I. MISSION
The Legal and Compliance Committee shall constitute the agency of the Board of Directors which shall initially hear and resolve all allegations of violations of rules of conduct at the Lake of the Woods for which a prescribed fine or penalty has not been paid or discharged by the person accused of said violation.
II. COMMITTEE RESPONSIBILITIES
A. The LCC will meet at least once per month to hear and resolve those violations of rules of conduct contained in the Bylaws, Regulations, and Restrictive Covenants of the Association for which the prescribed fine or penalty has not been paid or discharged by the accused person.
B. Committee meetings shall be open. Summons’ recipients who attend the hearing can appeal the Committee’s decision to the BOD, but appeals must be initiated within ten business days of the Committee hearing.
C. The Committee will hear requests for dismissal of issued violations from issuing officers; however, the Committee retains sole responsibility of determining whether the dismissal shall be granted.
D. The Committee may hear any other matters involving legal or compliance which may be referred to the Committee by the BOD, including violations of ordinances, policies, contracts, or infractions of procedures not covered by rules and regulations.
E. The Committee may call the attention of the BOD, GM, or other committees to situations where the application or interpretation of Bylaws or Covenants does not appear to be operating to the welfare of the Association or individual members.
F. The Committee shall notify the BOD of any individuals who have been found guilty of violations deemed “flagrant”, with recommendations regarding the suspension of their driving or other privileges within Lake of the Woods.
G. The Committee Clerk shall report all unpaid fines to the LOWA Director of Finance.
III. SPECIAL CHARACTERISTICS OF THE LCC COMMITTEE
The Committee shall follow the guidance of the BYLAWS, Specifically Article V: Organization, Section D: Committees; however, in order to perform its mission the Committee shall operate under the added guidelines listed below.
1. The Committee shall be provided a Clerk at the expense of the Association, but such Clerk shall not be a member of the Committee.
2. The Committee shall vote by ballot on the guilt or innocence of individuals present at the docket hearing. Individuals who have not paid their fine and do not attend the docket hearing will be found guilty and will forfeit their right to appeal this finding to the BOD.
3. The Committee Chair shall provide a monthly statistical report to the BOD and GM summarizing the number of docket items, their type, the status of offenders, and the total amount of fines levied. He/she shall also make a yearly report of the Committee’s activities to the BOD at the August meeting of the Board.
4. The Committee shall develop and maintain a written list of standard operating procedures designed to promote fairness, consistency, and decorum at its monthly docket hearings (Attachment).
5. The Committee may use Executive Session when the privacy of members or individuals or the rights of juveniles is a concern, or the need to discuss legal matters or consult with legal counsel arises.
6. Members of the Legal and Compliance Committee shall not serve on the Environmental Control Committee.
Approved: February 1, 1997
Revised: July 21, 2010
A. A docket shall be set up by the Clerk of the Committee for each cased filed with the Committee and that case shall be entered upon the Committee’s hearing calendar for hearing in the order of such docketing. The Committee Chairperson may modify the order of the hearings for good cause, including the convenience of the parties involved. The docket of each case will be maintained for a period of five (5) years by the Clerk and shall show the nature of the case, the disposition thereof, the reasons for said disposition and compliance or non compliance by the party involved. Each said docket may, on authorization of the Committee Chairperson be made available for inspection by any interested member of the Association.
B. Hearing of the docket will begin with the reading of the procedures to be followed. All Security personnel will be sworn in as a group. Individuals and any witness present shall be called before the Committee and sworn in by the Committee Chairperson. Should the individual who issued the summons or the witness to the offense not be present, the case will be dismissed. Following the hearing of the issuing officer, the accused, and any witnesses present, any involved individuals may be questioned by Committee members. Committee members will vote by ballot and guilt or innocence will be determined by a majority vote of the Committee members present. The Chairperson will vote only to break a tie. The Committee will remain seated for one half hour after the meeting begins to accommodate individuals who may arrive late. Individuals who do not appear at their stated hearing will be found guilty.
C. Any person found guilty by the Committee shall be informed by the Committee Chairperson that the action taken by the Committee may be appealed to the Board of Directors. Appeals must be initiated within 10 days of the date of the hearing. Individuals who do not appear for their hearing will forfeit their right of appeal.
D. Unpaid fines will be reported to the LOWA Director of Finance.
E. Should the Committee be unable to hold a hearing because of natural or other disaster, the hearing will be held on the next date that the Holcomb Building is open. Wording noting this possibility will be printed on all summonses, and every effort will be made to announce said fact on the entrance board, on Channel 18, and via e mail.
F. It will be the policy of this Committee to assess a fine of ten dollars per day up to 90 days and/or no less than twenty five dollars and no more than fifty dollars to individuals who have failed to correct a violation of LOWA Covenants, Rules, and Regulations before a summons has been issued. The exact amount to be levied will be determined by the magnitude of the offense and the length of time which expired before the violation was corrected. The Committee will abide in compliance matters to the "Property Owners' Association Act."