HHOA Fine Policy
Effective November 22, 2022
The covenants by which all Hermitage homeowners are legally bound to abide assure that community-wide standards are upheld so that our property values are protected. Hermitage Protective Covenants Article XII Section 1 Enforcement grants the Board of Directors the authority to impose sanctions for violations of our by-laws and covenants. The purpose of sanctions is to deter violations of these covenants, not to create hardships for homeowners.
- Ordinary Violations are subject to the following fine schedule:
|Second Notice:||$25 fine|
|Third Notice:||$50 fine|
|Additional Notices:||$100 fine|
The Board may choose to send a Courtesy notice prior to the first Warning notice for 1st time violations not easily or quickly corrected such as those that require repairs or painting.
- Violations of an egregious nature are subject to the fine schedule below:
|Second Notice:||$100 fine|
|Third Notice:||$200 fine|
|Additional Notices:||$400 fine|
Examples of this are noncompliant architectural modifications, storage of large unauthorized vehicles not hidden from view, and construction left unfinished for longer than 90 days.
- Following a Third Notice, the Board may choose to enforce Article XII Section 2 Self-Help which allows for the abatement or removal of the Violation at the homeowner's expense.
- Repeat Violations: When a homeowner who rectified a Violation commits a similar Violation within 6 months from the date of the original notice of Violation, that is considered a Repeat Violation whereby the fine schedule will resume at the stage when the Violation was rectified. Example: Homeowner receives a First Notice regarding an overgrown lawn. The violation is rectified by mowing the lawn. Four months later, the lawn is overgrown again. As the Violation has recurred within 6 months, the homeowner receives a Second Notice with fine.
- Safety Violations that threaten the health or safety of residents are cause for immediate Self-Help enforcement at homeowner's expense as well as a fine of up to $500 with no notice.
- Damage to common property that is determined to be deliberate or due to negligence is cause for a $250 fine on top of the cost for repair or replacement.
- Architectural Review infractions are subject to the following sanctions:
|a)||Beginning a project prior to receiving approval in writing||$50-$250*|
|b)||Beginning a project that is different than was approved||$50-$250*|
|c)||Failure to comply with a cease order for a or b||$50-$250*|
|* fine amount is determined by the severity of the infraction|
|Within 10 days from receipt of a fine notice, the homeowner may request a hearing with the Hermitage HOA Board of Directors to challenge the validity of a violation. If a hearing is requested, it shall be held before the Board in an executive session, and the homeowner shall always be given a reasonable opportunity to be heard.|
This fine policy is established pursuant to Hermitage Protective Covenants Article XII §1 which directs the Board of Directors to impose fines or other sanctions in order to enforce the covenants. Always refer to this webpage for the latest revision.