Excerpt from Legacy Park Design Guidelines – Revised February 21, 2008
Modification and Violation Appeal Process
4.0 Any resident wishing to appeal a denied modification or violation charge has the right to appear before an Association Committee assigned by the Board to hear appeals, including the Board of Directors itself (hereinafter referred to as “Appeals Body”). The homeowner has ten (10) days after the receipt of the violation notice to make a written request to have the appeal heard. No appeal will go to the Board of Directors without initially being heard by the Appeals Body, unless the Appeals Body is the Board of Directors itself. The Appeals Body will hear any appeals during the regularly scheduled monthly meeting. The decision of the Appeals Body will be in the form of an advisory opinion or recommendation to the Board of Directors. Further, all subsequent references to “Town Council” in the paragraphs labeled 4.1 “Appeal Procedure” shall be changed to “Appeals Body”.
4.1 Appeal Procedure
A resident wishing to make an appeal will need to make an appointment through the Legacy Park HOA’s Property Manager. In the event the schedule is full, the appeal will take place the following month. The imposed time for an oral appeal is 10 minutes. Please do not exceed this time limit. Homeowners are encouraged to bring any material they can to support their appeal, i.e., pictures or receipts.
Appointments for appeals will start at 7:00 pm and will not be scheduled past 8:00 pm. The Appeals Body has the sole discretion to allow more appeals to be heard. In the event of a backlog of appeals, the Appeals Body has the right to add a second meeting per month should the need arise. The Appeals Body will do everything possible to make sure all appeals are heard in a timely manner. The property manager or other designee will represent the HOA as the HOA Representative.
Please note that decisions will not be made at the time of the appeal. All decisions will be available the next business day through the Legacy Park HOA office. All decisions will be mailed to the resident within ten (10) business days. If the HOA Representative disagrees with the Appeals Body’s recommendation, the Representative will notify the resident that the HOA intends to appeal the Appeals Body’s decision. This notice will be given to the resident along with the Appeals Body’s decision.
Once the Appeals Body has made a decision on the resident’s appeal, either the resident or HOA Representative may appeal the Appeal Body’s decision to the Board of Directors. Please follow the same procedure as outlined above to have your appeal scheduled for hearing at the regularly scheduled monthly Board of Directors meeting. Whether or not there is an appeal, the final decision will be rendered by the Board of Directors within ten (10) days after the next meeting of the Board of Directors following the decision of the Appeals Body.
For additional questions or for further clarification concerning the appeals process, please contact the Legacy Park HOA office at 770-919-2556.