THE GROVE HOMES ASSOCIATION
POLICY AND PROCEDURES OF ENFORCEMENT OF
HOMEOWNERS' PEST CONTROL OBLIGATIONS
Effective date: July 11, 2007
Whereas the Second Restated Declaration of Covenants, Conditions, and Restrictions of the Grove Homes Association (the "CC&R's"), at Article VI, Section 5, to which all homes and Common Area, including carports, within the Grove Homes Development are subject, requires the individual Homeowners to control pests, especially termites, in the homes and carports within the Development; and
Whereas Article II, Section 8 of the CC&R's authorizes the Board of Directors of the Association to enact, amend and enforce rules for the management and operation of the Development, including the control of pests within the homes and carports within the Development; and
Whereas the Board has determined that it is in the best interests of the Association to adopt policies and procedures for the application and enforcement of the CC&R's.
Now, therefore, on and after the effective date set forth above, the following policy and procedures shall apply to the control of pests within the homes within the Development. This policy and these procedures are intended to effectuate the individual Homeowners' obligations for pest control of their homes and carports set forth in the CC&R's.
A. Procedure for Pest Control
1. The Association may perform inspections of pest control performed by the Homeowners as follows:
2. The Association shall at least once per year, in its sole discretion, determine whether Homeowners should perform any pest control in order to maintain a uniform, and high standard of, appearance of the homes and carports. Such determination includes, but is not limited to the presence of any termites, signs of termites, or dry rot. If any pest control is necessary to be performed by a Homeowner, then the Association shall, in its sole discretion, determine the type of pest control necessary. All Homeowners shall allow the Association to inspect the homes and carports, and must, when requested by the Association, timely submit the form attached hereto as Attachment A.
3. The Association shall send to each Homeowner a specification of the type of pest control that the Homeowner is required to perform. If a Homeowner disagrees that it must perform the specified pest control, then the Homeowner may, within fifteen (15) days of receipt of the specification, send a written request to Association for a hearing with the Board. If a Homeowner fails to request such a hearing within fifteen (15) days, then that Homeowner is deemed to agree that it must perform the pest control.
4. Homeowners must perform the pest control set forth on the specification within forty-five (45) days from the date that the Association sent the list or within forty-five (45) days of a hearing, whichever is later. Homeowners may request, and the Association may grant, reasonable extensions to the forty-five (45) days.
5. Upon completion of a Homeowner's performance of the specified pest control, the Homeowner must send written notification to the Association.
6. If a Homeowner fails to timely perform the specified pest control, then after a hearing pursuant to the CC&R's, the Association may perform the pest control and impose a Supplemental Special Assessment against the Homeowner and their Lot for any costs that the Association incurs. Also, pursuant to the CC&R's, the Association may, when necessary, enter any home or carport to perform the pest control, including when a home has become a nuisance or safety hazard and then recover the cost of such action through imposition of a Supplemental Special Assessment against the offending Homeowner and their Lot.
1. Any Homeowner identified by the Association as possibly in violation of these procedures or of the CC&R's will receive written notice of a Board hearing to determine if a violation exists and, if so, to fix appropriate discipline. The notice will state the date, time and place of the hearing, will provide a general statement of the facts known to the Association, which may support such discipline and will inform the Homeowner that he or she has the right to attend the hearing and to be heard.
2. The Homeowner who is the subject of the discipline will be notified in writing of the Board's determination within fifteen (15) days after the Board reaches a decision. If the Board determines that a fine is appropriate, a fine shall be imposed as a Supplemental Special Assessment against the Homeowner and home.
3. If the Board determines that legal action to obtain injunctive relief is necessary, it shall first give the Homeowner the opportunity to engage in mediation or some other form of alternative dispute resolution acceptable to the Board and the Homeowner.
4. All costs, including attorney's fees, incurred by the Association in enforcing these procedures and the CC&Rs shall be the subject of a Supplemental Special Assessment against the Homeowner and their home and carport.
Board of Directors
The Grove Homes Association