By-Laws of Harbour Vista Homeowners’ Association, Incorporated (july 7, 1980)

Section 12.01. Suspension of Privileges. In the event of an alleged violation of the Declaration, these By-Laws or the Rules and Regulations of the Association, and after written notice of such alleged failure is given to the Member or to any agent of the Member ("respondent") alleged to be in default in the manner herein provided, by first class mail or by certified mail return receipt requested, or both, the Board shall have the right, after affording the respondent an, opportunity for an appropriate hearing as hereinafter provided, and upon an affirmative vote of a majority of all Directors on the Board to take any one or more of the following actions; (1) levy a Special Assessment against the respondent collectible in the same manner as Annual Assessments as provided in the Declaration, ( 2) suspend or condition the right of said respondent. to the use of the recreation facilities operated or maintained by the Association, (3) suspend the respondent's voting privileges as a Member, as further provided in the Declaration or ( 4) record a Notice of Noncompliance encumbering the Condominium of the respondent as further provided in the, Declaration. Any such suspension shall be for a period of not more than thirty ( 30) days for any noncontinuing infraction , but in the case of a continuing infraction (including nonpayment of any assessment after the same becomes as delinquent) may be imposed for so long as the violation continues. The failure of the Board or the Architectural Committee to enforce the Rules and Regulations of the Association, these By-Laws or the Declaration shall not constitute a waiver of the right to enforce the same thereafter. The remedies set forth above and otherwise provided by these By-Laws shall be cumulative and none shall be exclusive. However, any individual Member must exhaust all available internal remedies of the Association prescribed by these By-Laws, or by the Rules and Regulations of the Association, before that Member may resort to a court of law for relief with respect to any alleged violation of the Declaration, these By-Laws or the Rules and Regulations of the Association by another Member, provided that the foregoing limitation pertaining to exhausting administrative remedies shall not apply to the Board, or to any Member where the complaint alleges nonpayment of Annual Assessments, Special Assessments, capital Improvement Assessments or Reconstruction Assessments.

Section 12.02. Written Complaint. A hearing to determine whether a right or privilege of the respondent under the Declaration or these By-Laws should be suspended or conditioned, whether a Special Assessment should be levied, or whether a Notice of Noncompliance shall be recorded against the Unit of the respondent, shall be initiated by the filing of a written Complaint by any Member
or by any officer or member of the Board with the President of the Association or other presiding member of the Board. The Complaint shall constitute a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, and a reference to the specific provisions of the Declaration, these By-Laws of the Rules and Regulations of the Association which the respondent is alleged to have violated. A copy of the Complaint shall be delivered or mailed to the respondent in accordance with Section 12.01 of these By-Laws and the notice procedure set forth in the Declaration together with a statement which shall be substantially in the following form:

"Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying Complaint is delivered or mailed to the Board of Directors within thirty (30) days after the Complaint was delivered or a mailed to you, the Board of Directors may proceed upon the Complaint without a hearing, and you will have thus waived your right to a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled 'Notice of Defense' to the Board of Directors at the following address:


The respondent shall be entitled to a hearing on the merits of the matter if the Notice of Defense is timely filed with the Board of Directors. The respondent may file a separate statement by way of mitigation, even if he does not file a Notice of Defense.

Section 12.03. Notice of Hearing. The Board shall serve a notice of hearing, as provided herein, on all parties at least ten (10) day prior to the hearing, if such hearing is requested by the respondent. The hearing shall be held no sooner than thirty (30) days after the Complaint is mailed or delivered to the respondent as provided in Section 12.02 of this Article XII. The notice to the respondent shall be substantially in the following form but may include other information:

"You are hereby notified that a hearing will he held before the Board of Directors of the Association at


on the _____________ day of ____________,

19____ , at the hour of ________________________,

upon the charges made in the Complaint served upon you. You may be present at the hearing, may but need not b represented by counsel, may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to request the attendance of witnesses and the production of books, documents or other items by applying to the Board of Directors of the Association."

Section 12.04. Hearing. The hearing shall be held in executive session pursuant to this notice. affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder,. proof of notice, and the invitation to be beard 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 or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting.The minutes of the meeting shall contain a written statement of e results of the hearing and the sanction, if any, imposed. No action against the Member arising from the alleged violation shall take effect prior to the expiration of (a) fifteen (15) days after the Member's receipt of the notice of hearing, and (b) five (5) days after the hearing required herein.

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