\n
hearing, the time and place of the hearing, and possibility of any and\/or all of the<\/p>\n
following: suspension, discipline, and fines.<\/p>\n
The Member is provided a copy of the<\/p>\n
Mutual’s Bylaws with respect to Discipline:<\/p>\n
THIRD \u2014 ARTICLE 4.5 and 4.6 of the BYLAWS<\/p>\n
4.5<\/p>\n
DISCIPLINE OR SUSPENSION.<\/p>\n
4.5.1 Grounds for Discipline or Suspension. The Board may discipline or<\/p>\n
suspend a Membership for the willful or repetitive failure of the Mutual Member to<\/p>\n
observe or perform the obligations of a Mutual Member as set forth in these Bylaws, the<\/p>\n
Covenants Conditions & Restrictions, the Articles of Incorporation, or any rules or<\/p>\n
regulations of this Corporation. The discipline or suspension may include the restriction<\/p>\n
of the right to use any facility managed by this Corporation for a period not to exceed<\/p>\n
ninety (90) days for each breach to run successively. The Board shall make a<\/p>\n
determination in each case of a discipline or suspension as to which common facilities<\/p>\n
shall be denied to the Mutual Member. The Board may also suspend or restrict the use<\/p>\n
of common facilities by all other persons claiming or exercising rights derived from the<\/p>\n
Mutual Member, such as Qualifying Resident, Co-occupant, Tenant, and Guests.<\/p>\n
4.5.2 Disciplinary Action by Board. The Board may take disciplinary action<\/p>\n
against any Mutual Member of this Corporation, Qualifying Resident, Co-occupant,<\/p>\n
Tenant, and their Guests for breach of these Bylaws, of the Restrictions, the Articles of<\/p>\n
Incorporation, or of any Rules or regulations of this Corporation on the part of the<\/p>\n
Mutual Member or Mutual Member’s Guest(s), any Co-occupant of the Mutual Member’s<\/p>\n
Manor or any Lessee of the Mutual Member’s Manor who may use the facilities of this<\/p>\n
Corporation or the Foundation. Any disciplinary action authorized hereunder shall not<\/p>\n
act as a bar to the exercise of any other right or remedy available to this Corporation<\/p>\n
against any other party for any such breach.<\/p>\n
4.5.3 Disciplinary or Suspension Action Authorized. Disciplinary or suspension<\/p>\n
action authorized hereunder may consist of any or all of the following: (1) a fine for each<\/p>\n
breach, not to exceed the maximum established in the adopted Schedule of Monetary<\/p>\n
Penalties; (2) suspension of the right to use any facilities operated or managed by the<\/p>\n
corporation for a period not to exceed ninety (90) days for each breach, and (3)<\/p>\n
suspension of the right to vote, whether by voice, ballot or written consent, on any or all<\/p>\n
matters brought before the Members for a period not to exceed one (1) year; and (4)
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 9 of 10<\/p>\n
may recommend to GRF to take disciplinary action against the Mutual Member, such as<\/p>\n
suspension of the right to use GRF\u2019s facilities, to the extent permissible under its<\/p>\n
Bylaws, rules or regulations; this Corporation may also make an application to a court of<\/p>\n
competent jurisdiction for legal or equitable relief.<\/p>\n
4.5.4 Right to Hearing.<\/p>\n
Before any disciplinary action is taken, the party<\/p>\n
charged with a violation shall be entitled to a hearing pursuant to the provisions of 4.6,<\/p>\n
except for traffic violations governed by 4.5.7 and 7.3, and except for the exercise of the<\/p>\n
remedies provided for in \u00a7 1367 of the Common Interest Development Law for collection<\/p>\n
of delinquent assessments, and monetary penalties for reimbursement of costs.<\/p>\n
4.5.5 Additional Remedies.<\/p>\n
The prevailing party shall be entitled to recover<\/p>\n
costs of suit and a reasonable sum for attorney\u2019s fees incurred in enforcing these<\/p>\n
Bylaws, or any rule or regulation of this Corporation.<\/p>\n
4.5.6 Authority to Adopt Rules.<\/p>\n
The Board is hereby authorized to adopt rules<\/p>\n
and regulations to carry out the purpose of this Section.<\/p>\n
4.5.7 Exception for Certain Traffic Violations.<\/p>\n
Except when a hearing is<\/p>\n
required by the traffic enforcement program approved by the Board of Directors of this<\/p>\n
Corporation, a Member, Qualifying Resident, Co-occupant, Lessee, or Guest who is<\/p>\n
cited for a traffic violation of any type may, in certain instances specified in the traffic<\/p>\n
rules enforcement program as revised and approved by the Board of Directors from<\/p>\n
time to time, elect to waive his\/her right to a hearing and commit to a traffic violation<\/p>\n
disciplinary action alternative as specified in the traffic rules enforcement program then<\/p>\n
in effect.<\/p>\n
4.6<\/p>\n
PROCEDURE FOR SUSPENSION OR DISCIPLINE.<\/p>\n
A Membership<\/p>\n
may be suspended or a Mutual Member disciplined according to the procedure set forth<\/p>\n
below. The term \u201cMutual Member\u201d in this Section shall include persons claiming or<\/p>\n
exercising rights under the Mutual Member, including Qualifying Resident, Co-occupant,<\/p>\n
Lessee or Guest or invitee of Mutual Member.<\/p>\n
4.6.1 Notice to Mutual Member.<\/p>\n
A notice shall be sent to the Mutual Member<\/p>\n
not less than fifteen (15) days prior to the effective date of the proposed suspension or<\/p>\n
proposed discipline, by First Class mail, to the most recent address of the Mutual<\/p>\n
Member shown on the Mutual records. Such notice shall set forth the proposed action<\/p>\n
to be taken against the Mutual Member or the Membership, the reasons therefore, the<\/p>\n
right to be heard, orally or in writing, at a
\nTLHM<\/p>\n
Architectural Review Procedure<\/p>\n
Page 10 of 10<\/p>\n
time which is not less than five (5) days before the effective date of the suspension or<\/p>\n
discipline, and the date, time and place of the hearing on the proposed suspension or<\/p>\n
discipline.<\/p>\n
4.6.2 Opportunity to be Heard and Present Evidence.<\/p>\n
The Mutual Member<\/p>\n
shall be given an opportunity to be heard and present evidence either in person, by<\/p>\n
counsel, or by both, or in writing, at a hearing before the Board of Directors to be held<\/p>\n
not less than five (5) days before the effective date of the proposed suspension or<\/p>\n
discipline.<\/p>\n
4.6.3 Decision, Communication.<\/p>\n
Following the hearing, the Board of Directors<\/p>\n
shall decide in good faith and in a fair and reasonable manner whether the Mutual<\/p>\n
Member should be suspended or disciplined and the terms and period of the<\/p>\n
suspension or discipline. The decision of a majority of the Board of Directors shall be<\/p>\n
final and binding upon the Mutual Member, and shall be communicated together with<\/p>\n
notice of the right to appeal the decision as set forth in 4.6.4, in writing to the Mutual<\/p>\n
Member.<\/p>\n
4.6.4 Limitation on Challenge.<\/p>\n
Any action challenging a suspension, or other<\/p>\n
disciplinary action taken against a Mutual Member, including a claim of defective notice,<\/p>\n
must be commenced within one year after the effective date of the suspension or other<\/p>\n
action.<\/p>\n
4.6.5 No Relief from Obligations.<\/p>\n
The suspension of a Membership in this<\/p>\n
Corporation or disciplinary action against a Mutual Member shall not relieve the Mutual<\/p>\n
Member<\/p>\n
from any obligation for charges incurred, services or benefits actually<\/p>\n
rendered, or dues, assessments or fees relating thereto, or from any obligation arising<\/p>\n
from contract, a condition of ownership, or otherwise.<\/p>\n
4.6.6 Effect of Termination. In the event of a termination of a Membership, this<\/p>\n
Corporation, at its election, thereupon shall either (1) repurchase said Membership at<\/p>\n
its market value, or<\/p>\n
(2) proceed with reasonable diligence to effect a sale of the<\/p>\n
Membership to a purchaser at a sales price acceptable to this Corporation.<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[1075,1737],"document_type":[53],"class_list":["post-17912","document","type-document","status-publish","hentry","document_category-architectural-standards-operating-rules-third","document_category-third-policies-procedures-ma","document_type-other"],"acf":{"document":312,"resolutions":null,"legacy_id":"","pdf_extracted_text":""},"yoast_head":"\n