Covenant Enforcement Program
Adopted August 6, 1987
1. Every homeowner or lot owner in Cherry Hills should have
a copy of the Covenants, and should be familiar with the terms
of those Covenants.
2. Upon observation of a violation of any of the Covenants,
the homeowner or lot owner making the observation shall notify
a member of the Cherry Hills Homeowners Association Board of
Directors of the violation, with a description of the nature
of the violation, the time, the date, and the address of the
lot at which the violation occurred, and if possible, the name
of the person violating the Covenants.
3. Upon receipt of such report of a violation, the board shall
make reasonable efforts to investigate whether the violation
did in fact occur. If, after investigation, the Board believes
a violation occurred, or is occurring, the Board shall immediately
notify the owner(s), in writing, and if the violation is continuing,
state a deadline for cessation of the activity that violates
the Covenants. That notice shall specify the time, date, and
nature of the alleged violation, as well as any other relevant
information, including reference to the specific provision of
the Covenants that applies.
4. Within ten (10) days of the date of posting of the letter
described in paragraph 3 above, the person(s) to whom the letter
was addressed shall contact a member of the Board of Directors
or the Cherry Hills Homeowners Association to explain the circumstances
of the violation, and to:
a) indicate the violation has ended; or
b) indicate when, within the deadline imposed by the Board,
the violation will end; or
c) ask for an extension of time in which to end the violation,
stating reasons which might justify and extension; or
d) provide proof that no violation occurred.
5. If after ten (10) days from the date of posting
the notification letter, the Board has not received any response
from the person(s) to whom the letter was addressed, or if any
violation continues beyond the deadline for correction imposed
by the Board, and any extension granted in the Board's discretion,
the Board may impose a fine of $25.00 per day for each day a
violation occurs, except that violations of the covenant ban
on burning shall be subject to an immediate fine of $100.00 per
occurrence.
6. In cases in which a violation is corrected withing
the time period stated by the Board, but which is later repeated,
each successive violation after the initial contact by the Board
shall be subject to an immediate fine of $25.00 per day from
the date of reporting to the Board. It is the intent of this
provision to avoid situations whereby, for example, a person
who has violated a Covenant would stop the activity in question
on the ninth day after notification from the Board, only to begin
the activity that violates the Covenants again on a later date.
7. In addition to the imposition of a fine as described
in paragraph 5 above, if the violation is not corrected within
the deadline imposed by the Board and any extension granted in
the Board's discretion, the Board may institute suite on behalf
of the Homeowners Association for an injunction prohibiting future
occurrences of the violation, for damages, and for any other
appropriate relief.
8. If within thirty (30) days of the initial billing
of the fine, the person(s) fined has not made full payment to
the Cherry Hills Homeowners Association, the board may institute
suite for collection of said fine and for any other appropriate
relief.
9. If suit is brought, the Board shall be entitled
to recover, on behalf of the Cherry Hills Homeowners Association,
the Board's reasonable attorney's fees and costs incurred in
judicial enforcement of the Covenants and the collection of fines.
10. Upon entry of a judgement against the party
violating the Covenants, the judgement shall be recorded as a
lien against the property involved.
11. All funds collected as a result of this procedure
shall be deposited in the general account maintained by the Cherry
Hills Homeowners Association, and shall be available for use
as any other funds in that account, such as, but not limited
to, funds collected as the annual assessment of association members.
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