LSA Board Policy on Bylaw Enforcement
Statement of Basic Policy: Article VII, Section 11 of the Association’s Bylaws empowers the Board to receive grievances from the Association membership and act upon their complaints in the best interest of the Association. The Board relies on the membership to report bylaw violations and does not routinely survey the neighborhood to identify compliance concerns. The Board also has the authority to exercise discretion to initiate action to ensure bylaw compliance, including, but not limited to:
- Violations of ACC provisions (Article VIII)
- When essential or critical standards are involved such as safety or preserving the quality of life of a private lake neighborhood. Enforcement of the bylaw on maximum watercraft, dealing with issues of significant litter, and ensuring that only association members access the lake are examples falling under this category.
- Ensuring consistency with past enforcement efforts such as the ban on outbuildings.
The examples enumerated above are not intended to nor limit the Board from taking action to enforce the bylaws, as it determines necessary and in the best interest of the Association.
General Principles: While enforcing the bylaws, the Board takes into consideration the following factors:
- Residents are obliged to adhere to the terms of the bylaws.
- The Board acts in the interest of the Association.
- Individuals may initiate legal action on their own behalf to enforce perceived violations of the bylaws, the restrictions and covenants imposed upon the lots in their subdivisions, or to abate a perceived nuisance.
- The Board does not intervene in interpersonal disputes; it is not appropriate for residents to utilize the bylaw complaint process as a vehicle for resolving interpersonal conflict.
- In situations where governmental law, ordinance, regulations, etc. overlap with bylaw provisions, residents are expected to address their concerns to the established governmental agencies or bodies responsible for enforcement; the Board will not take action in these situations unless, in its discretion, one of the factors described in Basic Policy above, is involved.
- The Board will provide written notice to residents of bylaw violations. The Board’s goal is to obtain voluntary compliance with the bylaws but will issue fines and initiate legal action if this becomes necessary.
- Residents are required to utilize the grievance procedure on the LSA website to report bylaw violations.
- Upon receipt of a properly filed grievance, the Board will (1) consider the grievance, interpret the Bylaw if necessary and if determined to be a Bylaw violation, (2) take action it deems appropriate to enforce the Bylaw.
posted: 10/07/2020
Lake Shannon Association Bylaws
Click on the file below for the current bylaws as approved at the June 6, 2018 General Membership Meeting.
Please contact any board member if you have any questions.
shnbl_oct2018_js.pdf | |
File Size: | 379 kb |
File Type: |
Bylaw Concerns or Questions
Download the file below if you have a concern or an inquiry about a potential bylaw non-compliance.
Please complete the form and submit it to any Board member for review at the next Board Meeting.
Please complete the form and submit it to any Board member for review at the next Board Meeting.
021512_lsa_bylaw_concern_process_v2.pdf | |
File Size: | 68 kb |
File Type: |