Article XI: Enforcement of Non-Monetary Defaults
Section 1. Non-monetary Default
In the event of a violation by any Members or Owner (other than the nonpayment of any Assessments or other monies) of any of the provisions of the Governing Documents or restrictions set forth by the Association, the Association shall notify the Member or Owner of the violation by written notice. If the violation is not cured as soon as practicable, and in any event, no later than 7 days after the receipt of the written notice, or if the violation is not capable of being cured within the 7 day period, or if the Member or Owner fails to commence and diligently proceed to completely cure as soon as practical, the Association may, at its option:
(a) Specific Performance. Commence an action to enforce the performance on the part of the Member or Owner, or for such equitable relief as may be necessary under the circumstances, including injunctive relief; and/or
(b) Damages. Commence an action to recover damages; and/or
(c) Corrective Action. Take any and all action reasonably necessary to correct such violation, which action may include, but is not limited to, removing any building or improvement for which architectural approval has not been obtained, or perform any maintenance required to be performed by this Declaration, including the right to enter upon a Lot to make such corrections or modifications as are necessary, or remove anything in violation of the provisions of the Governing Documents or any restrictions set forth by the Association.
(d) Fines. Impose a fine or fines pursuant to Article IX of this Declaration.
Section 2. Fines
In addition to all other remedies, in the sole discretion of the Board of Directors or the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, tenants, or employees to comply with any covenant, restriction, rule or regulation, contained herein and rules or regulations promulgated under the Articles of Incorporation or Bylaws of the Association, provided the following procedures are adhered to:
(a) Notice
The Association shall notify the Owner of the infraction or infractions. Included in the notice shall be the date and time of the next Board of Directors meeting at which time the Owner shall present reasons why penalties should not be imposed.
(b) Hearing
The noncompliance shall be presented to the Board of Directors after which the Board of Directors shall hear reasons why penalties should not be imposed. A written decision of the Board of Directors shall be submitted to the Owner no later than 21 days after the Board of Director’s meeting.
(c) Appeal
Any person aggrieved by the decision of the Board of Directors as to a noncompliance may, upon written request to the Board filed within 7 days of the Board’s decision, file an appeal. An appeals committee will be appointed by the Board within 7 days of the request and shall consist of 3 non-interested members of the Association. The appeals committee will meet and file a written determination of the matter and serve copies on both the Board and the aggrieved person. In no case shall the appeals committee’s findings be binding on either Party; however, the Board may elect to review its decision in light of the findings of the appeals committee. A failure of an Owner to file an appeal shall be deemed to be a waiver of any further legal remedies relating to the infraction.
(d) Penalties
The Board of Directors may impose special assessments as follows:
- (i) First noncompliance or violation: a fine not in excess of One Hundred Dollars ($100.00).
- (ii) Second noncompliance or violation: a fine not in excess of Five Hundred Dollars ($500.00).
- (iii) Third and subsequent noncompliance, or violations that are of a continuing nature: a fine not in excess of One Thousand Dollars ($1,000.00).
(e) Payment of Penalties
Fines shall be paid not later than 30 days after notice of the imposition or assessment.
(f) Collection of Fines
Fines shall be treated as an assessment otherwise due to the Association.
(g) Application
All monies received from fines shall be allocated as directed by the Board of Directors.
(h) Nonexclusive Remedy
These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages that the Association may otherwise be entitled to recover by law from such Owner.
Section 3. Expenses
All expenses incurred by the Association in connection with the correction of any violation, or the commencement of any action against any Owner, including administrative fees and costs and reasonable attorneys’ fees and disbursements through the appellate level, shall be Special Assessments under this Article or Article VII.
Section 4. Late Fees
Any remedy sought by the Declarant or Association shall be subject to a late fee as set by the Board of Directors which shall bear an interest rate of twelve percent (12%) per annum.
Section 5. No Waiver
The failure of the Association to enforce any right, provision, covenant or condition which may be granted by the Governing Documents shall not constitute a waiver of the right of Association to enforce such right, provisions, covenant, or condition in the future.
Section 6. Rights Cumulative
All rights, remedies and privileges granted to the Association pursuant to any terms, provisions, covenants or conditions of the Governing Documents shall be deemed to be cumulative, and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the Association from executing such additional remedies, rights or privileges as may be granted or as it might have by law.
Section 7. Enforcement By or Against Persons
In addition to the foregoing, the Declaration may be enforced by the Declarant, the Association, or any Owner by any procedure at law or in equity against any Person violating or attempting to violate any provisions herein, to restrain any violation, to require compliance with the provisions contained herein, to recover damages, or to enforce any lien created herein. The expense of any litigation to enforce this Declaration shall be borne by the Person against whom enforcement is sought, provided such proceeding results in a finding that such Person was in violation of the Declaration. The prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees, costs and disbursements through the appellate level.
Section 8. Enforcement by St. Johns River Water Management District
St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water or Stormwater Management System.
Section 9. Certificate as to Default
Upon request by any Member, Owner or mortgagee holding a mortgage encumbering any Lot, the Association shall execute and deliver a written certificate as to whether such Member or Owner is in default with respect to compliance with the terms and provisions of this Declaration.