Resolved and Adopted (est. 2010)
This policy seeks to enforce the provisions of the Covenants, Conditions and Restrictions, filed with the Eagle County Clerk and Recorder's Office on September 21, 1984, reception #291602, and subsequently amended on April 10, 1985, reception #307263 for Summit Vista Subdivision, Lots 1 - 47, as filed in the Summit Vista Final Plat, on September 21, 1984, reception #291599 (hereinafter referred to as the "CCRs").
This policy shall apply equally to the Articles and Bylaws, Design Review Guidelines, Rules and Regulations and the decisions and resolutions of the Association or the Board of Managers of Summit Vista, as the same may be lawfully amended from time to time. The authority of this policy is granted in CCR 6.5.
On a regular basis, the designated authority will tour the Summit Vista Subdivision to note any CCR violations and validate any reports of violations made by homeowners All violations will be documented.
Enforcement includes:
Immobile, unregistered vehicles, or trailers parked on street
On-street parking
Excessive speed
Loud music or parties
Lawn maintenance
Dog running at large
Dog waste
Other
Enforcement shall be as follows:
Stage 1 – Notice of Violation
A Notice of Violation shall be mailed by First Class Mail to the homeowner at their address of record and to the Summit Vista property address if that should be different from the address of record for the homeowner.
This Notice shall include:
• A clear description of the violation along with the sections of the CCRs being violated.
• A copy of this Enforcement Policy and fine structure that will be followed should the violation not be corrected.
• A deadline of 14 days from the date that the Notice of Violation is postmarked, by which the violation must be corrected or contested.
•The address to which written notification of appeal must be sent, along with the process by which an appeal may be made, in the event the homeowner wishes to contest the violation.
Stage II – $50 Fine
In the event that the violation is not corrected or properly appealed by the deadline contained within the Notice of Violation the Notice of Violation shall be forwarded to the Board of Managers for approval by at least two members of the Board.
For all violations approved by the Board, a certified letter and a first class letter shall be sent to the homeowner's address of record with the above information and a $50.00 fine will be assessed to that homeowner's account.
Stage III – $100 Fine
In the event that the violation is not corrected within 14 days from the day that the Stage II certified letter is mailed, a second first class letter will be sent to the homeowner's address of record with the above information and an additional $100.00 fine will be assessed to that homeowner's account.
Stage IV – $125 Continuous Weekly Fine
In the event that the violation is not corrected within 14 days from the day that the Stage III letter is mailed, an additional $125.00 fine will be assessed on a weekly basis until the violation is corrected.
Stage V – Lien
Once the homeowner’s account balance, which may include other assessments or fines, reaches a balance of $500, a lien will be placed on the homeowner's property and the homeowner will be notified of such according to the legal notice requirements of the State of Colorado. The homeowner will be billed for any attorney fees and costs incurred by the Association.