VIOLATION NOTICE, HEARING AND FINE POLICY, RULES AND REGULATIONS
Goal
The Thousand Oaks Homes Association, Inc. (the “Association”), its Advisory Board and the Developer of the Thousand Oaks Subdivision, Forest Park Development of Kansas City, LLC (the “Developer”) are committed to creating and preserving a desirable place to live in the Northland. In order to ensure that Thousand Oaks residences gain and retain their value, all the homes in the neighborhood are subject to the Covenants and Restrictions of Thousand Oaks Homes Association Inc. (hereinafter “CCRs”).
Policy, Rule and Regulation
The CCRs, Article VIII, Section 1, authorizes the Association Board of Directors to make reasonable rules and regulations to enable it to adequately and properly carry out the provisions of the CCRs. The CCRs, Article VIII, Section 2 authorize the Developer or the Architectural Control Committee to enforce or to address violations of the Declaration. This policy and resulting rules are created to enforce Article VII of the CCRs
This policy and rule applies, without limitation, to all events and activities taking place within the property owned by the Association, the Association facilities and real property owned by the Association. This policy also applies to all privately-owned lots located within the Association boundaries.
Procedures for Declaration Violations, Notice and Implementation of Fines
An owner of property within the Thousand Oaks Subdivision whose lot or residence is in violation of the dedicatory instruments governing the Thousand Oaks Subdivision, including all statutory taws supplementing same, shall be provided notice of the violation in the following manner:
| Step | Action |
| 1 | First letter to Lot Owner will serve as a courtesy letter and notify the homeowner of the violation with no cost. |
| 2 | Second letter to Lot Owner will remind the Owner of ongoing violation exists, if disputed, will notify the homeowner that he/she has the right to meet with the Advisory Board or Board of Directors for the purpose of discussing the violation. this matter before the Association within 30 calendar days from the date of the letter will cause the imposition of a fine consistent with the Schedule of Fines set forth or, for violations not listed, in an amount of $25.00. This letter shall expressly identify the individual(s) to whom a request for hearing shall be made, including name(s), mailing addresses, phone numbers and email addresses. |
| 3 | Association A third notice requesting compliance will come in the form of an attorney demand letter. Lot Owners will be required to pay legal fees as well as the fine. Lot Owner will have 30 days to pay fine before a lien is put on the property. |
| 4 | If the violation(s) remain uncorrected following the notice/fine imposition period, the Advisory Board and/or Board of Directors will determine whether legal action is to be taken, including, but not limited to utilizing attorney demand letters, seeking a preliminary and permanent injunction against the non-compliant Lot owner, or performing, in accordance with the rights afforded to the Association under the Declarations, all activities necessary to repair, maintain or restore a Lot and removing or correcting a violation and imposing the related costs of repair or removal as a lien against the Lot in compliance with the Declaration. In emergent situations, where there is a significant risk of immediate harm, economic or otherwise, the Association may choose to abate, shorten, or modify the above procedure to mitigate the immediate harm or otherwise effect compliance of a violation. |
Schedule of Fines
The payment of fine does not grant a variance for a violation, nor does it enable a homeowner to allow the violation to remain unabated. All violations must be corrected in a manner satisfactory to the Association. If there is a subsequent violation of the same rule the fine amount may double with each subsequent violation. Lot owners will be financially responsible for all members of their household and all guests of their household in violation.
| Description of Violation | Fines |
| Holiday decorations displayed outside the timeframes established by the Covenants or Association Rules | $25.00 per occurrence; per day |
| Inoperable vehicles stored in public view | $25.00 per occurrence; per day |
| Boats, jet skis, recreational vehicles, trailers, etc. stored in public view | $100.00 per occurrence; per day |
| Trash receptacles left in public view on days other than designated pickup days | $15.00 per occurrence; per day |
| Home repairs needed (rotting wood, sagging gutters, damaged garage door, missing fence slates/pickets, mailboxes, yard lights, etc. | $50.00 per occurrence; per day |
| Lawn Maintenance (flowerbed maintenance, tree, lawn shrubs, etc.) | $25.00 per occurrence; per day |
| Exterior painting needed (house, front door, garage door, etc. | $50.00 per occurrence; per day |
| Mildew/Discoloration on home or property | $25.00 per occurrence; per day |
| Garage Sales Held on Non-Neighborhood Garage Sale Days | $50.00 per occurrence; per day |
| Modification, addition or alteration made to property without prior written approval from Thousand Oaks Subdivision when approval is required (Due to the severity of the modification, the fine may be assessed at a higher rate) | $250.00 one-time fee; possible additional find per occurrence; per day |
| Modifications erected or performed not in accordance with approval plans (Due to the severity of the modification, the fine may be assessed at a higher rate) | $250.00 one-time fee; possible additional find per occurrence; per day |
| Outside Storage of Oversized or Commercial vehicles (as defined in the CCR’s) | $250.00 one-time fee; possible additional find per occurrence; per day |
| Use of Fireworks on or over Association Common Areas | $500 per occurrence, issued immediately |
| Use of motorized vehicles on community trails, including but not limited to, golf carts, cars, motorcycles, off road ATVs. | $50 per occurrence, issued immediately without any written warning letters. |