EVANSTON SQUARE
EVANSTONE SQUARE
Homeowner Resources
Managed by AGM Real Estate Group, LLC
FEES | FINES
ENFORCEMENT POLICY
Rules (2018) | Late Schedule: $25.00 | 10th
Please see Article 16 Compliance with Declaration for rules on violations/enforcement.
Owners / Residents should notify property management of any rule violations. Property management is thereby responsible for notifying violator in writing. If a violation should occur a second time, a fine of $50.00 will be assessed to the unit owner. A third violation, $100.00 and a fourth, $200.00. For further details see the following amended Fine Schedule.
HOUSE RULES & REGULATIONS
4.6.2017
AMENDED FINE SCHEDULE
INITIAL VIOLATION
Warning Only **
SECOND VIOLATION
$50.00
THIRD VIOLATION
100.00
FOURTH VIOLATION
$200.00
ADDITIONAL VIOLATIONS
$300.00
** The Board may choose to skip the warning step in its reasonable discretion.
REPEATED OR CONTINUING VIOLATIONS
If a violation is repeated or continuing, the Board may issue additional fines as set forth above. Continuing rather than repeated violations will receive an additional fine as set forth in the above for each 14 days of continued non-compliance. The term “continuing” refers to violations that are ongoing, rather than occurring as separate events.
DAILY FINES
Subsequent to the deadline given for restoring compliance (“Restoration Date”), each day of a repeated or continuous violation shall be considered a separate violation and may, in the Board’s reasonable discretion, be subject to daily fines. Daily fines are $15.00 per day, but may be increased to $20 per day after a month of non-compliance following the Restoration Date and written notice of the increase. These daily fines are cumulative. The Board may choose to issue daily fines or fines set forth in the chart above, depending on the particular circumstances, except such fines may not be issued
DISCRETION
The Board’s decision not to impose or collect a fine in one instance does not waive or otherwise undermine the Board’s later or concurrent right to impose or collect a fine for other or similar violations. If there are multiple concurrent violations, the Board may, in its reasonable discretion, issue one fine for each violation type or fine for each violation type separately.
DECLARATION
ARTICLE 12
COMMON EXPENSES & ASSESSMENTS
SECTION 12.2 | PAYMENT BY OWNERS
Each Owner shall be obligation to pay it, share of Common Expenses and special charges made pursuant to this Article to the treasure for the Association in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board shall designate. No Owner may exempt himself from liability for payment of assessments for any reason, including waiver of use or enjoyment of any of the Common Element or abandonment of the Owners Unit.
SECTION 12.12.12 | LATE CHARGERS
The Association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent. Assessments or installments thereof in the absence of another established nonusurious rate, delinquent Assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW 19 52 020 on the date on which the assessments became delinquent.
SECTION 12.12.13 | ATTORNEY'S FEES
The prevailing party shall be entitled to recover any costs and reasonable attorneys,' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the prevailing party shall be entitled to recover costs and reasonable attomeys1 fees if it prevails on appeal and in the enforcement of a judgment.
ARTICLE 16
STRICT COMPLIANCE
SECTION 16.1 | STRICT COMPLIANCE
Each Owner, Tenant, and other Occupant of a Unit in the Condominium shall comply strictly with the provisions of the Governing Documents and with all decisions of the Board adopted as provided m the Governing Documents (referred to in the Declaration as "Board Decisions") The acceptance of a deed or conveyance or the entering into occupancy of any Unit shall constitute an agreement that the provisions of the Governing Documents, as they may be amended from time to time, are accepted and ratified by the Owner, Tenant, or other Occupant and all provisions of the Governing Documents shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though the provisions were recited and stipulated at length in each and every deed, conveyance or Lease of the Unit.
SECTION 16.3 | HEARING THE BOARD
The Board, or other body or person ("Hearing Board") designated m the internal notice and hearing procedures required under RCW 64.34.304 ("Due Process Procedures") to be set forth m the Bylaws or Rules and Regulations, is authorized and empowered, as provided in the Due Process Procedures, to investigate, hear and determine all complaints concerning violations by any Unit Owner, Tenant, or other Occupant or by the Association of any provision of the Governing Documents or of any Board Decision and to order compliance therewith. The Hearing Board is further authorized and empowered to levy reasonable fines against any person who shall have been found to be in violation of any provision of the Governing Documents or Board Decision after notice stating the nature of the violation and an opportunity for a hearing and to require the non-prevailing party to reimburse the Association for its costs, including reasonable attorney's fees, in connection with the matter. Fines shall not exceed the maximum amounts to be established from time to time by resolution of the Board Fines and costs shall constitute Assessments secured by a lien upon any Unit belonging to or occupied by the person against whom they were assessed and shall be collectable in the manner provided m Article 12 for the collection of Assessments. The hearing shall be conducted as provided in the Due Process Procedures. If a Hearing Board other than the Board is designated in the Due Process Procedures, any party to a matter heard by the Hearing Board shall have the right to appeal the decision of the Hearing Board to the Board on the record of the proceeding before the Hearing Board. Any member of the Hearing Board or the Board who is incapable of impartial, disinterested, and objective consideration of the case shall disclose that fact to the respective body and shall remove himself or herself from participation in the proceedings and have it so recorded m the minutes.
SECTION 16.6 | RECOVERY OF ATTORNEY'S FEES & COST
In addition to any attorney's fees and costs recoverable in an action brought under Section 16.4 or 16.5, or awarded by the Hearing Board as provided m Section 16 3, the Association shall be entitled to recover any costs and reasonable attorney's fees incurred in connection with the enforcement of any provision in the Governing Documents, any Board decision, or any Hearing Board decision, whether or not the enforcement activities result in suit being commenced or prosecuted to Judgment or a hearing before the Hearing Board being held In addition, the prevailing party shall be entitled to recover costs and reasonable attorney's fees on appeal and in the enforcement of a Judgment, whether in the State of Washington or a sister state. All such costs and attorney's fees shall constitute an Assessment.