Outline of Steps for Filing a Complaint Regarding Another Homeowner
1. Every complaint made to the board shall be in writing or by email, provided the email is sent with a “Read Receipt” to acknowledge that the email was received and read. Anonymous complaints will not be accepted or acted upon.
2. Once a complaint is received, the Board will determine whether the complaint falls within the scope and authority of the Ridge South Homeowners Association. The Ridge South Homeowners Association Board and its officers:
Cannot do anything in excess of the powers granted under the Bylaws or by Nebraska law; and
Cannot do anything that conflicts or waives any requirement contained within the Declaration of Protective Covenants, Conditions & Restrictions of Ridge South and all of its amendments (collectively "Covenants"), or the Declaration of Uniform Fencing of Ridge South (“Declaration”).
If it is determined, by a majority vote, that a complaint does not fall within the scope and authority of the HOA, the complaining party will be notified, either in writing or by e-mail. The determination will be made by examining the facts surrounding the complaint as well as an examination of the Declaration of Protective Covenants, Conditions and Restrictions of Ridge South, including all amendments, to determine whether the alleged violation is within the board’s power to prevent, remedy or otherwise control.
3. If it is determined that the complaint does possibly fall within the scope and authority of the HOA, the president will assign a board or committee member to investigate and document, if necessary, the alleged violation. The person assigned is responsible for presenting the results of the investigation back to the entire Board for consideration. How this investigation takes place is left to the sole discretion of the investigator. If the complaint involves another homeowner, the investigator may, upon request, tell the homeowner who made the complaint.
4. The Board will evaluate and make a determination if a violation has or is occurring. This will be done by a vote of the board of directors, simple majority.
5. The Board will send a letter, by certified mail, to a property owner determined to be in violation asking for cooperation in resolving the issue within 30 days. Within these 30 days, the property owner may request to meet with the board to discuss the matter.
6. If requested, the Board will meet with the homeowner in an attempt to work out a resolution. An invitation to the person initiating the original complaint will be extended as well.
7. If the 30-day timeline is exceeded, with no corrective action or contact from the property owner, the Board will determine, in its sole discretion, what further steps to take. This may include, but is not limited to: filing a lien against the homeowner; presenting the issue to the entire Association at the next association meeting or at a special meeting; as permitted by Nebraska law and the Covenants, fine or seek a remedy as deemed appropriate; direct its attorney to send a second letter by certified mail requesting compliance or contact with the board within 14 days to resolve the matter; cause a lawsuit to be initiated against the offending homeowner. A simple majority vote is required to determine what action, if any, the Board will take.
8. The property owner will be notified by certified mail and given an opportunity to address the association at any meeting called to address the possible violation. The item will be advertised as an agenda item. The association members present at the meeting would vote to accept or reject the recommendation of the board.