AMENDMENT TO BYLAWS OF
HONEY CREEK RIDGE HOMEOWNERS' ASSOCIATION
The Board of Directors of the Honey Creek Ridge Homeowners' Association ("Board of Directors") hereby amends the Bylaws of the Honey Creek Ridge Homeowners' Association ("the Association") by adopting an additional bylaw, designated "Article XII" and set forth below, to become effective thirty (30) days after adoption by the Board of Directors. This amendment to the Bylaws has been made in accordance with Article XI of the original Bylaws of the Association and Section 2.6 of the Declaration of Covenants, Conditions, Restrictions, and Easements for Honey Creek Ridge ("CCRs").
The amendment provides as follows:
ARTICLE XII
Fines for Violation of Bylaws. Rules and Regulations
(1) Authorization. The Board of Directors is authorized to impose and collect reasonable fines in accordance with the amount and procedures described in the following paragraphs for violation of the Bylaws or other rules and regulations of the Association, including the CCRs.
(2) Procedure. The procedure for imposition and collection of such fines shall be as follows:
(a) The Board of Directors shall provide a written notice of violation to a
member, advising the member that the Board of Directors will assess a
$250.00 fine against the member unless (i) the violation is cured before
expiration of thirty (30) days from the date on the notice, or (ii) the
member, within that 30-day notice period, requests in writing an
opportunity to be heard by the Board of Directors.
(b) If a member requests an opportunity to be heard by the Board of Directors
within the time allowed by the notice of violation, the Board of Directors
shall allow such hearing to be part of the agenda of the next regularly
scheduled meeting of the Board of Directors, or at the discretion of the
Board of Directors, the agenda of a special meeting called in accordance
with Article IV(6) of these Bylaws. After the member has been given the
opportunity to be heard regarding the violation, the Board of Directors
may, at its discretion, revoke the notice of violation, provide the member
additional time to cure the violation, assess the $250.00 fine, or take any
other action within its authority.
(c) For any fine assessed above under subsections(2)(a) or (2)(b), the Board
of Directors will send a notice of such assessment to the member.
(d) The Board of Directors may delegate to a duly appointed committee any
of the procedures described in subsections (2)(a)-(c), other than the holding of hearings.
(3) Continuing Duty to Cure. Any fine imposed under Sections (1) and (2) above
a shall not relieve the member of the duty to cure the violation for which the fine
was imposed. If the member fails to cure the violation within thirty (30) days
after imposition of the original $250.00 fine, an additional $50.00 fine will be
automatically assessed. The fine will continue to increase by $50.00 for each
thirty (30) days after the original fine is imposed, until the member cures the
violation.
(4) Actions for Collection of Fines. The Association may pursue collection of these
fines by action in accordance with Section 8.1 and other applicable provisions of
the CCRs and as otherwise allowed by law.
This Amendment was adopted by the Board of Directors of Honey Creek Ridge on January 18, 2001. All other original Bylaws of the Association are hereby reaffirmed.
