1.
Receipt of Complaint
a.
All complaints must be submitted to Crest management either
by letter or email.
mail to:
crest management
b.
The complaint will be entered in their computer system and
will be checked on the next inspection.
2.
Investigation of Complaint
a.
Crest Management will drive the community one time a month
to view for any violations.
b.
If there is a violation, Crest management will send a letter
to the homeowner.
3.
Notification of Owner
a.
Crest management will send a letter (“Letter #1”) notifying
the lot owner that there has been a deed restriction complaint
and asking that the
violation be cured within 30 days. The letter will be mailed
first class and must describe the violation.
b.
Crest Management will check back on the property in 30 days.
If the violation has been corrected, the violation will be
deleted from their system.
c.
If there is no response or a negative response to Letter #1,
Crest Management will send another letter (“Letter #2”) giving a
30 day deadline for
remedy of the violation.
The letter will be mailed first class and must describe
the violation that is basis for the action, request correction
of
the violations within 30 days, and state that a $50.00 fine will
be levied unless the violation is corrected within 30 days of
the postmark date of the
letter or the owner contacts Crest to request a reasonable
extension of time to correct the violation.
d.
Crest Management will check back on the property after 30
days. If the violation
has been corrected , the violation will be deleted from their
system.
e.
If the violation is not corrected within 30 days of
the mailing date of Letter #2, Crest Management will mail a
third letter (Letter #3) certified demand
letter which will be mailed to the homeowner by certified mail
with return receipt requested.
This letter must describe the violation that is the basis
for the action and state that an additional fine of $150.00 will
be levied unless the violation is corrected within 30 days of
the postmark date of the
letter or the owner contacts Crest Management within 30 days to
request a reasonable extension of time to correct the violation
or to request a
hearing before the Board.
The letter will also state that the matter may be referred to an
attorney if the violation is not corrected within 30 days of
the postmark on the letter and will state that the owner will be
charged for reasonable attorney’s fees and reasonable costs
associated with the
violation of deed restrictions if the violation continues.
f.
If the violation is not corrected, or the owner does
not contact Crest to request a hearing or an extension of time,
within 30 days of the postmark
date of Letter #3, the board shall refer the matter to an
attorney to write the lot owner.
4.
Referring Complaint to Attorney
a.
If the Board decides to refer the matter to an attorney,
Crest Management will provide copies of the mailed notices to
the attorney and request that
he or she write a demand letter to the property owner requesting
compliance with the deed restrictions.
The attorney’s letter is to included a
statement that suit may be filed without further warning if the
violation is not remedied within an appropriate interval as
determined by the board.
b.
If the violations is corrected within the specified
interval, Crest Management will notify the attorney and send an
invoice to the lot owner for the
attorney’s fees in addition to the fine.
c.
If
the violation is not corrected within the specified interval,
the board will discuss further action with the attorney. Which
could result in filing a
lawsuit.
5.
Responsibilities
a.
The GEPOA Board will appoint those
responsible for carrying out these procedures.
b.
The decisions of Board
representatives are subject to review and approval
by the Board.
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