Covenant Enforcement Procedure

*The Covenant Violation report form is at the bottom of this page.

1. The Initial Complaint

A complaint may be made by any resident or the Business Manager. The complaint must be in writing detailing the offense, listing the address of the offending homeowner, and signed by the complainant. A violation Complaint Form is available at the lake office or may be submitted using the form below. A complainant may request their name be held in confidence unless litigation, if required, forces divulging all names. The complaint may be made to one of two people,

(1) the Business Manager, or(2) the President of the complainant’s homeowners’ association, if one exists.[1]

After receipt of a complaint letter or form, the Business Manager will document the investigation and action taken. The Business Manager may fill out a Complaint Form at his discretion if the Business Manager becomes aware of a potential covenant violation on his own.

2. Investigation

Each complaint will be investigated by the Business Manager.

After investigating the matter, the Business Manager will either

(1) decide a potential covenant violation exists, or(2) conclude that the matter does not warrant further investigation and that the matter should be dropped.

The Business Manager will then indicate on the original Complaint Form whether the matter requires further action or whether the matter should be dismissed.

3. Initial Contact with Accused Homeowner

If further action is warranted, the Business Manager will meet in person with the accused homeowner to discuss the problem and ask the accused homeowner to correct the problem. At this time, the Business Manager will inform the accused homeowner that the homeowner has fifteen (15) days to remedy the alleged violation.[2] This meeting will be followed immediately by a certified mail letter from the Business Manager confirming the discussion and the agreement that action will or will not be taken by the accused homeowner, and that the accused homeowner has fifteen (15) days to remedy the violation. If an in-person meeting is not possible, the Business Manager will send the accused homeowner a letter by certified mail detailing the problem and asking that the problem be remedied. This procedure shall be documented on the original Complaint form.

4. Fifteen-Day Warning

If the accused homeowner does not remedy the problem within fifteen (15) days of that person’s receipt of a certified letter from the Business Manager, or if the accused homeowner informs the Business Manager that he or she refuses to remedy the problem, the matter will be referred to the Lake Caroline Board of Directors for further action. This procedure shall be documented on the original Complaint form.


[1] This procedure applies only to covenant violations, which do not immediately threaten the health and safety of Lake Caroline residents. Covenant violations which immediately threaten the health and safety of Lake Caroline residents includes, but is not limited to, dogs or any other animals that are not leashed and roam beyond the borders of the homeowner’s property, and drivers under the legal age for operating motor vehicles of any kind found to be operating such vehicles in Lake Caroline.

For covenant violations that immediately threaten the health and safety of Lake Caroline residents, the Business Manager may investigate the violation report without the need for a letter from the complainant, and may initiate an investigation of the matter after the matter is reported in a phone call or any other method of communication.

The Business Manager, after investigating the matter and determining that a matter does warrant further attention, will write a letter to the accused homeowner making the accused homeowner aware of the covenant violation. Whether a covenant violation is deemed to immediately threaten the health and safety of Lake Caroline residents is solely within the discretion of the Business Manager.

Nothing in this procedure prevents the Business Manager from, at his own discretion, taking action on a covenant violation he becomes aware of on his own.

[2] In the event the covenant violation requires a complex and/or costly solution, the accused homeowner may, at his option, contact the Business Manager prior to the expiration of the 15 days and provide a detailed plan signed by the homeowner that will correct the violation. The Business Manager shall approve the plan, if it is acceptable, and shall monitor the implementation of the plan to assure that it is progressing according to schedule. Any unreasonable delays shall be construed as an attempt to avoid resolution of the violation and the matter shall then be referred to the Lake Caroline Board of Directors for further action.

Covenant Violation Report Form

Required:

Optional: