ARTICLE IX. Noncompliance
Section 9.01: If a resident is found not to be in compliance with city ordinances or state laws listed in ARTICLE II. Standards, we will follow our violation protocol below. Each unique violation will generate a case number, be documented with photo or video, and saved with the resident's or owner's property history in the Association's database. All notices will be sent via United States Postal Service.
Notice 1: If a resident or owner is found not to be in compliance with city ordinances or state laws listed in ARTICLE II. Standards, a letter is sent to the resident and owner sharing the city ordinance or state law.
Notice 2: If the resident and owner have not taken action to resolve the violation within 14 days of the first letter, we will send a copy of the first letter again with an image of the violation attached.
Notice 3: If the resident and owner have not taken action to resolve the violation within 14 days of the second letter, we will send the resident and owner a third and final notice. The resident and owner have 14 days to come into compliance with the city ordinance and state law listed in ARTICLE II. Standards from receiving the third notice, or the Association will file the violation with the City of Lufkin. If the resident is still not in compliance within 30 days after filing with the City of Lufkin, the association may file in civil court.
Section 9.02: If the resident resolves the violation, the case is immediately closed, and no further action is taken. It is the responsibility of the acting President to determine if a resident is in compliance with the city ordinances and state laws listed in ARTICLE II. Standards .
Section 9.03: If a resident violates a city ordinance or state law listed in ARTICLE II. Standards and a case is opened with that resident for the same violation three times, we will immediately file the violation with the City of Lufkin and may also file in civil court.
Section 9.04: If a complaint is filed and the resident committing the offense does live on a street where members of the association live, the President may deny addressing the complaint.
Section 9.05: It is the discretion of the acting president to cancel or delay a civil lawsuit.
Section 9.06: Upon the death, removal, resignation, or incapacity of the President, the Association shall pause any activity relating to the resolutions of violations listed on ARTICLE II. Standards until a new President is elected by the Officers.
Section 9.07: If membership is terminated due to noncompliance with city ordinances and state laws listed in ARTICLE II. Standards, a letter will be sent to the resident or owner notifying them that their membership has been terminated and cannot be renewed.
Section 9.08: Under no circumstance will noncompliance with any section of these Bylaws constitute the forfeiture of the rights of the Association to exist or the rights of the Association to enforce the Bylaws of the Association.
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