Due Process & Grand Jury
Legal text
"(s) Due Process: No fine, penalty, or suspension of privileges may be levied against any Owner without strict adherence to due process. The Owner must first be provided a written warning detailing the specific covenant violated, accompanied by no less than fourteen (14) days to cure the alleged violation. If the violation remains unresolved after the cure period, the Board may not unilaterally impose a fine. Instead, the Board must submit evidence of the violation to an Anonymous Covenant Grand Jury. The Anonymous Covenant Grand Jury: To prevent neighborhood friction, retaliation, or compromising the safety of residents, the review of fines shall be conducted blindly. The Grand Jury shall consist of three (3) randomly selected homeowners (who are not current Board or ACC members). The Association management or Board shall present documentary or photographic evidence of the violation to the Grand Jury. The identities of the Grand Jury members shall be kept strictly confidential and anonymous from the infracting homeowner. The Grand Jury shall vote by secret ballot on whether the evidence constitutes a clear violation of the Covenants. A majority vote is required to validate the fine. This anonymous, independent validation serves as the final adjudicating step and provides evidentiary weight should the Association need to collect the fine in civil court."