13.01 AUTHORITY OF ARCHITECTURAL CONTROL COMMITTEE  

A. ARCHITECTURAL REVIEW:  The primary duty of the Architectural Control Committee (ACC) is to undertake the architectural review obligations dictated by the Declaration. This is stated as follows: 

ARTICLE V  

ARCHITECTURAL CONTROL 

Section 1. Architectural Control Committee. No building, fence, wall or other structure shall be commenced erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and locations of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee, composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.  

B. INFRACTION ENFORCEMENT: 

In addition, and in supplement to, the authority vested in the ACC by the Declaration, the ACC is granted the authority to inspect, review and report to the Board all infractions of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club, any supplements or amendments thereto and the Articles of Incorporation and Bylaws of the Association.  

13.02 LIMITATION ON AUTHORITY - Notwithstanding the authority granted in Section 13.01, the Board shall retain exclusive authority to institute any administrative or legal action against any violating homeowner and the Board shall retain authority to override all decisions of the Architectural Control Committee. 

13.03 APPLICATION PROCEDURE FOR ARCHITECTURAL APPROVALS - All applications to the Architectural Control Committee for architectural approvals shall be governed by the following: 

A. All applications shall be submitted on an approved form which shall be available from the property manager. Upon completion, the form, and any attachments thereto, shall be submitted to the property manager for transmittal to the Architectural Control Committee;

B  All improvements must be completed within 120 days from the date of the Architectural Control Committee’s approval date; if changes cannot be completed within the allotted time the homeowner must submit a written request for an extension and obtain from the Architectural Control Committee a written approval for the extension.

C. In the event that any proposed building, fence, wall, structure or improvement which is subject to the Architectural Control Committee's approval pursuant to the Declaration or this Code, is to be constructed within close proximity to any easement areas (as provided on any plat or in any Declaration), the Architectural Control Committee or the Board shall have the authority to require the party requesting approval to take any of the following actions before considering the proposed plans for approval or disapproval:

1. Provide the Architectural Control Committee with a sealed survey of the subject property, prepared by a surveyor licensed in the State of Florida, depicting the exact location of the improvement in relation to the easement area; 

2. Employ a surveyor licensed in the State of Florida to place metal surveying stakes on the subject property directly upon, and indicating, the exact location of any easement areas. 

13.04 INFRACTION ENFORCEMENT PROCEDURES - To implement the infraction enforcement powers granted in 13.01B above, the Board and the ACC shall attempt to observe the following procedures whenever possible: 

A. ADMINISTRATIVE PROCEDURES: 

1. When the Board or the ACC become aware of an infraction, the ACC shall first attempt a telephone call to the alleged violator to verify the infraction and attempt to obtain voluntary compliance. 

2. If the infraction is not remedied within a reasonable amount of time as set by the ACC, or if telephone contact cannot be made after reasonable attempts, the ACC shall have the management company send a letter to the violator, requesting compliance. This letter shall be sent by regular mail only. 

3. If the infraction is not remedied within a reasonable period of time as set by the ACC, the ACC shall have the management company send a second letter to the violator. This second letter shall be stronger in its terms, shall set forth a final compliance date, and shall indicate the possible penalties which will result from such non compliance including a statement concerning the fining system. This letter shall be sent by both certified and regular mail. 

4. If the infraction is not remedied on or before the date designated in the second letter, the ACC shall determine at a duly constituted ACC meeting which action it deems appropriate. This action can include, but is not limited to: 

a. Direct that further administrative attempts be made to obtain voluntary compliance, such as further letters, telephone calls and personal visits.

b. Vote to submit the matter to the Board for the possible imposition of a fine as provided in paragraph B below. 

c. Vote to recommend to the Board that the matter go directly to litigation.  

B. FINES AND SUSPENSION OF USE RIGHTS/POWER AND STATUTORY PROVISIONS:  

1. POWER TO FINE: 

On April 18, 1994 the members of the Wekiva Hunt Club Community Association, Inc. amended its Bylaws to permit the imposition of fines against its members for the violation of any Wekiva documents. This amendment provides that the Board will adopt rules relating to the actual operation of the fining system. 

2. POWER TO SUSPEND USE RIGHTS/INCORPORATION OF THE GOVERNING DOCUMENTS INTO THE WEKIVA CODE: 

Article II of the Declaration allows the Association to suspend the rights of an owner to use Wekiva's recreational facilities for any period during which any assessment remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. For the purposes of this suspension power, the terms and conditions of all Wekiva Declarations, and the Articles of Incorporation and Bylaws of the Association and all amendments thereto are incorporated into and made a part of this Wekiva Code.  

3. STATUTORY PROVISIONS: 

Subsection 617.305(2), Florida Statutes provides in part as follows: 

(2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1000.00 in the aggregate unless otherwise provided in the governing documents. 

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined and suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. 

(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents. 

(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. 

Certain of the terms of Subsection 617.305(2) are inconsistent with and will supersede the terms found in Article II of the Declaration and the Bylaws that were adopted by the members on April 18, 1994. Therefore, the rules concerning the suspension of use rights and the imposition of fines will follow the terms of Article II and the Bylaws to the extent that they are not in conflict with new Subsection 617.305(2). 

C. APPOINTMENT OF "COVENANT COMPLIANCE COMMITTEE": 

Except for the non-payment of assessments and for violations in commercial areas as discussed below, pursuant to Subsection 671.305(2), the Board of Directors shall appoint a committee to be known as the "Covenant Compliance Committee" (CCC). This committee shall conduct hearings to determine if fines and/or suspensions should be imposed for violations of this Code, the Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Cub, any supplements or amendments thereof and the Articles of Incorporation and Bylaws of the Association.  

The CCC shall be composed of at least three members of the Association who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother or sister of an officer, director, or employee of the Association. For continuity purposes, and to the extent possible, the Board shall appoint committee members for staggered two-year terms. However, all committee members shall serve at the pleasure of the Board of Directors and may be removed with or without cause by the Board at any time.  

The operation of the CCC shall be in compliance with the rules provided below. 

D. RULES FOR THE IMPOSITION OF SUSPENSIONS AND FINES BY COVENANT COMPLIANCE COMMITTEE: 

Except for the non-payment of assessments and for violations in commercial areas as discussed below, the rules, which should be followed for the imposition of suspensions and fines if possible, are: 

1. To the extent possible, no suspensions or fines should be imposed until after the administrative procedures outlined in section 13.04A above are completed. Failure to comply with those procedures shall in no way affect any suspensions or fines imposed hereunder.

2. As to each possible suspension or fining event the ACC shall make a written report to the Board. All such reports must, at a minimum contain the following information: 

a. The name of the owner/violator; 

b. The address and legal description of the infraction location. 

c. A brief description of the infraction, along with the citation of the section of the appropriate document that has been violated. 

d. Any other information deemed important by the ACC, such as photographs.

3. If the alleged violator is involved in multiple infractions, then the ACC may consolidate all information into one report. 

4. A representative of the ACC shall present these reports to the Board at duly constituted Board meetings and shall be prepared to answer any preliminary questions that may arise at that time. 

5. If, at the conclusion of the preliminary presentation the Board believes that the reported infraction exists, then the Board shall propose that a suspension(s) and/or fine(s), be imposed against the violating party and shall direct that the CCC hold a hearing to determine if a suspension(s) and/or fine(s) should be imposed. Additional provisions concerning the power of the Board are as follows: 

a. The Board may not propose a fine in excess of $100.00 per person, per violation. However, for violations of a continuing nature, such fine may be proposed on the basis of each day of such continuing violation as long as such proposed fine does not exceed $1000.00 in the aggregate. 

b. The Board may not propose a suspension in excess of sixty (60) days per violation. 

c. The Board may propose a fine or a suspension or both a fine and a suspension for each violation. 

d. Because the above suspensions and fines are based on individual infractions, the Board may propose multiple suspensions and fines if multiple infractions are found to exist.  

e. The Board reserves the right, but not the duty to prepare a schedule of suspensions and fines for particular violations.

f. The Board also reserves the right, but not the duty, to propose suspensions and fines and then suspend the same upon condition of compliance or because compliance had occurred prior to the presentation.

6- The CCC shall then notify the Owner in writing of the alleged infraction(s) and of the proposed suspension(s) and/or fine(s). It shall also notify the Owner that a hearing will be held concerning the same. The notice shall include the alleged infraction(s), the date, time and place that the hearing will be held and an announcement that the Owner may appear at such hearing to address the issue. The notice shall be served on the Owner by certified and regular mail at least fourteen (14) days prior to such hearing. Service shall be completed upon the depositing of the notice in an official postal depository, postage prepaid.  

7- At the appointed place and time, a full hearing will be held before the Covenant Compliance Committee concerning the alleged infraction(s) and the proposed suspension(s) and/or fine(s). An ACC representative shall present evidence reflecting that the proper notice was served on the Owner, and shall then present the case to the CCC. The owner may represent himself or shall have the right to be represented by counsel at the hearing. Both the ACC representative and the Owner shall have the right to present such evidence as they deem appropriate and may present and cross-examine witnesses. 

8- Multiple infractions by the same Owner may be discussed at the same hearing. 

9- Strict rules of evidence shall not be required, however, the CCC shall comply with such standards that will insure due process and fair play.  

10- The CCC has the right to continue any hearing for such periods of time that it deems necessary in order to insure that full information is presented upon which to make a decision. Appropriate notices of such continuances must be given to the Owner. 

11- If notice is given as required above, the failure of an Owner to appear at the hearing shall in no way impede the completion of the hearing.  

12- If, after a full hearing, the CCC does not approve a proposed suspension and/or fine by majority vote, then such suspension and/or fine shall not be imposed.  

13. If, after a full hearing, the CCC, by majority vote, determines that the infraction or infractions has occurred, then the suspension and/or fine proposed by the Board will be imposed. 

14. For multiple violations, the CCC may impose some suspensions and/or fines and refuse to impose other suspensions and/or fines. 

15. All decisions of the CCC imposing suspensions and/or fines shall be reported in official minutes and must be sent to the Owner by certified and regular mail. 

E. FINES AND SUSPENSIONS FOR THE NON-PAYMENT OF ASSESSMENTS: 

Notwithstanding the above, suspensions and/or fines for the non-payment of assessments may be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 18, 1994 and shall not be submitted to the Covenant Compliance Committee for review and action. No such suspension or fine may be imposed until the person who is to be fined or whose use rights are to be suspended is afforded the opportunity of a hearing before the Board. Notice of such hearing shall be given in the same manner as is provided for in paragraph D6 above. 

F. FINES AND SUSPENSIONS FOR VIOLATIONS IN COMMERCIAL AREAS: 

Notwithstanding the above, suspensions and/or fines to be imposed for violations in the commercial areas of Wekiva shall be imposed by the Board of Directors in conformance with the terms of Article II of the Declaration and the Bylaws amendment dated April 18, 1994 and shall not be submitted to the Covenant Compliance Committee for review and action. No such suspension or fine may be imposed until the person who is to be fined or whose use rights are to be suspended is afforded the opportunity of a hearing before the Board. Notice of such hearing shall be given in the same manner as is provided for in paragraph D6 above.  

G. COLLECTION OF FINES: 

Fines imposed hereunder shall be deemed an indebtedness due the Association from the Owner against whom it is imposed, which shall bear interest at the highest lawful rate until paid. The Association may collect said fine(s) using any method permitted by law or in equity. Should it be necessary for the Association to employ an attorney to collect such indebtedness, in addition to such interest, the Association shall be entitled to recover the costs and expenses thereof, together with a reasonable attorney's fee, pursuant to the Bylaws dated April 18, 1994. 

H. ENFORCEMENT OF SUSPENSION: 

The Association may enforce any suspension imposed hereunder using any and all available legal and equitable remedies. Should it be necessary for the Association to employ an attorney to enforce such suspension, the Association shall be entitled to recover the costs and expenses thereof from the defaulting party, together with a reasonable attorney's fee, pursuant to Section 617.305, Florida Statutes.