Fine Policy

Tamarac at Moon Valley – General Fine Policy

(July 2021)

When an Owner (including any family member, guest, agent, or tenant of the Owner), violates the CC&R’s, Bylaws, Architectural Guidelines or Parking Rules & Regulations of the Association, there shall be grounds for the assessment of fines & the Owner shall be deemed responsible for such violation(s).

Procedures–

Notice: (warning citation) of the violation shall be sent in writing by email, U.S. Mail or personally delivered to the violating Owner.

Appeal Assessment: If the violation continues beyond the scheduled time of correction and an appeal has been filed, the Board may request the Owner to appear at the regular board meeting or special meeting called to hear the appeal. The Board will then make a final determination of the Owner’s appeal & the Owner must abide by the decision.

Default: If the Owner does not appear before the Board at the scheduled meeting or send the Association a written response by that date, this shall constitute a default in which the Owner shall have no further appeal.

Fines & Penalties-Time Frame:               

  • 1st notice of violation will grant a 15-day response period
  • 2nd notice of violation will grant an additional 15-day response period;
  • 3rd notice of violation will grant an additional 3- day response period
  • Following expiration of the 3rd notice, fines will be implemented.

Fines:

No fines during the initial notice periods (days 1-33)

Fines begin on day 34 of $15 per day for the next 30 days

Beginning on day 64 fines will be in the amount of $30 per day for the next 30 days

After 93 days of noncompliance the Owner will be referred to Collections

  • Violation of Architectural Guidelines
  • Failure to maintain landscaping
  • Failure to maintain building, awnings, sidewalks, gates
  • Garage storage of any type causing owner vehicle parking on street
  • Failure to remove trash/recycle containers from street
  • Failure to store trash/recycle containers per HOA regulations
  • Construction, reconstruction or repair of any motorbike or motor vehicle on any lot or street
  • General nuisance; noise, trash, odor, etc.

Fines-other:

  • Unapproved house or other improvements regulated by the CC&R’s- $100.00.
  • Pool Vandalism or violation of pool or common area rules- cost of repair or replacement, or $50.00. minimum fine

Collection:

After 93 days delinquency from date of the 1st notice, the Association can retain counsel for collection. All such costs associated with this action will be the responsibility of the Owner in violation. The Association may alternatively choose to file a lawsuit in the proper justice court to obtain a personal judgement against the owner. This judgement may then be recorded with the Arizona Maricopa County Recorder’s Office. This judgement lien may then be foreclosed in the same manner as an assessment lien. The Owner will lose all voting rights until the balance is paid in full. Any & all costs associated with the collection of past due fines & penalties, costs, attorney’s fees & other charges will be assessed to the Owner’s lot. (AZ Statute 35-18)

Failure to pay the Annual Assessment (HOA Dues) is described in detail in the CC&R’s; Article 5, Section 5.10.