Fine & Appeal Process

The Board of Directors of Twanoh Falls Beach Club Homeowners Association resolves the following: 

When the Board reasonably incurs fees and expenses, such as cleanup costs, legal fees, expert fees, surveyors fees, title report fees, lien fees, court costs, and expenses to enforce the provisions of its covenants, articles of incorporation, Bylaws, rules or other governing documents, either by communication, preparation or lawsuit , it shall be repaid by the member(s) responsible.  This will include fines and court awarded of such fees to the Board and the amount of the same shall be treated for all collection purposes as assessments. 

Any member who is in violation of the Twanoh Falls Beach Club Community Rules, ByLaws and/or Protective Covenants must take corrective action upon notification.  These documents are provided upon ownership and/or update and are on our website, twanohfallsbeachclub.org.  Notification will be in writing to the member of record.  Nothing precludes TFBC from taking action immediately and/or also issuing a fine based upon the seriousness of the violation or in regards to the TFBC Remedial Maintenance Resolution, Animal Control Resolution, Fireworks Resolution and Civility Resolution.  Failure to correct the violation within the thirty (30) days will result in the following: Please see Summary of Policies, Fines, Fees, and Contracts.

Once these have occurred, the member must pay all outstanding fines and fees and completely correct the violation in order to have their beach rights and water service restored.  

Appeal Process

A member whom has been fined for an infraction of the Twanoh Falls Beach Club Community Rules, ByLaws and Covenants shall have the right to appeal said fine to the Board of Directors at a scheduled Board Meeting. A written notification to appeal must be received by the Board of Directors no later than 30 days after the date of the fine.  In order for this to happen the member must:

  1. Notify the board at least 10 days prior to the next scheduled meeting that they will be present to contest the fine.

  2. The member must be present as scheduled.  If the member is absent from the meeting they will not be afforded another opportunity to appeal.

  3. The member must agree to abide by the decision of the Board of Directors.  This decision will  be final and binding.

  4. If the Board finds against the member then they must pay the fine and correct violation as set forth in the original invoice.  If they do not then they face additional fines and penalties as deemed appropriate by the board.

 

The procedures at the meeting will be the following:

  1. The Board of directors will state the violation, fine imposed and any evidence validating the violation. 

  2. The member will have 15 minutes to present the appeal.

  3. The member will then exit the meeting while the Board discusses the matter and makes a decision.

  4. Once the decision is reached the member can be re-admitted to hear the findings or said findings can be delivered in writing by mail. The decision of the TFBC Board of Directors will be final and binding.  No second appeal on any given issue will be heard.                                  

 

 

 Revised 7-26-2019