Smithville MO

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Covenant Enforcement Policy
for Harborview Homeowners Association

Whereas it is clearly the intent of the covenants of HHOA that the Board of Directors of Harborview Homeowners Association (the Board) should create a policy to enforce the covenants of the Harborview Homeowners Association.

Therefore the following policy is established:

Once the Board receives a complaint that a homeowner is not in compliance with the covenants, a member of the board will investigate the complaint. If it is determined that the complaint is viable, a written warning of the violation will be issued to the violator.

Some members of the HHOA continually violate the covenants. A habitual violator is defined as a person who violates a covenant, appears to comply when advised by a board member only to violate the same covenant within a two week period. When someone is identified as a habitual violator, they will be sent a written warning stating so and given 7 days to respond in WRITING to the board explaining how they plan to comply with covenant and when they will be in compliance.

 The violator will be given 7 days to respond in writing to the Board’s letter explaining how they plan to comply with the covenant and when they will be in compliance.

If the Board finds the response acceptable, they will monitor for compliance at the time specified in the response. Non-compliance after the response time or 7 days after the notice if no response will result in a fine of FIVE dollars per DAY being assessed against the homeowner from the date of the written notice of non-compliance until the issue is resolved to the Board’s satisfaction.

After an accumulation of a total fine of $150, the matter will be turned over to our attorney for prosecution. The homeowner will be responsible for ALL fines and additional legal costs. A lien may and will be placed on the property (additional cost of lien $150) and all charges will incur additional penalties at the rate of 8% per annum. After a lien is filed with the Clay County Courthouse the property cannot be sold without a release of lien.

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