The Board of Directors of Chestnut Grove Association, Inc. adopts and establishes the following schedule of monetary fines and penalties for violations by the Members, their tenants, guests and invitees.
FEE SCHEDULE
Amount | Frequency | Description of Violation | Authority of Violation |
$100.00 | Monthly | Building Restrictions. No building, fence, wall or other Structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made, nor shall the natural state of any area of any Lot be disturbed or altered, without HOA approval. * | Declaration of Covenants – Article VIII, Section 1 |
$100.00 | Monthly | Failure to keep a Lot, and all improvements thereon, in good order and repair, in a manner and with such frequency as is consistent with good property management and maintenance practices | Declaration of Covenants – Article VII |
Imposition of a fine for failure to comply with good property management and maintenance practices requires the unanimous consent of the Architecture Committee and/or Board of Directors present at any scheduled hearing and/or appeal.
DUE PROCESS PROCEDURES
The Chestnut Grove Board of Directors hereby adopts the following due process procedures in accordance with the Maryland Code Real Property, § 11B-111.10. Dispute settlement mechanisms.
- Before any fine may be imposed by the HOA will issue a written Notice of Violation (Notice) to the homeowner at their current address of record.
- The Notice shall state (a) The nature of the alleged violation; (b) The action required to abate the violation; and (c) a fair and reasonable period of time (not less than 15 days) during which the violation may be abated without further sanction.
- The Notice will, also, include a notice of the homeowners right and procedure to request a fair hearing before the HOA Board of Directors with respect to the claimed violation (including the right to present evidence and witnesses).
- A homeowner must submit a written request either via electronic mail, first class mail, or certified mail for a hearing before the Board of Directors within ten (10) business days of Notice receipt to prevent fines or penalties from being imposed and accruing during any hearing(s) and/or appeal related to that Notice.
- Only after the above procedural safeguards have been satisfied will any fines or penalties be imposed.
- Any hearing before the Board of Directors shall be held in executive session and afford the violator a reasonable opportunity to be heard, present evidence, and cross-examine witnesses. The HOA Secretary shall record minutes of any hearing to include a statement of the results of the hearing and any sanction imposed.
- A decision made in accordance with these procedures shall be appealable to the courts of Maryland.