AMENDED AND RESTATED BYLAWS
TUXFORD HOMEOWNERS ASSOCIATION, INC.
Article V - Rule Making and Enforcement
Authority and Enforcement. The Property shall be used only for those uses and purposes set out in the Declaration. The Board of Directors shall have the authority to make, modify, repeal and enforce reasonable rules and regulations governing the conduct, use, and enjoyment of the Property and the Common Property; provided, copies of all such rules and regulations shall be furnished to all Members, Owners and occupants. Any rule or regulation may be repealed by the affirmative vote or written consent of a Majority of the total Association vote at an annual or special meeting of the membership.
Every Member, Owner and occupant shall comply with the Declaration, Bylaws and rules and regulations of the Association, and any lack of compliance shall entitle the Association and, in an appropriate case, one or more aggrieved Lot Owners, to take action to enforce the terms of the Declaration, Bylaws or rules and regulations. The Board shall have the power to, among other things, impose reasonable fines, which shall constitute a lien against the Owner’s Lot, and to suspend rights to use the Association’s facilities as set forth herein below.
The failure of the Board to enforce any provision of the Declaration, Bylaws, or any rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter.
"Guest" is defined as a person using the property or Recreation Facilities of the Association at the invitation of a Full Mandatory Member and who does not reside within the residential boundaries of Tuxford subdivision.
The Board of Directors shall determine rules and regulations as to the number of guests allowed, the frequency of visits by guests to Association facilities, the fees charged for such guests and any other issues concerning guests and the use thereby of the Association facilities.
Suspension. Any Member, member of the family of a Member or Member's tenant or guest may be suspended and denied use of the Association's facilities for acts and conduct prejudicial to the best interest of the Association and its Members and/or for violation of any duty imposed under the Declaration, these Bylaws or any rules and regulations duly adopted hereunder. Suspension for such reasons shall not exceed fifteen (15) days and shall not be the cause of abatement or proration of dues, fees or assessments. In addition, the right to use the facilities may be suspended for nonpayment of assessments as provided in Paragraph 5(c) of the Declaration. Suspension shall be effective upon giving of the notice or such later date as may be specified in the notice. The Board of Directors is authorized to determine suspensions.
Suspension Procedure. The Board shall not suspend any rights to use the Common Property or Recreation Facilities unless and until notice of the suspension and violation is given as provided in subsection 5(a) below. Any such suspension may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator's right to request a hearing before the Board to challenge such suspension under subsection 5(b) below.
Fining Procedure. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until notice of the violation is given as provided in subsection 5(a) below. Any fine or fines may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator's right to request a hearing before the Board to challenge such fine under subsection 5(b) below.
Notice. Written notice shall be sent or delivered to the violator, stating: (i) the nature of the violation and the fine imposed; (ii) that the violator may request a hearing before the Board regarding the fine, which must be received in writing by the Board within ten (10) days of the date of the notice; and, (iii) the name, address, and telephone number of a person to contact to challenge the proposed action. In the event of a continuing violation, each day the violation continues or occurs again constitutes a separate offense, and fines may be imposed on a per diem basis without further notice to the violator.
Hearing. If a hearing is timely requested, it shall be held before the Board in executive session giving the violator a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. The Board may establish rules of conduct for such hearing, which may include limits on time and on the number of participants who may be present at one time. Failure to request a timely hearing as provided herein shall result in loss of the right to challenge and request reconsideration of the fines.
Additional Enforcement Rights. The Association also may enforce the Declaration, the Bylaws, or the rules and regulations by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity for compliance with the procedure set forth in Section 5 of this Article. In any such action, to the maximum extent permissible, the Member, Owner or occupant responsible for the violation for which abatement is sought shall pay all costs, including, but not limited to, reasonable attorney's fees actually incurred.
The Association or its duly authorized agent shall have the power to enter upon any portion of the Common Property to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws, or the rules and regulations. All costs of self-help or of otherwise enforcing the Declaration, Bylaws or Association rules, including reasonable attorney's fees, shall be assessed against the Lot Owner responsible for the violation.