NEW POLICY ADOPTED BY LEPOA Board From recommendations made by the Compliance Committee
Compliance Committee Members: Pat Coulter Mike Eberly Kathy Kanable Tom Kanable Jodi Lewandowski Paul Morrison Joe Richard Met: 9/27, 10/17, 10/24, 11/7, 11/14, 12/5, 1/17 and 2/6, 4/16 Guests: Chief Paterson
Why make any NEW POLICY? Request from Gilgal – Association has a form to handle complaints – but no compliance mechanism Questions from members to leaders Survey results Policy on how to enforce existing by-laws/policy – not to make new rules
Survey Results 87% agreed it is very important to maintain the Member (and Member Guest) ONLY use of our lake, community parks and facilities Better resident education/clearer policies and stricter enforcement of non-compliant members and guests were the highest ranking solutions
Survey Suggestions Increase days/shifts or number of Launch Facility Attendants Supplement Launch Attendants with Resident Security Program Develop clearer and more consistent By-laws and restrictions with clear procedures and consequences for any violation. Install camera system at launch facility Install Chain or lock system at launch facility Improve signage. Educate members with clearer information on violations, consequences and/or fines. REFER TO LEPOA WEBSITE FOR FULL REPORT WITH NUMBERS THE LEPOA REMAINS OPEN TO MORE SUGGESTIONS
Flow chart for complaints Complaint form Investigation Board decision Follow up is structured, fair, allows appeal Follow up – can include $100 fine Unpaid fine can be collected through lien
Complaint form Tool for Association members and Board Organized Consistent Fair Requires more effort from members than a phone/email complaint Follow up Provides history
Compliance issue time line form received: investigated by: presented to Board: next meeting or via email action determined: by board at meeting or via email 1. no issue – no action or 2. issue not covered by LEPOA – alternative solutions suggested 3. 1) letter requesting compliance – certified - 14 days to respond 2) second letter with notice of fine – certified - $100 fine 3) impose fine 14 days after second letter to allow for appeal 4) lien filed to collect fine. Timing is at secretary’s convenience. Lien is $100 lien fee (same as lien fee for dues) + the $100 fine for the infraction.
Letters from Board Can be flexible Should help protect Board from legal challenges Adds consistency
Compliance letters - #1
COMPLIANCE LETTERS - #2
Legal Authority ARTICLE 7 BOARD OF DIRECTORS Section 3 (h) To make and enforce rules and regulations as to use and enjoyment of the development, lake, and common areas. Section 3 (i) To enforce the provisions of these By-Laws ARTICLE 11 ENFORCEMENT OF BY-LAWS Legal consul was consulted and concurred