The Commons at Middletown Condominium Association

Complaints and Enforcement

  1. All complaints of violations of the Association Declaration, By-laws and Rules and Regulations, must be submitted in writing, utilizing the attached complaint form. These forms must be completely filled out and must contain proper identification and details sufficient to enable the Board and/or the Association managing agent to determine whether an investigation into the complaint is warranted.  Complaints may also be initiated directly by the managing agent and/or by the Board.
  2. Completed forms must be forwarded to the managing agent.
  3. The Board or the managing agent will research the documents and investigate the violation complained of to ascertain if an Association restriction has been violated.
  4. Once the Board and/or the Property Manager determines that a violation requires correction, a written notice (“Reminder Letter”) will be sent to the delegated offending party (Unit Owner with a copy to the resident, if applicable) giving them fourteen (14) days (or other time frame as may be appropriate) in which to correct the violation or respond to the notice. The Reminder Letter shall caution of the consequences, including fines and legal action, which may ensue if the violation is not corrected within the stated time frame.  No additional opportunity to cure any violation shall be required for subsequent identical violations which occur within one (1) year of the first Reminder Letter.
    1. If an appeal to the notice is desired, a written request for a hearing must be submitted to the Association’s managing agent within these fourteen (14) days. If no request is made, the notice of violation will be considered valid.
    2. If a hearing is requested, a hearing will be scheduled before the Board of Directors at their next scheduled meeting; notice of the scheduling will be provided to the Unit Owner. A written decision will be issued within ten (10) days of the date of the hearing making a determination of whether a violation occurred and, if so, what remedies or actions the Association intends to pursue.
    3. The decision of the Board of Directors will be final.
  5. If a violation of the Declaration, Bylaws and/or Rules and Regulations has not been appealed and if it has not been corrected within Fourteen (14) days, violation notice(s) will be issued and fines will then be levied in accordance with the following schedule:
    1. After fourteen (14) days- $50.00
    2. After four (4) weeks- $75.00
    3. After six (6) weeks- $125.00
      After six (6) weeks the Board reserves the right to levy additional fines if the violation is not corrected.
  6. Fines will be cumulative and if not paid within the stipulated time, will be treated as a lien on the real property. The collection of these fines will be pursued by all powers reserved to the Board of Directors by the Uniform Condominium Act and by the Declaration and Bylaws of the Commons at Middletown.
  7. In the event that a violation is not fully and properly corrected within an establish time period by a Unit Owner, and a fine is not paid, the Board reserves the right to take all appropriate actions it deems necessary and prudent to remediate the violation, obtain payment of the fine and/or compliance with the Declaration, the Bylaws or the Rules and Regulations. The Board’s actions may include entry upon the Unit Owner’s lot to remediate the violation at the Unit Owner’s expense and/or filing legal action for injunctive relief or damage if the circumstances are deemed warranted by the Board. In all such events, any and all additional fees and costs incurred to remediate the violation and/or bring the Unit Owner into compliance with the Declaration, Bylaws or Rules and Regulations shall be assessed against the Unit Owner including but not limited to all fees and costs related to the retention of any third party to perform remediation work, attorneys’ fees, court costs, interest, management fees, and all other costs of enforcement costs.  Fines shall be collected in the same manner as assessments and shall constitute a lien on the subject Unit.
  8. In the event of an assessment delinquency or violation of the provisions of the Declaration, Bylaws and/or Rules and Regulations, the Board may suspend the rights and privileges of any Unit Owner and their family, occupants, guest and tenants in the Association, including, but not limited to, right to vote, the right to serve on the Board or committees, the right to seek architectural approval, and the right to use the recreational facilities during any period of delinquency, provided the Association has first given written notice to the Unit Owner and an opportunity to be heard.

Please note: If the circumstances warrant, some fines are immediate and are issued without warning in accordance with these Rules and Regulations, including, but not limited to,

Failure to provide proof of dryer vent and chimney cleaning/inspection within the specified ninety (90) days. $50.00 fine/month

The use of grills or other outdoor cooking devices.  $750.00 fine

A fine will be assessed each month that the Census Form is not submitted beginning April 1 of each year. See Rule on page 13.  $10.00 per month

Violation of parking rules regarding boats, trailers and commercial vehicles. $100.00 fine

Violation of “No Parking” signs and markings. Vehicles may be towed immediately.