Dear Residents and Visitors:

Please know, the Board of the Ridgewater Homeowners Association (HOA) has the authority to impose penalties for violations of the community rules, following the notice and hearing procedures outlined in the Bylaws. If a resident, guest, or invitee breaks the rules, the Board can sanction them and/or the owner of the property involved.

The Board can also take direct action to enforce the rules, such as (1) filing liens for unpaid fees, (2) towing vehicles that violate parking rules, (3) removing pets that don’t comply with pet policies, or (4) correcting maintenance issues without following the usual procedures.

Additionally, the HOA can take legal action to stop violations or seek damages without needing to adhere to the Bylaws’ procedures. All enforcement options available in the Declaration and Bylaws can be used together.

If the HOA wins a legal case, it can recover costs, including attorney fees. The Board is not required to enforce every rule if it believes doing so may conflict with the law or if the case is weak, but this does not waive the HOA’s right to enforce other rules. The HOA can also enforce local laws and allow government authorities to do the same for the benefit of the community.

This policy is based on ARTICLE 4: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION, dated January 4, 2018, sections:

4.3.  Enforcement.

The Board, or any committee established by the Board with the Board’s approval, may impose sanctions for violation of the Governing Documents after compliance with the notice and hearing procedures set forth in the Bylaws.

In the event that any occupant, guest or invitee of a Lot violates the Governing Documents, the Board or any committee established by the Board, with the Board’s approval, may sanction such occupant, guest or invitee and/or the Owner of the Lot that the violator is occupying or visiting.

In addition, the Board, or the covenants committee if established, may elect to enforce any provision of the Governing Documents by exercising self-help (specifically including, but not limited to, the filing of liens in the Public Records for non-payment of assessments and other charges, the towing of vehicles that are in violation of parking rules, the removal of pets that are in violation of pet rules, or the c01Tection of any maintenance, construction or other violation of the Governing Documents) without the necessity of compliance with the procedures set forth in the Bylaws. The Association may levy a Specific Assessment to cover all costs incurred in bringing a Lot into compliance with the terms of the Governing Documents.

The Association may also elect to enforce any provisions of the Governing Documents by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedures set forth in the Bylaws.

All remedies set forth in this Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In any action or remedy taken by the Association to enforce the provisions of the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, reasonable attorneys’ fees and court costs, reasonably incurred in such action.

The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the Board in the exercise of its business judgment determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association’s position is not strong enough to justify taking enforcement action. Any such determination shall not be construed a waiver of the right of the Association to enforce such provision under any circumstances or prevent the Association from enforcing any other covenant, restriction or rule.

The Association, by contract or other agreement, may enforce county, city, state and federal ordinances, if applicable, and permit local and other governments to enforce ordinances on the Properties for the benefit of the Association and its Members.