Liberty Commons Condominium Trust (“Liberty Commons”) has instituted a due process hearing policy to provide Unit Owners and/or Non-Owner Residents (a person who is a resident and/or occupant of the Unit other than the legal Unit Owner) with an opportunity to dispute allegations of violations of the Liberty Commons Condominium Trust’s documents. The aim of this policy is to afford Unit Owners and/or Non-Owner Residents who wish to provide the Board of Trustees (“Board”) with information an opportunity to be heard in a fair and polite forum. When any Unit Owner is sent a written warning or notice from or on behalf of the Board as a result of a first time offense or violation, the Unit Owner and/or Non-Owner Resident may request a due process evaluation in accordance with the following procedure:
10.1. Any Unit Owner sent a warning notice or violation notice from the Board or managing agent as a result of any first-time violation may, within seven (7) days from the date of the notice, request a due process evaluation. The Unit Owner and/or Non-Owner Resident shall notify the Board or managing agent of his or her request for an evaluation in writing along with a brief written position statement explaining why he or she should not be subject to enforcement action or otherwise disputing the violation. The Unit Owner and/or Non-Owner Resident may attach photographs or other documents to the position statement in support of the Unit Owner and/or Non-Owner Resident’s position, if appropriate. If the request and position statement are not received in writing within this time period, the Unit Owner and/or Non-Owner Resident shall be deemed to have waived his or her right to an evaluation under this policy.
10.2. If the Unit Owner and/or Non-Owner Resident requests a due process evaluation in writing in the time period set forth above, the Board shall, in the Board’s discretion, determine whether the evaluation will be conducted by a hearing/meeting with the Board or by the exchange of written documentation only.
10.3. The Board may, in its reasonable discretion, solicit input from other sources who may have material information regarding the alleged violations or whose interest would be affected by the Board’s decision with respect to the violation or enforcement of the Condominium documents.
10.4. If the Board elects to hold a hearing/meeting, the Unit Owner shall be notified of the date of the hearing in the Board’s response to the Unit Owner and/or Non-Owner Resident’s request, which date shall initially be within thirty (30) days of the date of the receipt of the request by the Board and held at a location, date and time determined by the Board. At any such hearing, the Unit Owner and/or Non-Owner Resident shall have the right, personally or by legal counsel, to give testimony orally, in writing, or both, subject to reasonable rules or procedures established by the Board. The Unit Owner and/or Non-Owner Resident shall also have the right to question the Board and any witnesses with respect to the subject matter of the hearing. At the hearing, the Board need not comply with the strict legal rules of evidence observed by courts, but they shall consider only such evidence as reasonable people customarily consider in making important decisions.
10.5. If the Unit Owner and/or Non-Owner Resident elects to bring legal counsel to the hearing, he or she must inform the Board in writing of this decision, along with the name of the counsel, at least seven (7) days prior to the hearing. At any hearing where the Unit Owner/Non-Owner Resident intends to bring counsel, the Board reserves the right to have the Association’s counsel present.
10.6. Within fourteen (14) days after the hearing, or in the case of a written evaluation only, within fourteen (14) days from the Board’s receipt of the Unit Owner and/or Non-Owner Resident’s position statement, the Board will send a notice of findings to the Unit Owner at the address on file with the Trust. All Unit Owners are required to maintain a current mailing address and other contract information on file with Liberty Commons Condominium Trust at all times.
10.7. Based on the information available to the Board from the Unit Owner, Non-Owner Resident and/or other sources, the Board of Trustees, after the due process evaluation, may determine to take no further enforcement action or may decide to impose fines and costs (including attorneys’ fees), or to take such other enforcement action (including legal proceedings) as the Board deems appropriate.
10.8. All fines, late fees, or other assessments imposed by the Board on behalf of Liberty Commons Condominium Trust shall be invoiced after the Board’s determination of findings and the Unit Owner shall be responsible to pay any amounts owed in full in accordance with the Rules and Regulations, Article 9 — Payment of Condominium Obligations.
The Board of Trustees shall have the power to levy fines against Unit Owners for violations of the Declaration of Trust and Bylaws, Master Deed or reasonable Rules and Regulations established by it to govern the conduct of the Unit Owners in the Common Elements. No fine may be levied for more than $20.00 for any one violation but for each day a violation continues it shall be considered a separate violation. Collection of fines may be enforced against Unit Owner or Unit Owners involved as if the fines were common charges owed by the particular Unit Owner or Unit Owners. In the case of persistent violation of the Rules and Regulations by a Unit Owner, the Board of Trustees shall have the power to require such Unit Owner to post a bond to secure adherence to the Rules and Regulations.