Morningside Foothills

MORNINGSIDE CC&R COMPLIANCE POLICY

Our Guilding Principles

The Morningside Homeowners Association Compliance Policy states the guiding principles by which the Homeowners Association Board operates. Our threefold goal is that the Policy is PUBLIC (no secrets, no surprises), it is FAIR (based on the CC&R’s we all signed when we bought our homes), and it is IMPARTIAL (no selective enforcement, no favoritism). We want to make sure that the Homeowner is aware of the CC&R Violation before the enforcement process is started. We operate on the belief that most violations are the result of unintentional negligence or not being aware of the CC&R violation. The benefit of the doubt will always be awarded to the Homeowner. The foundation of the request for compliance to the CC&R’s is the belief that ALL Homeowners have a vested interest in the valuation and the safety of the Neighborhood.

Therefore we have a VIOLATION PROCEDURE by which we seek compliance to the CC&R’s. This PROCEDURE progresses through three phases:

The Three Phases

Phase one is a personal, friendly contact, offering to assist or providing helpful resources specific to the violation. We can offer the resource of a group of neighborhood volunteers who can assist when a helping hand is needed. Our Goal: 100% compliance, all achieved by Neighbors helping Neighbors.

Phase two would consist of written notification in two parts. The first letter outlines the violation and corresponding CC&R’s, provides a Neighborly offer to help assist in solving the problem and ends with a friendly request for compliance. If this first letter goes unheeded a second letter is sent via Certified mail advising the Homeowner that because they have not complied with the CC&R’s he/she has left the Board no other option except to refer the matter to an Attorney. This second letter also advises the Homeowner that a Hearing has been scheduled on their behalf that they might have an opportunity to be heard by the Board. Outlining the fine schedule for their violation, this letter further states that it would be in all of our interests to solve the problem before it becomes expensive. Our goal is to exhaust all means of coming to a satisfactory solution prior to turning the matter over to an Attorney. NOTE: If at any time during the PROCESS the Homeowner remedies the VIOLATION, the matter is dropped.

Phase three would be to turn the matter over to our Attorney. This is a "last resort" measure.