1. Purpose
1.1. The purpose of this rule is to incorporate the applicable provisions of the Architectural and Environmental Control Standards existing in Big Canoe into the official set of Rules and Regulations of the Association, and to establish the consequences for violations of those provisions as well as the process for appealing such consequences.
2. Responsibilities
2.1. By an amendment to the Declaration the Big Canoe Company, LLC (the Company), the Big Canoe Property Owners Association (POA) has been properly delegated to serve as the architectural control authority for POA neighborhoods.
2.2. The Architectural and Environmental Control Department (AECD) of the POA is charged with the responsibility for administering, and enforcing these rules as well as the “Architectural and Environmental Control Standards of Big Canoe”, and any future architectural standards that may be applicable to Big Canoe.
2.3. The Company is responsible for creating and maintaining any future architectural standards regarding new construction appropriate for Company Neighborhoods in Big Canoe.
3. Rules
3.1. Before beginning construction, it shall be the duty of the Owner/Owner’s agent to ensure that all articles relating to plan submittals are given to the AECD for review and approval as noted under the General Declaration, including any variance requests. Failure of a Builder/Property Owner to submit plans for approval to the AECD and receive such approval from the AECD before commencing any covered activity constitutes a violation of this rule. Failure of a builder/property owner to comply with the approved plans on file with the AECD also constitutes a violation of this rule.
3.2. All construction must comply with the Architectural and Environmental Control Standards of Big Canoe. Non-compliance of the “Architectural and Environmental Control Standards of Big Canoe” constitutes a violation of this rule.
3.3. There shall be no occupancy of a residence until an Occupancy Permit has been issued by the AECD. Failure to receive approval for occupancy prior to occupancy constitutes a violation of this rule.
3.4. All homeowners must comply with the “Architectural and Environmental Control Standards of Big Canoe”. Failure to comply constitutes a violation of this rule.
4. Enforcement
4.1. When violations are discovered, the AECD will notify the Builder/Property Owner in writing, and by telephone if possible, and will provide 10 days to enable the Builder/Property Owner to make such corrections and thereby cure violations in lieu of invoking the fining process.
4.2. All violations of the above Rules that are not resolved to the satisfaction of the AECD will be subject to fines as specified below.
5. Classes of Violations
5.1. Each instance of violations for a given lot will fall into one of the following classes:
5.1.a. Class “A” - Violations of 3.1, 3.2, and/or 3.3 above
5.1.b. Class “B” - Violations of 3.4 above
6. Schedule of Fines for Class "A" Violations
6.1. Class “A” fines for violations of the above shall be assessed on a per Builder/Property Owner basis as follows:
6.1.a. First violation - $1,500
6.1.b. Second violation, or repeat of first violation - $3,000
6.1.c. Third violation will result in suspension of building privileges for Active Builders.
6.1.d. For purposes of determining second and subsequent violations, a period of twelve consecutive months dating from payment of the last fine assessed under the provisions of this rule
6.1.e. Continuing violations that are not cured within the 10 days as provided in 4.1 above will be assessed a daily fine of $50 per calendar day beginning on the 11th day and continuing until the violation is corrected to the satisfaction of AECD. This daily fine will be in addition to any one-time fine assessed. In the event of a continuing violation, each day the violation occurs or occurs again constitutes a separate offense and fines may be imposed on a per diem basis without further notice to the violator.
6.1.f. For violations of 3.3 (moving in prior to approval of occupancy) Property Owners will be fined $3,000 for the first day of such unapproved occupancy, and $5,000 on the first day of each successive month of such unapproved occupancy.
6.2. Notification of the fine assessment will be in writing from the AECD to the Builder/Property Owner of record.
6.3. The assessed fine will be debited from the Builder’s Compliance Deposit if that builder has not otherwise paid such fine within thirty (30) days from the date of notification. Thereafter, the daily fines for continuing violations will be charged to the applicable lot.
6.4. In instances where there is no formal builder of record and therefore no Builder’s Compliance Deposit, fines will be levied directly against the property owner in accordance with Sections 3, 4, 5, and 6, of Rule A.1, General Enforcement Provisions.
7. Schedule of Fines for Class "B" Violations
7.1. Class B fines shall be in accordance with Section 2 of Rule A.1, “General Enforcement Provisions”.
7.2. Notification will be sent to the Property Owner by the General Manager or a designated representative.
8. Appeals Process
Notice of an appeal of Class A or B violations shall be made in writing to the AECC via the AECD within 10 days of receipt of the written notice of the violation in accordance with Architectural and Environmental Control Standards.
Further appeal of Class A or B violations shall be made to the POA Board in accordance with Section 2.1 (a) of Rule A.1 “General Enforcement Provisions.”
