1. It is the intent of this schedule to inform the members of potential fines and penalties in a fair and consistent manner that will encourage homeowners to adhere to the Association’s Governing Documents.

2. The Association Board of Directors derives its authority to levy fines and penalties for violation of the Governing Documents from RCW 64.38. ASSOCIATION POWERS.

3. Homeowners of record are responsible for ensuring that their property is properly maintained, to include normal and expected upkeep of buildings, fences, and landscaping.

4.  The homeowner will be fined in the event that their renters violate the governing documents.

5. The Association may levy reasonable fines for violation of the governing documents of the Association in accordance with this established schedule adopted by the Board of Directors and furnished to the homeowner. 

6. The Association’s governing documents outline the expectations of behavior for all the community members, and are designed to:

6a. Outline those expectations and provide the Board of Directors the authority to ensure all members are in compliance with the stated expectations of the Covenants, and CC&R violations.

6b. Provide a community in which it is pleasant and safe to reside.

6c. Ensure that Real Estate values are not diminished by Association member’s behavior.

6d. This schedule allows the Board to assess reasonable fines, and a penalty for violations of the Association’s Governing Documents.

7. Fines will be levied for FAILURE TO COMPLY with the covenants Article 7 sections 1 thru 12, and 14 thru 20 (ATTACHED) as follows:

7a. The Board will notify the homeowner and renter (if applicable) of the violation (FIRST NOTICE), either by:  email on record, or letter to the homeowner’s address, or a visit by the members of The Architectural Committee, (homeowner’s signature will be requested on letter), whichever is most efficient.

7b. The notice will specify the nature of the violation(s), and how to resolve it (them).

7c. The homeowner will have 30 days from the date of the FIRST NOTICE to resolve the violation(s) to the satisfaction of the Board.

7d. If the violation(s) is not corrected, NOR APPEALED (see paragraph 8i below) within 30 days from the date of the FIRST NOTICE, a fine of $100 Dollars shall be imposed.

7e. The Fine will be due 30 days from the date of the FINE NOTICE. Payment of the fine does not discharge the homeowner’s obligation to correct the violation(s).

7f. Continued noncompliance shall result in a $100 fine imposed every 30 days from the date of the FIRST FINE NOTICE that the violation(s) persists.

7g. The Board will notify the homeowner of the violation and fine in writing VIA regular or REGISTERED MAIL, return receipt requested, to the homeowner’s address of record at the Thurston County Assessor’s Office.

Failure of the homeowner to accept registered mail shall not in any way constitute a defect in notice to the homeowner.

7h. The request for an appeal hearing (SEE ITEM 8i ) must be received within 30 days of the date of the issuance of the fine notice.

Thereafter, the Board of Directors will notify the homeowner within 30 days of receipt of the appeal, and will set a hearing on the matter not more than 30 days thereafter. 

7i. If the noncompliance continues for 12 months from the date of the first notice, a LIEN shall be recorded with the County Auditor in accordance with the Association’s Governing Documents. Thereafter, the $100 dollar fine will continue to be imposed every 30 days until compliance with the covenants is met. The lien will include the cost of recording and reasonable attorney fees incurred to draft, record, and release the lien (once the homeowner pays off the lien).

7j. Copies of all correspondence between the homeowner and renter (if applicable) and the HOA will be maintained by the Secretary.

7k. The Board may, in its sole discretion, excuse a fine.

8. RECREATIONAL VEHICLE STORAGE: Fines will be levied for FAILURE TO COMPLY with covenant Art. 7, Section 13,

8a.Recreational vehicles, to include boats, trailers, motor homes, or the like, shall not be stored or parked on any street, roadway, or thoroughfare for more than forty-eight (48) hours in any given calendar month.

Recreational vehicles, to include boats, trailers, motor homes, or the like, shall not be stored or parked on any lot in public view for more than (30) days consecutive or otherwise, in any given calendar year.

8b. The Board will notify the homeowner/and renter (if applicable) of the violation (FIRST NOTICE), as in paragraph 7 above.

8c. Copies of all correspondence between the homeowner and renter (if applicable) and the HOA will be maintained by the Secretary.

The notice will specify the nature of the violation(s), and how to resolve it (them).

8d. The homeowner will have 30 days from the date of the FIRST NOTICE to resolve the violation) to the satisfaction of the Board. If the violation is not corrected, nor appealed (see paragraph 8i below) within 30 days from the date of the FIRST NOTICE, a fine of $200 Dollars shall be imposed.

The Board will notify the homeowner of the violation and fine in writing VIA regular and REGISTERED MAIL, return receipt requested, to the homeowner’s address of record at the Thurston County Assessor’s Office.

Failure of the homeowner to accept registered mail shall not in any way constitute a defect in notice to the homeowner.

8e. The Fine will be due 30 days from the date of the FINE NOTICE.

8f. Continued noncompliance shall result in a $200 fine imposed every 30 days from the date of the FIRST fine notice that the violation(s) persists.

8g. Payment of the fine does not discharge the homeowner’s obligation to correct the violation(s).

8h. If the noncompliance continues for 12 months from the date of the first notice, a LIEN shall be recorded with the County Auditor in accordance with the Association’s Governing Documents. Thereafter, continued non-compliance will result in a $200 fine every 30 days.

The lien will include the cost of recording and reasonable attorney fees incurred to draft, record, and release the lien (once the homeowner pays off the lien).

8i. The homeowner is entitled to the right to appeal any dispute with the Association. The homeowner can appeal in writing to the address, or email addresses below.

Eagle Crest Homeowner Association

3726 GOLDEN EAGLE LOOP S.E.

Olympia, WA. 98513

PRESIDENT and/or ARCHITECTUAL CONTROL CHAIRMAN: eaglecresthoawa@gmail.comm

9. FAILURE TO GET PRIOR WRITTTEN APPROVAL FOR CONSTRUCTION OR ALTERATION

Covenant Article 7 of CC&R Sections 1 through 8 – Architectural Control

Covenant Article 6 of CC&R Sections 1 through6 – provides guidance for the Architectural Control Committee 

Homeowners are required by the covenants to obtain prior written approval of the Architectural Control Committee before they construct, change, or alter buildings, fences, walls or other structures on their properties.

The homeowner and renter (if applicable) will be notified of the violation as in paragraph 7 above. 

The Board may excuse a fine if the homeowner can demonstrate to the satisfaction of the Board that:

9a. The construction, change, or alteration complies with all the provisions in the covenants and meets the standards established for Eagle Crest, or

9b. There were compelling reasons that prevented the homeowner from obtaining prior written approval.

9c. The homeowner is entitled to the right to appeal any dispute with the Association. The homeowner can appeal in writing to the address, or email addresses below.

9d. Payment of a fine by the homeowner does not discharge the homeowner’s obligation to ensure that the construction, change or alteration of a building, fence, wall or other structure complies with the covenants and the standards of this community. If any construction, change or alteration is not made compliant, additional fines may be imposed as set forth in paragraph 7 above.