Appendix F – 1 QLLA Review Board Violations Fine Structure (See Violations, page 22 for further details) Definition of violation: A violation is defined as an act or omission on the part of a QLLA Landowner, Condominium Association, the QLLA Developer, or any agent thereof, which results in an infraction of the rules and Guidelines established in the Covenants and/or Landowners’ Guide. Authority: QLLA Bylaws, Article IX, Section 9.05, which states in part: “… the Review Board may impose and enforce sanctions, as follows: … require restitution of damages and/or impose fines and collect for each said violation. The Review Board shall establish a schedule of fines from time to time for approval by the Board of Trustees.” Effective Date of Fine: Either 30 days after notice, if no action to remedy is taken, or immediately in the case of those fines being imposed where no remedial action can be taken (e.g. tree-topping, clearcutting, unauthorized changes, view restoration). Payment of fines: Fines will be issued as part of the Landowner’s QLLA monthly membership bill and are subject to the same payment terms, interest rates and actions as all member charges. Outstanding fines: Fines and any accumulated interest that have not been paid will be collected at the time of sale of the subject property as a lien against the property, or, at the discretion of QLLA will be collected through legal proceedings against the Landowner. Schedule of Fines: Fines are assessed based on the type of violation ranging from minor to severe. The assessment of a violation and the subsequent fine process involves several steps and communication. CATEGORY A, Violations including the following and similar types : $125- $250 Exposed propane or oil tanks Exposed storage of trailers, RV’s, boats, motor homes, trucks, work vans, construction equipment, Signage other than approved for identification of address or Landowner Exposed trash, garbage containers, clotheslines, recycling containers/materials. Failure to properly dispose of cuttings and pruning from tree work Failure to respond to RB regarding requests for action Improper storage of boats, trailers, disabled vehicles, recreation vehicles Abandoned Property appearance Appendix F – 2 CATEGORY B: Violations including the following and similar types: Use of unauthorized Contractor Unauthorized altering, removal or construction of stone walls or fences Unauthorized change in of house and /or roof colors or materials Failure to take required corrective action in a timely manner Failure to make an “after the fact application” after being notified by the RB. $ 500- $1,000 CATEGORY C: Violations including the following and similar types: $ 2,000- $5,000 Use of dwelling as a multifamily residence Unauthorized construction of additions, sheds, garages, etc. Unauthorized addition of A/C units, power generators and renewable energy devices Unauthorized modifications of plans previously approved by the RB CATEGORY D: Violations including the following and similar types: $5,000- $10,000 plus restoration costs Unauthorized cutting or pruning of trees. Any type of tree cutting, pruning or clearing in Greenbelt areas without prior approval and supervision of QLLA Property Manager. CATEGORY E: Violations including the following and similar types: $10,000- $50,000 Plus restoration and/or corrective action costs Topping of trees (cutting of upper stem of any live tree) Clear-cutting of trees on owners property, neighbors or Greenbelt CATEGORY F: Grievous violations resulting in major damage to the QLLA landscape and potential damage to the value of neighboring properties: Amount to be determined by RB Fine Mitigation: The RB will consider partial fine mitigation on a case by case basis to account for circumstances, the degree of the offense, degree of restoration/correction completed, degree of cooperation and timely action of the Landowner. Fine mitigation is approved by a vote of the RB. Fine mitigation up to a maximum of 50% is possible for violation categories A, B and C. Fine mitigation of up to 25% is possible for violation in categories D and E. The RB will consider, as part of the mitigation process, the expenses incurred by the Landowner for restoration and remediation. Receipts for expenses are required to allow this. No fine mitigation will be considered for violations in category F. Additionally in cases where restoration or corrective action cannot reasonably be accomplished, no fine mitigation will be offered. The RB Chair may petition the Board of Trustees for an exception if circumstances warrant such. Violation Enforcement Expenses: In the event, corrective action required by the RB is not timely undertaken, the RB can take appropriate action (e.g. towing a junk vehicle or replanting an area) and assess the cost of such action to the Landowner or Condominium Association in addition to any fine. 3268 Quechee Main Street PO Box 1301 Quechee, Vermont 05059 Telephone 802.299.2108 Email Review.Board@QuecheeClub.com Fax 802.295.1527 www.QuecheeClub.com