Valli Vue Estates Property Owners Associations
Administrative Resolution #2
Due Process

WHEREAS, Alaska Statutes, Section 34.08.320, (a) (11) provides that associations may, " after notice and an opportunity to be heard, levy a reasonable fine for violation of the declarations, bylaws, rules, and regulations of the associations," and

WHEREAS, Article VII, Section 1, of the Bylaws grants the power to exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership...," and

WHEREAS, for the benefit and protection of the Association and of the individual member, the Board deems it desirable to establish and operate by a procedure to insure due process in cases where there is a question of compliance by a member, his family, guest, invitee or tenant with provisions of the Declaration, Bylaws of Board policies, thereby attempting to minimize the necessity of seeking action in or through a court of law; and

WHEREAS, it is the intent of the Board to establish procedures for the Board and designated committee where they must take action relative to questions of compliance by an individual with the provisions of the governing documents and interpretive policies,

NOW THEREFORE, Be It Resolved That any actions by the Board and designated committees regarding covenant violations shall be in accordance with the following procedures:

Complaints of Covenants violations shall be brought to the attention of a Board member who shall refer it to the Covenant Committee. If the Covenants Committee indicates that the complaint appears well founded, the Board shall proceed as follows:

A. In its discretion, the Board may turn the matter over to an attorney with instructions to enforce the rights of the Association in the Alaska courts.

B. Alternatively, the Board may proceed as follows:

1. A notice of alleged violation shall be prepared and served upon the alleged violator.

2. The notice shall specify in detail:

a. The nature of the alleged violation and the specific covenant which is allegedly being violated.

b. The date, time at-id place at which the Board shall consider and make a decision regarding the alleged violation. Said date shall be at least ten days from the date that the notice is served upon the alleged violator.

c. The notice shall advise the alleged violator that he or she may be present at said meeting and present arguments or evidence in defense of the allegation.

d. The notice shall advise the alleged violator that he or she may cure the violation prior to the meeting or may present evidence at the meeting as to his plans with regard to curing the violation.

e. The notice shall advise the alleged violator of the penalties which may be imposed by the Board if it is determined that a violation exists.

3. Service of the notice shall be complete upon personal service or upon depositing the notice in the United States Mail of personal service cannot be accomplished. A reasonable effort shall be made to personally serve the notice upon the alleged violator. However, if personal service cannot be accomplished with reasonable efforts, the notice shall be served by certified mail at the alleged violator's last known mailing address.

4. At the meeting at which the alleged violation is to be considered, the Board shall hear evidence from the Board member who has investigated the alleged violation and from other interested persons. The alleged violator shall be given an opportunity to fully defend the allegations including providing evidence or argument with regard to the alleged violation. Thereafter, the Board shall consider all of the evidence and make a finding with regard to the alleged violation, based upon evidence presented at the meeting. If the Board desires, the meeting may be adjourned to allow the Board to view the location of the alleged violation. If the Board determines that a violation exists, it may withhold imposition of a fine if the alleged violator presents evidence which convincingly demonstrates that the violation will be cured within a reasonable period of time.

5. Pursuant to AS 34.08.320(a) (11), the Board may impose a fine for violation of a covenant in an amount not to exceed $50.00 per day for every day that a violation occurs but said fine may not be imposed until the Board has formally determined that said violation exists. Said fine shall be an assessment against the owner’s property.

Published for Review: December 20, 1985
Adopted by Board Action: January 6, 1986

Effective Date: February 1, 1986

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