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Covenants and Infrastructure Committee
Chairperson: TBA Phone: TBA
OCA Restrictive Covenants Policy & Procedure
Part I – The Policy
Purpose of this policy
This policy has been written to identify the values and criteria for the subsequent procedure, which details how different violations will be identified, investigated and processed. To reflect the uniqueness of the OCA, the policy and procedures are based on commitments to:
Resolve complaints/violations through voluntary compliance wherever possible, without proceeding to a subsequent step.
Offer an opportunity for a member to question a notice of violation informally or formally. Adhere to fair and impartial investigation of the alleged violation. Resolve issues in a timely manner. Part II – The Procedure
This procedure defines how compliance with the Covenants will be achieved for the benefit of all property owners:
Directions to The OCA Board of Directors for investigating and obtaining compliance.Assurance to property owners that there is a defined set of steps to be followed in achieving compliance. Emphasis on resolving complaints/violations through voluntary compliance. Step A. Initial Report of Violations The OCA will act on their personal observations and reports from owners or other persons of alleged violations of the Restrictive Covenants (referred to in this procedure as "complainant"). The complainant will be required to fill out a complaint information form and sign it. Step B. Initial OCA Action on Reported or Observed Violations
If voluntary compliance cannot be obtained at the first contact with the responsible owner or if there is a repeat of the violation, then the OCA will proceed to Step C.
When responding to reported alleged violations of the Restrictive Covenants, the OCA shall first request by letter or phone call to the responsible owner to comply voluntarily. It shall be the OCA’s primary objective to seek voluntary compliance in all cases. If voluntary compliance can be obtained by the staff, the violation shall be deemed cured and no further action taken. The result will be noted in the Covenant Complaint file kept by the Covenant Committee Chairperson. Step C. Notice of Noncompliance
This notice will include a description of the violation, including the location and date it was reported. The notice will also request a response from the responsible owner indicating timing for which the violation will be corrected.
If the OCA finds that there is a violation, and is unable to obtain voluntary compliance, the OCA will send by certified mail, with return receipt requested a notice of noncompliance for the violation to the responsible owner. Step D. Response to Notice of Noncompliance
Step E. Final Resolution
The responsible owner will have thirty (30) days from the date of the notice to respond to the OCA in writing to the notice of noncompliance. If a response is not received or if the violation is not corrected in the timing indicated by the responsible owner, the Covenant Committee Chairperson will discuss Final Resolution with the OCA Board as described in Step E. The OCA Board will determine an appropriate final resolution to the violation up to and including legal action. A final notice will be sent by certified mail, with return receipt requested to the responsible owner to inform them of the final resolution.
Other Rights and RemediesNothing in this procedure shall be deemed to limit any other rights and remedies that the Board of Directors or a member of the OCA may have under the Bylaws of the Association or under law in seeking to enforce the Restrictive Covenants. Record of Reported Violations
The OCA will keep a file of all reported violations of the Restrictive Covenants and other matters requiring action or response. The file will include: 1) the initial report of the violation, 2) all other reports, investigations and notices relating to the violation prepared or received by the OCA, 3) all correspondence with the responsible owner and other parties relating to the violation, and 4) any other information relating to the violation in the possession of the Association. The responsible owner will have the right to review the investigation record. The Covenant Committee Chairperson will keep the Board of Directors informed about any significant incidents. The OCA will also take a proactive role to keep complainants informed of the outcome of the investigation of the alleged violations that they reported.
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