1. Application
1.1. The purpose of this regulation is to establish an obligation for Property Owners and Builders to pay deposits to the Association in conjunction with any construction on a lot and to establish a fining and suspension procedure and a schedule of fines, associated charges, and other sanctions that the Association may levy as the result of violations of its collective RULES AND REGULATIONS and of violations of restrictions in its “Amended and Restated General Declaration of Covenants and Restrictions”, its “Class A Covenants”, and its “Class B Covenants” where those fines, associated charges, and sanctions are not specifically defined elsewhere in these RULES AND REGULATIONS.
1.2. As used in these rules, the term “Builder” will also apply to any Property Owner who retains sub-contractors directly to construct additions or make exterior changes to existing structures.
2. Builder's Compliance Deposit
2.1. This deposit is in addition to the Surety Deposit.
2.2. Prior to the beginning of any site activity for the construction of a new home, each Builder must have on deposit with the POA the sum of $3,000 constituting the Builder’s Compliance Deposit for the purpose of guaranteeing the Builder’s compliance with all the rules, regulations, and standards pertaining to construction activity in Big Canoe.
2.3. Fines for violations will be debited from the Builder’s Compliance Deposit account if that builder has not otherwise paid such fines within thirty (30) days after notification of the fine assessment.
2.4. No Builder whose account has been debited for a fine can begin a subsequent project until the account balance has been restored to $3,000 and there are no unpaid fines outstanding.
2.5. The Builder’s Compliance Deposit less any damage costs or fines assessed will be returned to the builder when that builder is no longer engaged in active construction activity within Big Canoe and submits a written request to the POA requesting termination of his Builder’s Compliance Deposit account on this basis.
2.6. The POA may deposit monies into an interest-bearing account with the interest being paid to the Association.
3. Notification of Non-Compliance or Damage Incidents
3.1. Notification of any non-compliance with the rules of the POA, and notification of payments due the POA for damages caused by the Builder or the Builder’s subcontractors, suppliers, and service personnel will be sent to the responsible Builder or Property Owner as appropriate.
3.2. Notification of any non-compliance with the applicable Architectural and Environmental Control Standards and fines assessed for such non-compliance will be in accordance with Rule C.1, “Architectural and Environmental Control Standards”.
3.3. Damage incidents include any damage to off-site (off the building site) areas such as: neighboring lots, roadways, road shoulders and rights-of-way, utilities, common landscape elements, and any amenities. Damage incidents must be reported by the Builder or Owner to the AECD or POA by the end of the next workday.
3.4. Damage incidents affecting the safety or Public Safety of Property Owners must be reported to the POA Public Safety Department immediately.
3.5. Damage incidents affecting the utilities serving Big Canoe (electrical, water, sewer, telephone, natural gas, or CATV) must be reported to the affected utility and Big Canoe Public Safety as soon as possible, but no later than 30 minutes after the incident.
3.6. In addition to the cost of repairs, failure to report damage incidents in accordance with this rule constitutes a violation of these rules which is subject to a fine.
4. Permissible Actions by the Association
4.1. After 24 hours, if a violation or damage has not been satisfactorily corrected, the Big Canoe POA will take appropriate action.
4.2. This action could include:
4.2.a. charging the Builder a fine
4.2.b. charging the Builder a fee for corrective action taken by the POA
4.2.c. withholding architectural approval
4.2.d. closing down the job site
4.2.e. denying property entrance to Builder and/or sub-contractor personnel
4.2.f. all of the above.
4.3. For repeat violations of the same or similar nature, the POA reserves the right to take immediate action without any waiting period.
4.4. For safety and/or health violations, the POA also reserves the right to immediately close down a job site without any waiting period.
5. Schedule of Fines for Violations for Sections 2, 3, and 4
5.1. First offense: $500
5.2. Second offense: $1,000
5.3. Third offense: $1,500 and/or suspension of building privileges
5.4. Trash on-site: $50 per day
6. Architectural Control Non-Compliance
6.1. All violations of applicable architectural control standards will be handled in accordance with Rule C.1, “Architectural and Environmental Control Standards”.
