AMENDMENT A
(Revised February 1, 2010)
WHEREAS
under
Article III, Section 3.02, item (h) of the By-Laws of the
Rolling Knolls Homeowners Association (Association), the Board
of Directors (Board) of the Association have the authority to
impose reasonable fees for certain administrative functions
provided by the Board and reasonable fines and penalties for
violations of the Declaration, By-Laws and Rules and Regulations
of the Association, and,
WHEREAS said fines and penalties for
general violations of the Regulations of the Association have
not been increased since December 1991, and,
WHEREAS according to the United States
Bureau of Labor Statistics, the 2009 rate of inflation since
1991 is 58.36%,
NOW THEREFORE the language in the sections
of the Rules and Regulations relating to fines and penalties
specified therein shall be replaced with the following set forth
in Schedule A of this Amendment, effective February 1, 2010.
All sections and articles of the By-Laws,
Covenants and Restrictions and Rules and Regulations of the
Rolling Knolls Homeowners Association not addressed in this
Amendment remain unchanged and shall be enforceable as enacted.
Schedule A - Modifications to Rules and
Regulations
The language in
the
specified section(s) of the Rules and Regulations of the Rolling
Knolls Homeowners Association, originally enacted on December
17, 1991, shall be changed heretofore as follows.
II. Policies and
Procedures
Regarding Enforcement
E. If a lot Owner is found to have violated personally or is
otherwise liable for a violation of any of the provisions of
the Declaration, By-Laws or Rules and Regulations of
the Association, the following shall occur:
3. Where a fine
is imposed, it shall be in the amount of One Hundred and
Fifty Dollars ($150.00) for single incidents of
violation or the sum of Forty Dollars ($40.00)
per day for a violation of a continuing nature. A FINE
FOR A VIOLATION OF A CONTINUING NATURE SHALL BE DEEMED A
SINGLE INCIDENT WITH A FINE IMPOSED EACH DAY THE
VIOLATION HAS NOT BEEN ELIMINATED AND THE ASSOCIATION
HAS RECEIVED NOTICE OF IT.
5. Paragraph
2.
In
addition to the foregoing assessment, and in order to
encourage Lot Owners to correct violations at their own
time and expense, and in order to compensate the
Association for the administrative expenses involved in
obtaining and supervising any such correction, the
Association will assess any Lot Owner, who forces the
Association to correct a violation, with an additional
administrative charge of One Hundred and Fifty
Dollars ($150.00) or Twenty Percent (20%) of
the cost of labor or materials, whichever is greater.
IV. Rules
Regarding
the Use,
Administration and Appearance of the Property
C.
Assessment and
Collections
2. Any payment
of less than the full amount of all assessment and other
charges which are due in any given year or any payment
which is made late shall cause the Lot Owner to be
subject to a Late Charge of Fifteen Dollars ($15.00)
per month, which shall be added to and deemed a part of
the Lot Owner’s Common Expenses.
VII. Rules
Regarding
closing and Transfer of Ownership
B. The Association may charge a fee in the amount of twenty-five cents
($0.25) per page of copy for the cost of this service,
or such higher amount as may be permitted by law.
C. The Association shall provide any Lot Owner, upon ten (10) days notice to
the Board or its authorized agents, a statement of his
account setting forth the amount of any unpaid assessments
and other charges due and owing from such owner. The
Association may charge a reasonable fee for this service,
which is presently set at Twenty-Five Dollars ($25.00)
per request. This amount may be charged from time to time
by the Board.
In the event a request is made which requires this
information to be provided in less than the ten (10) day
period, the Association will charge the Lot Owner an
additional fee. The additional fee shall be calculated by taking the
difference between ten (10) days and the number of days
remaining until the information must be provided and
multiplying that figure by Eight Dollars ($8.00).
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