July 1, 2009
To the Homeowners and Residents of Spring Falls Homeowners Association:
Effective August 1, 2009, the Spring Falls HOA will be placing special assessments (fines), as allowed in the Association Bylaws and with approval of Metro Louisville government to residents who fail to maintain their property within the guidelines of the Deed Restrictions of Spring Falls and the property code of Jefferson County. Fines will be levied for non-compliance in areas such as (but not limited to): failure to mow yard (including any property behind fence line), cars parked in areas other than driveways (yards, habitual on-street, parking within any circle or cul-de-sac and commercial vehicles in driveways). Additionally, fines will be imposed for failure to remove holiday decorations in a timely manner, upkeep of property or any other violation as determined by the HOA deed restrictions. In addition, any violations for yards, vehicles, property upkeep etc. will be reported to Metrocall for inspection and possible additional fines by Metro Government.
Fines are to be no less than $50.00 for the first offense and doubled if not paid within 30 days of the notice. Repeat offenses start at $100.00 and also double after 30 days. Fines double again after 60 days of nonpayment. After 90 days, homeowners will be referred to the HOA attorneys for collection at which time all attorney and court fees are added to the fine. Liens will be added at that time and homeowners face possible foreclosure if not paid. Fines will never be sent without prior notice of non-compliance and time (dependent on issue - no less than 10 days) to correct the problem. Homeowners can object, in writing, to the board any fines issued for review within 10 days of the notice. However, all unpaid fines are subject to late fees as outlined above. If your paid fine is overturned or reversed, a check will be issued by the board refunding the fine.
IMPORTANT NOTICE TO LANDLORDS:
The fines and liens are attached to the property and therefore are the responsibility of the property owner. It is the landlord?’s duty to inform tenants of rules and restrictions that apply to the property they are renting and possible sanctions for non-compliance. Please visit our website: www.neighborhoodlink.com/louisville/springsfallshoa for deed restriction information.
The HOA Board is empowered to enforce the rules and restrictions governing the community. Many homeowners within the community fail to abide by the Deed Restrictions that are in place to make the subdivision a better place to live. The failure to properly enforce those rules rests solely with the HOA Board. As acknowledgement, the Board has implemented this plan to aid homeowners in making better decisions concerning their property that is within a HOA community.
The entire neighborhood benefits as a result of deed restriction enforcement.
Dan Chesser, President Spring Falls Homeowners Association