Architectural Review Compliance Violations (Sections 6 and 10 of the Declarations and Covenants) are a serious matter and will be addressed using the following rules of enforcement. These penalties range from suspension of gate passes during season, while the violator is here, suspension of Golf and Tennis play and Fines.
Types of violations
- Work is performed without an ARC application and approval.
- Work is completed by an owner that is outside the ARC Guidelines without a completed ARC application and approval.
- Work not performed as stated on the application
- Work not performed within the time frame and schedule stated.
- Failure to submit project changes to an approved application. Submission to the ARC must be done before changes are made.
- Failure to follow the Guidelines related to tree removal and replacement.
- Improper deployment of Hurricane Shutters.
- Failure to follow required Hurricane Shutter deployment periods, specifically, when they can be installed and when they must be taken down.
The owner will be notified of the violation by letter. Following 14 days, non-compliance will result in gate privileges being removed, while the owner is here. Further noncompliance will result in penalties which will include Loss of Golf and Tennis privileges and fines of $100 per day up to $5000 until the application is approved.
In the event that the violator is an HOA or Neighborhood Association, the penalty will be a fine.
Privileges will be re-established following an application submission and approval. Privileges may be removed a second time if the ARC does not approve the application at the next regular meeting.
Rectification of a violation will be:
- Submission of a completed/amended ARC application no later than 14 days from the date of the notice.
- The owner may be required to restore the property to the condition existing prior to the violation.
Appeal Process. See Section 10 of the declaration for more info. A unit owner is allowed the opportunity to appeal a violation within 14 days and request a hearing before a judicial committee appointed by the Board of Directors.