1. Enforcement of Rules & Regulations
Various employees and any other designated persons will be given power by the Board of Directors to enforce the Restrictions and the Regulations and to issue citations for violations. These Security officers will carry numbered badges as evidence of the authority that has been delegated to them.
2. Citation Fees
Citations will be issued according to the following schedule:
Class I: A warning will be issued. If the violation is corrected immediately, no further action will be taken. If a citation is issued for the same violation within a twelve-month period, a Class II fine (see fee and fine schedule) will be issued for each occurrence or 24-hour period the violation exists.
Class II: A minimum fine (see fee and fine schedule) will be issued. If a citation is issued for the same violation within a twelve-month period, the fine will be doubled from the prior amount issued.
Class III: A fine (see fee and fine schedule) will be issued. If a citation is issued for the same violation within a twelve-month period, the fine will be doubled from the prior amount issued.
Class IV: If a member/guest commits offensive conduct (examples of which include but are not limited to: damage to or destruction of property owned by the Association, other members or their guests, behavior that unduly disturbs the peace, violent or threatening acts or repeated infractions of the rules), the Board of Directors, and its agents including the Association General Manager and Security personnel, shall have the authority to direct such offending member/guest to remove himself or herself from the amenities and/or temporarily ban such offending member/guest from the amenities.
An additional fine (see fee and fine schedule) may also be assessed by the Board of Directors against such member/guest for each such incident. The Board of Directors shall have the authority to suspend some or all of the amenity privileges of a member or guest for a period of up to one year for violations of this rule. The suspension of amenity privileges of a member or a guest as provided by this rule must be approved by four members of the Board of Directors. A member, if he or she requests it, may meet with the Board of Directors to discuss the situation leading to the suspension vote.
All violations will be mailed by certified mail with the cost of postage being added to the citation fee.
3. Appeal Procedure
If a member, associate member or guest of a member is cited for a violation of the Rules and Regulations or Restrictions governing the use of the Lake Wildwood Development, the member will thereafter receive a written notice from the Association Office specifying the time, place and details of the violation and nature of the penalty, as set forth in section 2 above, which may be imposed as a consequence thereof. If the member wishes to appeal the citation, he/she must file with the Association Office a written demand for hearing within 30 days of receipt of the ticket.
The Office will notify the Community Relations Committee chairperson, who in turn will set a date and time for an appeal hearing to be held. The member may attend the appeal hearing that has been set either in person or by such video conferencing means as has been prescribed by the Community Relations Committee.
If the member does not file a request for a hearing within the prescribed time, the penalty imposed (whether monetary or disciplinary in nature) will be deemed final (incontestable and non-appealable) and any monetary penalty imposed will be due and payable within 30 days of the date it was imposed.
If receipt of this written notice is refused by alleged violator, the penalty is automatically imposed and the right to an appeal hearing is waived. If the assessed penalty is not paid, it will be added to the lot owner's dues.
Should the member fail to appear on said date at the stated place and time, the demand for a hearing shall be deemed withdrawn. The Community Relations Committee is then authorized to recommend to the Board of Directors that the ticket be upheld.
If such penalty is not paid within the 30 day period, the amount thereof shall become a lien against the member’s property within the Development and collectible by court action or otherwise as provided for by the By-laws of the Association.
The Community Relations Committee shall hold meetings, at a minimum, on a quarterly basis.
4. Appeal Hearing
(a) Security states case.
(b) Community Relations Committee questions Security.
(c) Security signs appeal statement.
(d) Security is dismissed.
(e) Member states case.
(f) Community Relations Committee questions member.
(g) Member signs appeal statement.
(h) Member is dismissed.
(i) Full discussion by the Community Relations Committee of all evidence as well as the Rules and Regulations that apply thereto.
(j) A vote is taken by the Community Relations Committee. A majority vote of at least a quorum of its members shall determine whether a violation did occur.
(k) The Committee’s recommendation is signed by its chairperson and secretary.
(l) All statements are sent to the Board of Directors.
(m) Board of Directors makes a determination whether to uphold or dismiss ticket. This action will be taken at the next regularly scheduled Board of Directors’ meeting.
(n) The Board of Directors then notifies the member of its decision.
5. Additional Violation Costs
Additionally, the Board of Directors may assess the member for all costs associated with the repair and replacement of any property damaged or destroyed as a result of the violation of any Lake Wildwood Association, Inc. Rule or Regulation.
6. State Police, Sheriff’s Police and Conservation Officers
Although the Development is privately owned property, the State Police, Sheriff's Police and Conservation Officers have the power to make arrests for criminal trespass, disorderly conduct and infractions, which constitute legal misdemeanors or felonies. Members and guests are not immune from prosecution by law enforcement authorities and any Security officer or member may call in or lodge complaints with such authorities under appropriate circumstances.