Keeping up with Rules & Compliance
ENPHA Compliance issues are handled by Summit Resort Group. If there is a compliance violation, the compliance officer will attempt to resolve the issue through a phone call or personal visit.
The Association's executive board will review all suspected violations of the governing documents coming to its attention and take appropriate action in its discretion. Before imposing a fine for any violation of the governing documents, the Association will provide notification and the opportunity for a hearing as described below. Nothing herein shall prevent the Association from taking enforcement action other than imposing a fine in any manner provided by law or in equity and at any time.
Before imposing a fine for any violation of the governing documents, a written complaint will be provided to the Owner generally describing the nature of the suspected violation, which need not be formal. The executive board shall give the Owner an opportunity for a hearing at a regular or special meeting of the executive board. The notice may be given by any method provided in the governing documents or otherwise reasonably calculated to provide the Owner with actual notice. The risk of nondelivery of notice is on the Owner. The notice may require a response by the Owner within a designated time not less than ten calendar days from the date of the notice and the failure of the Owner to respond to the notice or to cooperate in scheduling the hearing will be deemed a waiver of the opportunity for a hearing and the fines may be imposed as determined by the executive board.
Fine Schedule
The Association will determine whether any violation was a single occurrence or a continuing violation. In the case of a single occurrence, meaning a violation that occurred on a single occasion, the Association may levy a fine of up to $200 for a first violation of the rules, $400 for a second violation of the rules, and $600 for any subsequent violation of the rules by the same Owner. The Owner need not violate the same provision of the rules in order to be liable for repeat violations. In the case of a continuing violation, meaning a violation that occurred and/or continues for more than one day, the executive board may levy a fine of up to $100 per day that such violation continued. If an Owner does not request a hearing, or if the Owner is determined to be in violation at the hearing, fines will be imposed retroactively to the date of the violation (not the date of the notice) unless otherwise determined by the Association.
Mediation
Any controversy between the Association and an Owner may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. The mediation agreement, if one is reached, may be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.
