RESOLUTION NO. 96-5
IMPOSITION OF FINES/DUE PROCESS RESOLUTION
WHEREAS, the Board of Trustees of Society Hill at Piscataway Condominium Association Inc. is desirous of establishing a consistent policy with respect to the imposition of fines against unit owners who are in violation or the By-Laws and/or Master Deed of the Association; and
WHEREAS, the Board is aware of the due process requirements set forth in N.J.S. 46:8b-13, et al.; and
WHEREAS, the Board is of the opinion that each unit owner alleged to be in violation of the By-Laws and/or Master Deed of the Association is entitled to a fair impartial hearing regarding such allegation prior to the imposition of any fine which may be imposed; and
WHEREAS, the board is of the opinion that it is in the best interest of the Association;
NOW, THEREFORE, be it resolved as follows:
1. Any unit owner(s) who is alleged to be in violation of the By-Laws and/or Master Deed of the Association shall be advised as to the nature of such allegation and issued a Cease and Desist request as well as a Notice of Defense, and shall be advised as to his/her right to a hearing before an impartial Covenants Committee and/or other impartial committee as may be authorized by the Board of Trustees. The Committee shall not include any officers of the Association, members of the Board of Trustees nor any unit owner involved in the dispute giving rise to the allegation; and
2. If after a full hearing, the allegation is found to have occurred, then a reasonable fine may be imposed upon said unit owner.
3. Any unit owner(s) against whom such fine may be imposed, who does not believe that the dispute resolution procedure has satisfactorily resolved the matter shall not be prevented from seeking a judicial remedy in a Court of competence jurisdiction.
ADOPTED:
For Against Abstain
Philip Rosenzweig ___X___ _______ _______
Gerald Adelman ___X___ _______ _______
Thomas Renahan _______ _______ _______
Carol Povich ___X___ _______ _______
Krishan Sharma ___X___ _______ _______
James Rigney ___X___ _______ _______
Joanne O’Beirne ___X___ _______ _______
I certify that this is a true copy of the Resolution.
(Signed)
_________________________________
James R. Rigney, Secretary
Unit Owner
Re: Imposition of Fines
Dear Homeowner;
It has been brought to the attention of the Board of Trustees of Society Hill at Piscataway Condominium Association, Inc. that you may be in violation of the By-Laws and/or Master Deed of the Association. If this is proven, you may be subject to a fine and/or other legal remedies as are authorize by the By-Laws of the Association and New Jersey Law.
More specifically, you are charged as follows:
I am enclosing herewith a Cease and Desist request along with a Notice of Defense pertaining to the same. It is important for you to understand that you have a right to participate in a Dispute Resolution procedure before any such fine shall be imposed. Currently, the Board of Trustees has authorized a Covenants Committee, composed of other unit owners who are not involved in your dispute and are not members of the Board of Trustees, to conduct such a hearing. In the event that a covenants committee cannot be convened, you will nevertheless be entitled to a hearing before an independent Arbitrator(s).
Please respond to the Board with your intention as set forth in the Notice of Defense. If a hearing is requested, you will be advised as to the date, time and location of said hearing.
Thank you for your intention in this matter.
Very truly yours,
Board of Turstees
CEASE AND DESIT REQUEST
The COVENANT COMMITTEE has received the following Complaints(s).
DATE COMPLAINT COMPLAINANT
To Written Notification Covenants Committee
To Written Notification Covenants Committee
To Written Notification Covenants Committee
To Written Notification Covenants Committee
By authority of the By-Laws, the COVENANTS COMMITTEE hereby requests that you immediately CEASE AND DESIST the acts or omissions constituting possible violations until such time, if any, as a ruling of the COVENANTS COMMITTEE, or Court of law directs otherwise. Failure to comply wit this request may result in a penalty greater than that which would be imposed for a single violation.
Society Hill at
Covenants Committee
Dated:
NOTICE OF DEFENSE
In Order to respond to the attached Complaint and Notice of Hearing, please be advised that you have any or all of the following options.
1. Attend a hearing before the COVENANTS COMMITTEE as hereinafter provided;
2. Object to the Complaint on the grounds that it does not state the acts of omissions upon which the COVENATNS COMMITTEE may proceed;
3. Object to the form of the Complaint on the grounds that it is so indefinite or uncertain that the respondent cannot identify the violating behavior or prepare proper defense; or
4. Admit to the Complaint in whole or in part. In such event, the COVENANTS COMMITTEE shall meet to determine appropriate action or penalty, if any. Any objection to the form or substance of the Complaint shall be considered by the COVENANTS COMMITTEE within thirty (30) days of receipt. The COVENATNTS COMMITTEE shall make its determination and notify all parties within said thirty (30) day period. If the Complaint is found insufficient, the Complainant shall have fifteen (15) days within which to amend the Complaint to make it sufficient. The same procedure as set forth above shall be followed with respect to any amended or supplemental Complaint. If it is determined by the COVENATNS COMMITTEE that the Complaint is still insufficient, then the matter shall be dismissed by the COVENANTS COMMITTEE.
Society Hill at
Covenants Committee
Dated:
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