Keys, Access & Closing Common Facilities

BYLAW ENFORCEMENT POWERS AND PROCESS

 

 

1. Guidance for behaviour which is incompliant with these bylaws will follow a warning process prior to invocation of disciplinary action as outlined in section 12.4; and

2. All outstanding fines will remain chargeable against the member's property until paid in full; and

3. If any member wishes to enter into a dispute with the Association, that member agrees to enter into mediation, and if unresolved through this mediation, then arbitration. The decision of the arbitrator shall be accepted by both parties; and

4. In order to help members comply with these bylaws, individual infringement fines may be applied in line with section 12.5. Any behaviour leading to an infringement must be remediated within the enforcement process (section 13). Accrued balances meeting or exceeding a value of $2,500 will be recovered through a debt recovery process and registered with Baycorp.

5. The following are the fines to be applied for incompliant behaviour by members;

   • Penalties for Compliance Breach: Fines are set as;

   • Any breach of section 2.7 of these Bylaws (Signs and Placards) will incur an initial fine of $1,000 and a recurring fine of $100/day after that until the breach has been remedied and compliance with the Bylaws for this breach  is restored; or

   • All other breaches of these Bylaws (with the exception of section 2.7) will incur an initial fine of $200, and a recurring fine of $1OD/day after that until the breach has been remedied, and compliance with the Bylaws for this breach is restored.

 

ENFORCEMENT PROCESS

 

1. It is not the Association's wish to apply fines for breaches of the Bylaws, and where breaches have occurred, the Manager will give consideration to the following guidelines before exercising the authority to apply fines;

   • the effect of that breach will be assessed; and

   • the deliberate intention or gross negligence of the member to commit that breach.

2. In general, the manager will first seek to gain compliance through verbal requests. If then necessary, by way of a written request for compliance. Should a breach still be outstanding or to occur regularly, then after giving consideration to clause 13.1, a fine may be applied.

 

 

If you wish to speak with the KPRA manager about in matters relating to any matter pertaining to these rules, please complete the following message request. 

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