Background

     In order to preserve the residential character of the Community, the Property shall be subject to the following Fine and Enforcement Policy.  This Policy shall replace and supersede any previously adopted policies or resolutions of the Association that have been previously adopted and circulated which are inconsistent therewith, effective immediately.  

     Each owner, tenant and/or occupant of a unit (hereinafter collectively referred to as the “Responsible Party”) shall be governed by and shall comply with all of the terms, covenants, conditions and restrictions of the Governing Documents as they may be amended from time to time.  Pursuant to the Authority provided under the Governing Documents, The Executive Board of the Hilltop Homeowners Association (“Board”) has the power to adopt, amend and enforce compliance with all terms, covenants, conditions and restrictions of the Governing Documents and such reasonable rules and regulations relating to the operation, use and occupancy of the units and the property, including the right to prescribe, by rules and regulations, monetary or other penalties for violations of the Governing Documents.

Rules for Compliance with Governing Documents

     The Association may take the following action in the event an Owner fails to comply with the terms and conditions of the Governing Documents:

     A. Original Warning

          1. If it is determined that a Responsible Party has violated any portion of the Governing Documents, the Association shall send a warning letter to the Owner by first class mail to the Unit, unless another address has been provided.  The notification will describe the violation, identify the section of the Governing Documents that applies and the consequences that will follow if the Owner fails to correct the violation and comply with the Governing Documents.  If the violation is of such nature that the work must be completed to rectify the violation, the Owner will be given 30 days to do so. 

a. If the Board determines that an existing violation or condition is of a type or nature requiring immediate curing or presents a threat to the health, safety and/or welfare of the occupants of the Association (or would present such a threat, if left for said provided period), the Association shall have the right to 

i. Shorten the cure window (provided that the notice of violation sets forth the shorter period); and/or 

ii. If reasonably called for by the condition, take immediate action to remedy the condition, the costs of which shall be charged to the Unit.  

b. If the Association takes action under clause (ii) above, the homeowner shall still have the right to a hearing with regard to any fines which might be imposed by the Association, or the costs incurred by the Association in taking such action, as set forth more fully below.  In addition, if the Association takes any action under clause (ii) above, the Association shall still be obligated to issue a notice of violation to the homeowner, including a description of the remedial action taken by the Association. Nothing herein shall preclude the Association from contemporaneously pursuing all remedies available at law or in equity or available to it under the Pennsylvania Uniform Planned Community Act or the Governing Documents, consecutively or concurrently, in order to enjoin or abate the violation if the Board determines that such course of action is appropriate.  

c. The notice of violation is to be forwarded via hand delivery or by U.S. certified mail, return receipt requested, to the address of the residential Unit within the Association unless the Responsible Party has provided an alternate address for such notices in writing.  

  2. For any violation that is a single occurrence (see appendix) such as a nuisance type violation, the unit Owner will receive a warning that a repeat action, in the next twelve (12) months, or failure to correct the violation within the time stated (if any) in the warning, may be subject to a fine. 

  3. For any property or ongoing violation (see addendum) the unit owner will be given the 30 days to correct the violation.

     B. Second and Continuing Violations

  1. If the violation is not corrected within the time period set forth in the initial written notification, the Association shall send a second written notification, by certified mail, to the Owner.  

a. This notice will describe the violation and the consequences that will follow if the Owner remains out of compliance with the Governing Documents.  

b. The Owner may be assessed a fine.  

c. If the violation is of such nature that work must be done to rectify the violation, the Owner will be advised of the period of time within which the violation must be corrected and the fine must be paid to avoid further sanctions.  

d. The Compliance Committee will send a copy of the written notification to the Secretary of the Board of Directors. 

 2. If the violation still is not corrected, or the fine is not paid, within the time set forth in the second written notification, the Board of Directors shall send a written third notification by certified mail to the Owner.  The written notification will describe the violation and the future consequences that will follow in the event the Owner continues to remain out of compliance with the Governing Documents.  

a. The Owner may be assessed an additional fine.  If the violation is of such nature that work must be done to rectify the violation, the Owner will be advised of the period of time within which the violation must be corrected and the fines must be paid to avoid further sanctions. 

 3. If the violation is still not corrected, or the fines previously assessed have not been paid in full, within the time set forth in the third written notification, the Board of Directors will send an additional written notification by certified mail to the Owner.  The written notification will describe the violation and future consequences that will follow in the event the Owner continues to remain out of compliance with the Governing Documents.  

a. The Owner may be assessed an additional fine. 

b.  If the violation is of such nature that work must be done to rectify the violation, the Owner will be advised of the period of time within which the violation must be corrected and the fines must be paid to avoid further sanctions.  

 4. If the violation is still not corrected, or the fines previously assessed have not been paid in full, within the time set forth in the fourth written notification, the Board of Directors may forward the file to legal counsel 

a. All remedies available to the Association for enforcement of payment of assessments shall also be available to the Association for the collection of fines, correcting the violation and enforcing the Governing Documents including, but not limited to, the reasonable costs and attorneys’ fees incurred in any action to enforce the same.

     C. Fines

          Fines for the violation of the Hilltop Homeowners Association Governing Documents will begin from the date of the Original Warning Letter.

1. For continuing violations the fine structure is as follows:

               a.  30 days after the Original Warning Notice a fine of $100 will be assessed.

               b.  30 days, or the time period given, after the date of the first fine, an additional fine of $250 will be assessed.

               c.  30 days, or the time period given after the second fine, an additional fine of $500 will be assessed.  

               d.  Failure to pay a fine will may continue to incur late fees on their account.

       2. For any single occurrence violations the fine will be as follows:

               a.  Another occurrence within 12 months of the Original Warning Notice will result in a fine of $50

               b.  The second occurrence within 12 months of the first occurrence will be $100

               c.  A third occurrence within 12 months of the second occurrence will be $250

               d.  Until 12 months pass between violations each new occurrence will result in a Notice of Violation, not a warning, and a fine of $500

3. Changes in the amount of fines:

a. The Board reserves the right to change the amount of the fines from time to time to provide reasonable amounts for the enforcement of the Governing Documents.  

4. Hearings to dispute violations

a. If an Owner desires to contest the issuance of a notice of violation or the imposition of a fine, then the Owner shall provide written notice to be addressed to and received by the Board within ten (10) days of the mailing by the Association of the first notice of violation and/or first notice of imposition of a related fine.  Such written notice should request that the Board reconsider the imposition of a fine and shall provide information supporting the reconsideration for the Board’s review and/or request an opportunity to be heard by the Board.  

b. Upon receipt of the Owner’s written notice, the Board shall schedule a date for the opportunity to be heard within a reasonable period of time thereafter.  

c. Written notification shall be provided to the Owner advising of the date and time to be heard.  

d. The Board’s decision after presentation before the Board, shall be final. 

e. If the homeowner fails to provide said written notice contesting the notice of violation or requesting a hearing within the ten (10) days of either notice set forth above, then the imposition of any fines shall be final.  

All notices to the Board under this Section shall be in writing, contain the name and address of the Owner, the street address of the residential unit within the Association, the name and telephone number of any and all tenants, if any, and shall be addressed as follows:

Hilltop Homeowners Association
c/o Board Review Request
PO Box 4841
Lancaster, PA 17601

All notices to an Owner shall be hand delivered or sent via regular mail, postage prepaid, to the address of the Unit within the Association owned by the Owner unless an Owner has provided the Association with a written request to use an alternate mailing address.  An Owner’s request for the use of an alternate mailing address must be mailed to the Association at the above address.

     D. Fines as Liens against a unit 

1. All fines shall be payable to the Association within ten (10) days after imposition of the fine.  

2. If a fine is not paid within the time period set by the Board, the fine shall be an assessment and a lien against the unit until paid in accordance with the Governing Documents.

3. All fines may accrue interest at the rate of 12% year, if not paid within 30 days, or the time frame specified of the date of the previous violation.

4. Failure to pay fines may result in late charges being assessed against the account until the fines are paid. 

5. The cost of collecting fines, including court costs and attorney’s fees, will be assessed against the Unit Owner in the same manner as assessments or monthly maintenance fees.

6. Payments from the Unit Owner will be applied in the following order, regardless of any dispute or notation or instructions placed on payment: Interest, late fees, costs of collection including attorney’s fees and then the fine.

7. A Unit Owner that is in any stage of violation, will have his/her voting rights suspended as to such time they are current with the payment of their fines and/or their costs.  This works the same way as failure to pay the monthly fees.  Per Article II, Section 1(b), the Association may “suspend the voting rights of and the right to use of the recreational facilities by an owner (i) for any period during which any assessment against such Owner’s Lot remains unpaid, and (ii) for a period not to exceed (60) days for any infraction of the Association’s published rules and regulations”.

a. If a fine is not paid within the time period set by the Board, the fine shall be an assessment and a lien against the unit until paid in accordance with the Governing Documents.

     E. Board Discretion 

1. The Board may decide to waive a fine for a violation for good cause

2. Any waiver in one circumstance does not preclude the Board from enforcing the Governing Documents or imposing a fine in the future.

3. Because the enforcement of the Governing Documents is the responsibility of the Board, and in the best interests of the community, a Board member will not have a conflict of interest if they discover the violation. 

APPENDIX A

Single occurrence violations. 

The following list contains examples of single occurrence violations which may result in fines.  This list is provided as examples, and is not exhaustive of all potential violations:

          1.  Parking violations, including blocking driveways, failure to repair or remove or keep in the garage a vehicle that is not in drivable condition, parking on grass, and regularly parking more than one car per residence in the street overnight.

          2.  Pets left to run loose.  This is also a violation of Township regulations

          3.  Failure to curb your pet and clean up after it.

          4.  Creating a disturbance.

          5.  Unacceptable noise from loud music, loud vehicles, equipment, and children.

          6.  Riding bicycles on another owner’s property without permission

          7.  Children on private property other than their own (we have no common areas so all of the land around your home is your private property) without the owner’s permission. 

          8.  Trash not properly secured/packaged (resulting in windblown items around the area).

          9.  Trash cans not collected before the end of the day on the day the trash is collected.

          10.  Trash cans placed outside too early (particularly when there is a holiday and the pickup is delayed by a day)

          11.  Trash around the property including the rear patio/deck and collecting in and around surrounding trees and shrubs.

          12.  Political signs of any sort.

Ongoing violations

The following list are examples of ongoing or continuous violations which may result in fines.  This list is provided as examples, and is not exhaustive of all potential violations:

          1.  Failure to obtain written approval from the Architectural Committee for any type of exterior change.

          2.  Failure to obtain written approval from the Landscape Committee for any type of addition or change to exterior lawn and/or bed areas.

          3.  Failure to make the necessary repairs to doors, windows, skylights and chimneys (other than the stucco surface).

          4.  Failure to replace, shrubs or owner-planted trees due to wind damage and/or decay.  The type of tree or shrub proposed for replacement must have prior approval from the Landscape committee.

          5.  Failure to maintain property landscape; including embankments, pruning overgrown trees other than pear trees near the street, removing dead branches, removing weeds from all non-lawn areas, etc.

          6.  Failure to comply with the set specifications to property improvements that have been established by the Board.

          7.  Failure to maintain or replace driveways that are in disrepair.

          8.  Failure to enclose propane tanks with a fence or shrubbery.

          9.  Failure to maintain courtyard fences and gates (other than paint/stain).

          10.  Failure to maintain rear decks and patios (other than paint/stain).

          11.  Failure to maintain sidewalks on the front or sides of a property. 

10/10/14 – posted to HOA website as pdf

Reviewed and revised by Samantha Cissne, May 2019

Revisions by HOA Samantha Cissne, Jan 2020

Final version 3-7-20 approved by Board vote