Whereas we the duly elected members of the Board of Directors of the Pioneer Trails Homeowners Association and

Whereas we recognize that our principle responsibility as Board Members is to the Association, and

Whereas we do not revoke our rights and responsibilities as members of the Association by virtue of our being elected to serve on the Board, and

Whereas we recognize a need for and desire to establish standards of conduct for our individual actions as Board Members, and

Whereas a failure to meet the standards we have subscribe to would constitute a breach of responsibility to the Association, be it

Resolved that individually we will:

Declare to all interested parties in what capacity (private individual or Board Member) and on what authority we are gaining or providing information or we are recommending or pursuing an action.

Declare the existence or the possible perception of conflict of interest at the earliest opportunity and voluntarily remove ourselves from the decision making (Board discussion and vote) process on that issue.  Conflict of interest may arise when tangible or intangible personal benefit may accrue, or when we are a principle party or subject in a given action, such as a complaint or violation of CCR's.

When acting in the capacity as Board Members, represent, to the best of our ability, the best interests of the Association.  As Board Members we will not accept any gratuity or payment from, nor represent any special interest group, nor will we represent any specific constituency of the Association.  For example, Division one or two, etc. and

Collectively we agree to discipline ourselves and

Sanctions that we (the Board) may impose on ourselves for infractions of the above standards may include letters of caution, letters of censure, or temporary or permanent removal from the Board.  In no case, however, will permanent removal from the Board be imposed without a 2/3 consenting vote of the membership of the Association.

These standards of conduct will be read at the first meeting in which newly elected board members attend.  Each board member will verbally affirm his/her agreement with these standards.

President:       Oversee the management of PTHA.  Run Board meetings, assigns responsibilities to members, signs checks, approves expenditures, responds to member's concerns and ensures federal, state, and county regulations are followed by the Board.  Usually oversees one of the following committees: Architectural Control, Resolution or Tree Removal.

Vice President:          Stands in for the President when he/she is unavailable.  Approves expenditures, can be a check signer, oversees insurance issues and usually oversees one or more of the following committees: Architectural Control, Maintenance Contracts or Tree Removal.

Treasurer:      Pays all PTHA bills, collects members dues, signs checks, picks up mail and keeps records of all transactions.  Ensures correct sign off for invoices prior to payment.  Utilizes Quicken software to record payments, collections and provide monthly financial statements to members.   Does not oversee any committees.

Secretary:      Official record keeper for PTHA for all non-financial documents.  Takes minutes at meetings, types up minutes for approval and files all documents in PTHA file cabinet (which is stored at Secretary's home).  Reminds Board Members of upcoming meetings.  Researches past documents or policies from files if needed.   May oversee the newsletter committee.

Members at Large: Is responsible for 4 different committees.  Ensures all the activities of the committee are performed by the chairperson or members of the committee.  Signs off invoices for payment for the committees, recruits chairperson if position is open, performs chairperson's responsibilities in absence of chairperson.  In addition, each Member at Large performs one of the following duties for each PTHA Board meeting:

·       Set out meeting signs the morning of the meeting and takes them down afterwards.

·        Turns on heat prior to meeting, ensures chairs are setup and turns off heat after meeting, opens Church 5 minutes prior to meeting and ensures Church is locked and left in good condition after meeting.

Time Consuming Committees:  (each Member at Large is responsible for 1-2 of these)

Architectural Control:           Approves all improvements/changes to residences.

Lakes, Ponds, Swale:            Oversees lake treatments and fish stocking.

Maintenance Contracts:       Oversees Mowing, Landscaping and General Maintenance                                                    Contracts.  Suggests penalties if contract is not meet. 

Newsletter:                            Publishes and distributes Trail Tales.

Resolution:                             Resolves issues with members violating covenants and  disputes between neighbors.

Trail Captains:                       Ensures trails areas are kept up to standards listed in guidelines.

Tree Removal:                       Coordinates & approves all tree removals and cleanup.

 

 

Moderate Time Consuming Committees: (each Member at Large is responsible for 1-2 of these)

Fountains & Lights:              Repairs entrance lights and monitors fountain timers.

Security:                                 Schedules security patrols for Halloween, winter and spring breaks.  Helps             coordinate Block Watch programs.  Informs residents (via Trail Tales) of security problems in Pioneer Trails.

Trail Repair:                          Arranges bids for trail repairs each spring.  Submits bids to Board for final approval.  Oversees contractor who is performing repairs.

 

Low Time Consuming Committees: (each Member at Large is responsible for 2 of these)

Bridges, Benches, Signs:       Repairs and paints all signs, benches and bridges.

Hospitality:                            Coordinates garage sales and welcomes neighbors with hospitality packets.  Garage sales are last Saturday of April and September.

Paint Selection:                     Approves paint colors for homes (subcommittee of ACC).

Recreation:    Ensures recreation areas are kept up, hands out keys for tennis court, and suggests improvements to recreation areas.

THE USE OF All Facilities within PTHA ShaLL BE GOVERENED BY the FOLLOWING guidelines and restrictions: 

1. Use of the Facilities shall be limited to Pioneer Trails residents and their guests (maximum 4 guests per resident)
2. NO ORGANIZED SPORT TEAMS ARE ALLOWED AT ANY FACILITY.  Any groups practicing or playing on our field who are a member or on the roaster any league team are considered to be organized sports.  No uniforms.
3. All users must exercise reasonable care, caution and safety while using Facilities.
4. Facilities operating hours are ½ hour after sunrise and ½ hour after sun down.
5. Limit your time on fields or courts to one hour if others are waiting.
6. No Facility may be rented or reserved.
7. Users of the Facilities are required to report accidents, equipment damage or other problems to any Board Member.

Lakes and Ponds

1. No swimming is allowed due to unhealthy conditions.
2. Small boats and canoes are allowed.  No gas motors are permitted
3. Hobby or remote control electrical boats are allowed.
4. Fishing is allowed, but only on a "catch and release" basis.  The lakes are not stocked.
5. No skating, playing or walking on ice.
6. Do not feed geese or ducks – they cause unhealthy conditions around lakes.

Playground Equipment (Located at Sports & Tennis Courts)

1. Children are required to be supervised by an adult/adults while using equipment.
2. Equipment must be used for its intended purpose consistent with its design.
3. No roller blades, skateboards or skates are allowed in the play area.

Sports Field (Baseball, Soccer or Football)

1. The Sports Field is not designed for golfing, golf or golf practice is not allowed.
2. If other residents are waiting, invite them to play or limit your time to one hour.
3. No organized sports groups are allowed to play or practice on the Sports Fields.

 

Sport & Basketball Court

1. No bikes, roller blades, skateboards or skates are allowed on the Court.
2. If other residents are waiting, invite them to play or limit your time to one hour.
3. No organized sports groups are allowed to play or practice on the Court.

Tennis Court

1. No bikes, roller blades, skateboards or skates are allowed on the Court.
2. If other residents are waiting, invite them to play or limit your time to one hour.
3. Close gate when finished using Court.
4. To purchase a gate key, contact a Hospitality Committee Member.
5. No organized sports groups are allowed to play or practice on the court.

Trails (approx. 2.7 miles)

1. Bikes, roller blades, skateboards and skates are approved.  Use safe riding & skating habits.  Helmets are required to be worn by all bikers, rollerbladers, skateboarders, and skaters.  Yield to pedestrians.   No motorized vehicles are allowed. The exception to this, are small carts designed for and utilized by handicapped/disabled persons.  Authorized maintenance vehicles are also allowed on the trails.  No organized sports groups are allowed on the Trails.

To ensure PTHA covenants are followed, legal liabilities are minimized and the general appearance of Pioneer Trails is maintained, the following guidelines have been adopted by the Board of Directors. All future Boards must follow these guidelines or revise them in a public meeting where homeowners can give input. 

Section 9.1 of the PTHA Covenants reads:

"The Association through the Board of Directors shall preserve and maintain all Common Areas in the natural setting and in close conformity to the condition at the time Declarant conveyed the same to the Association. All pathways are to be  kept open and free of all obstacles for safe access by all members. 

Greenbelt

**Note:  Some of the land in Pioneer Trails is classified as wetlands.  These areas come under special rules created by the State and County and as such cannot be treated like other greenbelt areas.  If in doubt ask the board member in charge of these areas prior to starting any work. 

1) Clearing or removing vegetation in common areas in order to enhance the view from a residence requires board approval prior to any work starting.

2) All scotch broom, deciduous seedlings (less than 1 inch thick trunks), clover, thistle, blackberry bushes, tall grass, fireweed and other similar weeds can be removed at the common area. This does not need Board approval to be removed. 

3) Grass can be cut for up to 2 feet adjacent to the homeowners property lines. Other vegetation can be removed for up to 2 feet adjacent to the homeowners property line if it is overgrowing onto the homeowners property. This does not need Board approval to be removed.

4) Any dead vegetation can be removed fromthe common area, including all branches, leaves, limbs, etc.. This does not need Board approval to be removed.

5) To keep trails open, up to 15 feet from each side of the trail can be cleared of all sight blocking and obstructing vegetation. Evergreen trees can only be removed if they hinder sight, are dangerous, diseased, dead or causing property damage. Written Board approval is required if homeowners are completing this task. 

6) To keep streets open, up to 35 feet from each side of the road can be cleared of all sight blocking and obstructing vegetation. Evergreen trees can only be removed if they hinder sight, are dangerous, diseased, dead or causing property damage. Written Board approval is required if homeowners are completing this task.

7) Evergreen trees, salal, ferns, Oregon grape, and other plants and trees that are native to

Washington State can be planted in the Common Area to take the place of removed items or enhance the general appearance of the area. These plants should be planted in a natural form so as to minimize the appearance of a "flower bed". Written Board approval is required if homeowners are completing this task.

8) All alder, poplar and other deciduous trees that are less than 4 inches in trunk diameter can be removed from the common area with Tree Committee or Board approval.

9) Evergreen trees that are less than 4 inches in trunk diameter may be thinned outand/or transplanted to ensure proper growth. Tree Committee or Board approval is required for this task.

10)  All trees with trunks larger than 4 inches in diameter can only be removed if they are dangerous, diseased, dead or causing property damage. Tree Committee approval is required forthis task.

Please note:  When trees are removed residents that have made requests are encouraged to replace the trees with small evergreens.

Equipment 

Currently the only equipment that is owned by the association is a wood chipper.  The following guidelines will be adhered to in order to provide all residents the use of the chipper.  The chipper must be checked out from the current board member or committee chairperson in charge of tree removal.  There will be no charge for the use of the chipper by residents of Pioneer Trails.

1)  The chipper will only be utilized by residents of Pioneer Trails for use within the association boundaries.  Any exception to this policy must be approved by the board.

2)  All residents wishing to use the chipper must be checked out on the correct and safe operation of the chipper prior to using.

3)  Only reservoir hydraulic oil will be used in the hydraulic oil reservoir.  DO NOT put motor oil in this reservoir.

4)  The chipper has several grease fittings.  These fittings must be greased after a day of chipping.  If in doubt apply grease to the fittings utilizing the grease gun supplied with the chipper.

5)  The chipper is prone to clogging in the main chamber.  This can be cleaned out by removing the two side panels and using a hose to float the chips out.

6)  Please utilize common sense safety precautions while operating the chipper.

The following guidelines will be utilized within Pioneer Trails. All changes need to be submitted in writing and approved prior to work starting. Please utilize the forms provided and mail them to the Architectural Control Committee:

 

Pioneer Trails Homeowners Association

c/o Port Gardner Management

P.O. Box 1007

Everett, WA 98206

 

Fences

1.   All fences must be made of wood.

2.   Fences beyond the front edge of the house are discouraged in all divisions. Due to lot sizes, no fences are allowed beyond the front edge of the house in divisions 4 and 6.

3.   The outside part of the fence should be the "finished" or more attractive side.

Out buildings (sheds, spa enclosures, gazebo's, etc.)

1.   All outbuildings must be made of wood. No plastic or metal buildings are allowed.

2.   Roofs must be made of cedar or the same approved material as the main house.

3.   Certain buildings will require approval from Snohomish County Planning Department. It is the homeowner's responsibility to gain approval prior to construction.

4.   Snohomish County regulations require that all sheds be located at least 5 feet from the, property line.

5.   Only one out building is allowed per lot.

6.   Outbuildings that can be viewed from the street need to be located behind a 6-foot fence.

7.   If possible, locate building to minimize impact on neighbors.

  Backyard Decks and Railings

1.      Any backyard deck or railing that will be visible from neighboring properties or community streets shall be approved by the Architectural Control Committee prior to commencement of work.

2.      Backyard decks and railings must be constructed of either wood, composite decking material, or other materials approved by the Architectural Control Committee.

3.      When possible, backyard decks and railing should be located in such a manner as to minimize their visibility from the street and/or neighboring properties.

4.      It is the homeowner's responsibility to obtain permits, inspections, and/or approvals that may be required by Snohomish County or any other agency.

Play Equipment.

1.   Jungle gyms, swing sets and other outdoor equipment that is secured to the ground should be of wood material.

2.   If possible, locate equipment to minimize impact on neighbors.

3.   Basketball hoops cannot be located so that a street is utilized as a court. The court must be located within the homeowner's property.               .

Dog Kennels                                                  

1.   Dog kennels that are located behind a fence can be made chain link fence and have plastic and/or metal dog houses as long as they are not viewed from the street or downstairs windows of neighbors.

2.   If possible, locate the kennel away from windows of neighbors to minimize impact.

House Additions

1.   Detail plans, with a summation, must be submitted prior to approval.

2.   Any addition must be of the same material as the original house (cedar siding and roof or other approved material).

3.   Any addition, when finished, must look as though it was originally part of the house.

4.   Snohomish County Planning Department regulations must be met.

House Painting

1.   Paint colors must be submitted to Paint Selection Committee prior to work starting.

2.   The main portion of the house should be a neutral light tone that is in harmony with existing structures. Dark tones and colors are discouraged.

3.     The trim and accent colors should blend and compliment the color of the main portion of the home and may include darker tones and colors.

House and Lot Maintenance

Reasonable continuing maintenance shall be performed on all houses and lots in order to maintain a pleasing environment for all homeowners.  Houses, including attached structures, and outbuildings shall not be allowed to be in a state of disrepair. This maintenance shall include, but not limited to, the following:

1.   Repair or replace all broken windows.

2.  Repair or replace gutters as needed.

3.  Repair or replace roofs as needed.

4.  Repair or remove unsafe attached structures such as decks.

5.  Keep lawn mowed, bushes and trees trimmed as needed.

6.   Paint the house and trim as needed.  This includes attached structures as well as

      outbuildings.

7.   Parking of any vehicle is not allowed on grass or lawn areas.

8.   Vehicles that cannot be moved under their own power will not be permitted to be stored, unless housed within a garage or suitably screened from view from the street or park area.

9.   Christmas decorations may be installed no earlier than Thanksgiving weekend and must be removed by January 31.

10. Vehicles, commercially licensed or not, bearing visible work related equipment and/or apparatus for attachment of work related equipment shall not be parked or stored in the driveway or on the properties.

11. Vehicles cannot remain in/on driveways or streets loaded with trees, trash or debris.

Recreational Vehicles, Trailers (including Utility trailers), Boats and Sport Equipment

Article VIII sections 8.5 and 8.7 of the Covenants state: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.  The land owners at no time shall keep or permit to be kept on their premises or street area any house trailers, trucks (excluding) pick-up trucks of one ton or less), campers, mobile homes, boats or boat trailers, unless housed within a garage or suitably screened from view from the street or park area, except with the approval of the ARCHITECTURAL CONTROL COMMITTEE.

The following rules and guidelines are designed to clarify the above covenants.

The above are generally permitted 24 hours before a trip and 24 hours after a trip, for loading and unloading on an occasional basis.  "Occasional" being defined as two times per month.  Knowing that emergencies can occur and that exceptions may need to be made,  all exceptions must be approved, in advance, by the ARCHITECTURAL CONTROL COMMITTEE.

 Election Policy and Election Committee Guidelines

Committee Charter

The committee's purpose is to run the annual election process for Board of Directors.  The committee accomplishes this by:

1. Working directly with the membership to encourage a high vote turnout.
2. Working directly with the membership and candidates to educate about the responsibilities of the Board of Directors, voting requirements and the counting process. 
3. Validate candidates are active members of PTHA as stated in the bylaws prior to being placed on the ballot.
4. Validate voters are active members of PTHA as stated in the bylaws prior to their ballots being counted.
5. Ensure actual ballots are kept secret.
6. Validate the results of the election and report the results to the Board of Directors

Board Terms

1. The Board of Directors will consist of a minimum of 4 and maximum of 7 members as stated in the PTHA bylaws.
2. Each position is a two-year term, with alternating terms. One year there will be a maximum of 3 positions open, the next a maximum of 4 positions open.  The goal is to have experienced Board Members to coach new Board Members.
3. At the meeting directly prior to the election, the incumbent Board of Directors will determine the exact number of open positions for Board of Directors based on the number of candidates running. 

Candidate Requirements

1. All candidates must be active members of the association as stated in PTHA Bylaws.
2. All candidates must review the Code of Conduct for Board Members prior to declaring their candidacy.
3. Members can declare their candidacy by submitting a "biography" that will be published in the Election Edition of Trail Tales.  Candidates should include their name, division and lot number along with any other relevant information they want the membership to know.
4. The "biography" can be submitted by mail, email or phone and must be submitted by 11:59 pm of the closing date for declaring candidacy.
5. Candidates are given the opportunity to give a brief speech at the January board meeting.
6. Write-in candidates must receive at least five votes or 10% of the vote; whichever is higher; to become a Board Member.  Write-in candidates will be given the opportunity to resign from the unexpected position.

Incumbent Board Responsibilities

1. Appoint an Election Committee Chairperson.  This needs to be accomplished at least two months prior to the election date.
2. Determine the election date.  Historically it has been the 3^rd Monday in January, unless that is a holiday, then it has been on Tuesday of that week.
3. Determine the candidate declaration date.  Historically this has been the last day of December so there is time to publish an election edition of Trail Tales.
4. Two Board Members who are not candidates will determine if each candidate is an active member of PTHA as stated in the bylaws.
5. Ensure the election edition of Trail Tales contains the candidates "biography" and the proxy ballot.  This edition must be mailed at least 10 days prior to the election date.
6. Recruit candidates for the Board of Directors.
7. Allow time during the January board meeting for each candidate to give brief speeches regarding their candidacy.
8. Two Board Members who are not candidates will approve active member list that will be used for member validation.  This needs to be complete no more than 3 days prior to the election date.  The list must contain each member's full name, street address, division and lot number. 
9. Appoint a Board Member who is not a candidate to oversee the activities of the Election Committee. 

·       This Board Member will deliver all sealed proxy ballots and the active member list to the Chairperson.

·       The Chairperson will communicate all concerns, results and paperwork to the Board Member.

·       This Board Member will communicate the results of the election to current Board Members, candidates and the Trail Tales editor.

10. Ensure the February Trail Tales includes the results of the election.
11. Swear in the new Board Members at the February meeting.  Ensure they read and agree to the Code of Conduct at the meeting.

Ballot Validation and Vote Tallying

1. All voting will be completed by mail on a proxy ballot.
2. Verify Proxy ballot envelope is posted marked on or before the date of the election.

·       Any ballots that are postmarked after the date of the election will be removed and remain uncounted.   Mark the envelope as late and give to the chairperson.

3. Remove proxy ballot from envelope.
4. Unfold the Member Validation part of the ballot.  Ensure the actual ballot section remains confidential.
5. Validate the member is active by comparing their name to an active member list provided by the PTHA Treasurer.
   • If the member is not an active member, mark the validation area as not active and give the ballot to the chairperson.
6. Mark the name as voted on the active member list.
   • If more than one ballot comes in for an address, give all ballots for that address to the chairperson. 
7. Repeat steps 1-4 for all proxy ballots.
8. Tear or cut the Member Validation off the proxy ballot.
9. Place the Ballot in the ballot box.  Place the Member Validation in a separate area.
10. Once all ballots are validated and separated from the Member Validation, count each ballot and tally the counts for each candidate, including write-in candidates.  Counting must be completed in presence of the committee.

Committee Member Requirements

1. There should be at least two members of the committee beside the Chairperson
2. No member shall be financially impacted by the outcome of the election.
3. No member shall be a candidate or related to any candidate.
4. No member shall be related to the Chair of the Election Committee.
5. No member shall actively campaign for or against candidate.
6. No member shall be a neighbor or close friend of any candidate or incumbent Board Member.
7. Members will follow the Election policies and committee guidelines.

Duties of Chairperson

1. Recruit PTHA members to serve on the Election Committee.
2. Recruit PTHA members to run for the Board of Directors.
3. Recruit PTHA members to vote during the election timeframe.
4. Proof read candidates "biography" for grammar, spelling and other gross errors.  Gain approval for all changes from the candidate prior to submitting to Trail Tales.  .
5. Validate candidates are active members of PTHA after they declare their candidacy and prior to placing their name on the ballot.
6. Proof read ballot and ensure candidate names are placed in alphabetical order.
7. If step 4 of ballot validation results in more than one ballot being cast for an member address, attempt to phone the Active Member name provided on the Active Member List via phone.  Ask the Active Member to personally verify which vote should be cast for this election.   If the Active Member cannot be reached within 24 hours of the election, then no ballots will be cast for that address.
8. Write a summary of the election results that include the total votes cast, total votes for each candidate, and total votes cast in each division.
9. Turn in ballots, member validations and any uncounted ballots to the Board Overseer.

(Effective January 1, 2005)

                The Board of Directors of Pioneer Trails has established and adopted the following Covenant Enforcement Policies and Procedures and Fine Schedule designed to handle Complaints regarding violations of and to otherwise encourage compliance with the Governing Documents of Pioneer Trails, including the Declaration (as amended), Articles of Incorporation, Bylaws, and Rules and Regulations.

             OWNERS ARE ENCOURAGED TO SOLVE PROBLEMS FIRST AMONG THEMSELVES WHENEVER POSSIBLE.

             Complaints regarding violations or alleged violations of the Pioneer Trails Governing Documents may be registered by delivery to the Board of Directors (or Covenant Enforcement Committee) of a completed and signed Covenant Complaint Form. 

             Following receipt of a completed and signed Covenant Complaint Form, a member of Covenant Enforcement Committee shall then investigate the alleged violation.  If the violation is found to exist, a letter (the "First Letter") outlining the violation is sent to the Owner requesting compliance with the Governing Documents within 10 days.  If the violation is cured or corrected in response to the First Letter within 10 days, then no further action shall be taken and, more specifically, no fine shall be levied against the Owner.

             If the violation continues, it is then further evaluated and substantiated by the Covenant Enforcement Committee and Board of Directors.  A second letter (the "Second Letter") is sent by certified mail, return receipt requested, to the Owner outlining the violation, requesting immediate compliance with the Governing Documents, and advising that a Hearing shall occur before the Board of Directors.

             At the Hearing, if the Board of Directors finds the violation to exist (or to have existed without timely compliance by the Owner in response to either the First Letter or the Second Letter), the Board of Directors may levy a fine against the Owner in accordance with the then applicable Fine Schedule.   Following the Hearing, a written report of the proceedings and the action taken by the Board of Directors, including the levy of any fine, shall be immediately reported to the Owner in writing.

             A fine may be levied from the date the violation first occurred (or commenced, in the case of an ongoing or continuing violation) as determined by the Board of Directors  at the Hearing.  Any fine shall become a lien in favor of the Association and against title to the living unit owned by the Owner in question, arising in the same manner as liens under the Declaration of Pioneer Trails and applicable Washington law.  Fines will be billed and collected in the same manner as assessments.

             In the event of a continuing violation that results in the assessment of more than 30 days of fines, the Board of Directors will further review the situation.  The Board of Directors may, among other things, initiate legal proceedings to enjoin any further violation, to collect any unpaid fines, to collect attorney's fees and costs, and to seek any other relief that may be appropriate.  Fines may continue to be assessed and levied during the pendency of such legal proceedings.

             Payment of all attorney fees and costs incurred by Pioneer Trails in connection with the enforcement of the Governing Documents as against an Owner who is determined to have committed a violation of the Governing Documents shall be the sole responsibility of the Owner.  The attorney fees and costs will be billed and collected in the same manner as assessments.

             The Board of Directors reserves the right to amend these Covenant Enforcement Policies and Procedures and Fine Schedule, which amendment(s) shall be effective upon notice to the Owners.

 

FINE SCHEDULE

(Effective January 1, 2005)

 Fines for violations of the Governing Documents may be levied daily from the date the violation first occurred (or commenced, in the case of an ongoing or continuing violation) as established by the Board of Directors following Notice to the Owner and a Hearing. 

 Fines shall be levied at the following rates:

i)         $10.00 per day from the date the violation first occurred or commenced until the date the violation is cured or corrected, provided the cure or correction occurs within 30 days.

ii)        After 30 days, $20.00 per day until the violation is cured or corrected.

 If the same violation by the same Owner has occurred before (i.e., as previously established by the Board of Directors or Covenant Enforcement Committee) the initial fine will be at a rate of $20.00 per day until the violation is cured for the first 30 days, then increasing to $30.00 per day.

Committee Charter

The committee's purpose is to assist the membership in covenant clarification and enforcement in keeping with PTHA's purpose to maintain and enhance property values.  The committee accomplishes this by:

7. Being knowledgeable about the covenants and guidelines adopted by the Board of Directors.
8. Working directly with the membership, through (but not limited to) the newsletter and welcome packet, which continually educates all to the benefits of voluntary compliance.
9. Acting as a Board of Appeals should a decision that a violation exists be questioned.
10. Recommending enforcement actions beyond the current Board approved procedures as necessary.
11. Verifying the existence of reported violations and reporting blatant violations to the Board of Directors.
12. Excuse yourself when there are friends and/or neighbors involved in the reported violation or issue at hand.

Duties

1. The committee shall exist of 3-7 members appointed to a 2-year term.
2. It is important that committee members attend scheduled meetings.
3. The chairperson and secretary will serve in these positions for 1 year.
4. Committee members will complete inspections in a timely manner, reporting them on the proper forms. 
5. Committee members shall report observed violations on the appropriate form.

Complaint Procedures

1. A covenant complaint form must be completed.  No complaint will be taken unless the complainant is willing to give his/her name, address and telephone number.  (This is to make sure the complainant is a member of PTHA and therefore entitled to make the complaint)  No anonymous complaints will be taken.
2. The information on the form will be verified complete by a committee member.
3. The complaint will be assigned a number, which will be recorded on the complaint form.  This number will be used by the committee to check on the status of current complaints.
4. The top part of the inspection form will be completed. 
5. Two committee members will inspect the reported violation.  Comments and suggested action will be noted on the inspection form.
6. The Chairperson will review the inspection form and determine if a letter should be sent of if the Board needs to take immediate action.
7. If a letter is sent, the first letter will be sent via regular mail with a "Complaint Response Form" and any other necessary forms.
8. Copy of the letter is filed.
9. A second inspection is scheduled for 11 days after the letter is sent.
10. The Second Inspection form will be completed by at least one committee member.
11. The Chairperson will review the 2^nd inspection form and determine if a second letter is necessary.
12. A second letter will be sent via certified return receipt requested with a copy of the first letter, the appropriate covenants, policies and procedures. 
13. A hearing date will be set before the Board of Directors between 12 to 30 days of the date of the 2^nd letter. The hearing date will be included in the above letter.
14. Copy of the 2^nd letter is filed.
15. A third inspection is scheduled for 11 days after the 2^nd letter is sent.
16. The Third Inspection form will be completed by a Board Member. 
17. The hearing will take place as scheduled above. 
18. The homeowner has the right to be represented, speak in his own behalf, to present witnesses and written statements at the hearing.
19. The Board will conduct a hearing on the violation (using Roberts Rules of Order).  The Board is empowered to levy a fine (within the set ranges), reduce the fine, dismiss the fine and/or continue the matter to the next scheduled meeting.
20. All fines will be determined based on severity and frequency of the infraction.  The fine begins accruing at $10 per day for the first 30 days, $20 per day until the violation is cured or corrected.  
21. Unpaid fines are subject to 18% annual interest and a lien will be placed against the property after 30 days, together with related legal and recording costs.  All liens are subject to collection and/or foreclosure action at the discretion of the Board of Directs, as outlined in the Governing Documents.