EditARTICLE 5 MONETARY AND OTHER PENALTIES
5.1 Power of Board of Directors to impose Monetary Penalties. In accordance with the procedures set forth in this Article 5, the Board of Directors shall have the right to impose reasonable monetary penalties against any Lot Owner who violates any provisions of the Project Documents. Any monetary penalty imposed by the Board of Directors shall be imposed only after the procedures set forth in this Article 5 have been substantially satisfied. The requirement of a notice and hearing under this Article 5 shall not apply to the imposition of late fees or charges for non-payment of Assessments or to the suspension of voting rights or the right to use the recreational Common Area for non-payment of Assessments. At such time as the Board adopts a schedule of late charges and penalties for late payment of Assessments the same shall acme automatically upon lapse of the fifteen day grace period established in the Declaration for payment of Assessments.
5.2 Notice of Violation. If the Board of Directors becomes aware of a violation of the Project Documents and desires to impose a monetary penalty against the Lot Owner who violated the Project Documents, the Board of Directors shall serve the Lot Owner with written notice of the violation. The notice shall contain the following:
(i) The nature of the alleged violation;
(ii) Information on how to request an opportunity for a hearing on the alleged violation to be held no later than the next regular Board meeting (to be returned by the affected Lot Owner within ten (10) days after the date of the written notice of violation, unless a longer time to respond is permitted by the Board for exigent circumstances);
(iii) The proposed monetary penalty to be imposed by the Board of Directors. Upon the Board's receipt of a request for hearing regarding an alleged violation of the Project Documents, fines, imposition of monetary penalties and commencement of legal actions, shall be stayed until the matter of the alleged violation is resolved unless otherwise indicated by the Board in a written notice due to the seriousness of the alleged violation. The Board shall, within a reasonable time after receipt of a request for hearing, deliver a notice of hearing to the affected Lot Owner. The notice of hearing shall specify the time and place of the hearing (to be held not earlier than fifteen (15) days' after delivery of the notice of hearing) and shall contain an invitation to the Lot Owner to produce statements, evidence and witnesses on his behalf and advising the Lot Owner that he may be represented at the hearing by an attorney.
5.3 Hearing. The hearing on any alleged violation of the Project Documents shall be held at the time and at the place designated in the notice served pursuant to Section 5.2 of these Bylaws. Proof of service of the notice as required by Section 5.2 of these Bylaws shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director or agent who served the notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the monetary penalty, if any, imposed by the Board of Directors. Any fine which is imposed by the Board following a hearing pursuant to this Section 5.3 shall be paid by the offending Owner within a reasonable time frame established by the Board on a case by case basis pursuant to Board policies or Rules (but not less than ten (10) days) after a notice of the action of the Board is served upon the Owner as provided in Section 1.9 of these Bylaws. After such payment period established by the Board in its notice of action, if such monetary penalty or fine is unpaid by the Owner, the Association, among other remedies, may: (i) seek to enforce its Assessment Lien to the extent any penalties or fees payable under this Article V are secured thereby in the manner provided in the Declaration for enforcement of Assessment Liens or, in the alternative, and/or if not so secured, or (ii) file suit to obtain a civil judgment against the offending Owner and, upon obtaining same, record the judgment against his Lot. Any fines imposed pursuant to this Article 5 shall be the joint and several liability of all of the joint Owners of the Lot, including co-tenants and Persons holding title as community property.
5.4 Suspension of Rights to Use Recreational Common Area. If any Lot Owner is in arrears in the payment of any Assessment, Collection Cost or other fees or charges due under the terms of the Project Documents for a period of fifteen (15) days, the Lot Owner's right to use the recreational Common Area, if any, shall be automatically suspended and shall remain suspended until all payments, including accrued interest and attorneys' fees, are paid and/or brought current. In addition, a Lot Owner's or Resident's right to use the recreational Common Area shall be suspended for any continuing infraction of the Project Documents by the Lot Owner, his Lessees or their respective Invitees, that is not cured within thirty (30) days after notice thereof from the Association and shall remain suspended until any such infraction or violation of the Project Document ceases as reasonably determined by the Board. The Board may also impose a suspension of a Lot Owner's or Resident's right to use the recreational Common Area for a period not to exceed sixty (60) days by giving written notice of such suspension to any such Lot Owner who has committed, or whose Lessees, or their respective Invitees have committed, repeated or multiple single infractions (three or more instances) of any provisions of the Project Documents in any six month period by giving written notice to such Lot Owner or Resident of the suspension (regardless of whether such infractions have been subsequently cured or ceased). In the case of a summary suspension of recreational Common Area use rights pursuant to this Section 5.4, the Board shall provide the date of the next scheduled Board meeting in the suspension notice. The affected Lot Owner or Resident may request a hearing before the Board before such suspension becomes effective if the Lot Owner or Resident serves a written request for a hearing on the Board within ten (10) days after the Board's service of the suspension notice on the Lot Owner or Resident in the manner provided in Section 1.9 above. Upon the Board's receipt of a request of a hearing, the matter shall be heard at the next scheduled Board meeting. Any suspension of use rights under this Article 5.4 shall also apply to any Resident or any other Person occupying the Lot Owner's Residential Dwelling, irrespective of whether the occupancy is temporary or long term. The Board's right to suspend a Lot Owner's right to use the recreational Common Area pursuant to this Section 5.4 shall be in addition to the right of the Board to suspend a Lot Owner's voting rights in accordance with Section 2.1 1 of these Bylaws and the Declaration.
5.5 No Limitation on Other Rights and Remedies. Nothing contained in this Article V of these Bylaws shall be construed as limiting the rights and remedies of the Board or any other Owner to enforce the Project Documents provided therein or available at law or in equity, it being understood that this Article V relates to the imposition of certain fines and other penalties and is not intended as a recitation of the entire scope of the rights and remedies of the Board, the Association or any Owner or Member.