572 Sweet Birch Park Lane, Black MTN

Page 1


Property Address/Description:

572 SWEET BIRCH PARK LN, BLACK MTN, NC, 28711

Owner’s Name(s):

North Carolina law N.C.G.S. 47E requires residential property owners to complete this Disclosure Statement and provide it to the buyer prior to any ofer to purchase. There are limited exemptions for completing the form, such as new home construction that has never been occupied. Owners are advised to seek legal advice if they believe they are entitled to one of the limited exemptions contained in N.C.G.S. 47E-2.

An owner is required to provide a response to every question by selecting Yes (Y), No (N), No Representation (NR), or Not Applicable (NA). An owner is not required to disclose any of the material facts that have a NR option, even if they have knowledge of them. However, failure to disclose latent (hidden) defects may result in civil liability. The disclosures made in this Disclosure Statement are those of the owner(s), not the owner’s broker.

◦ If an owner selects Y or N, the owner is only obligated to disclose information about which they have actual knowledge. If an owner selects Y in response to any question about a problem, the owner must provide a written explanation or attach a report from an attorney, engineer, contractor, pest control operator, or other expert or public agency describing it.

◦ If an owner selects N, the owner has no actual knowledge of the topic of the question, including any problem. If the owner selects N and the owner knows there is a problem or that the owner’s answer is not correct, the owner may be liable for making an intentional misstatement.

◦ If an owner selects NR, it could mean that the owner (1) has knowledge of an issue and chooses not to disclose it; or (2) simply does not know.

◦ If an owner selects NA, it means the property does not contain a particular item or feature.

For purposes of completing this Disclosure Statement: “Dwelling” means any structure intended for human habitation, “Property” means any structure intended for human habitation and the tract of land, and “Not Applicable” means the item does not apply to the property or exist on the property.

OWNERS: The owner must give a completed and signed Disclosure Statement to the buyer no later than the time the buyer makes an ofer to purchase property. If the owner does not, the buyer can, under certain conditions, cancel any resulting contract. An owner is responsible for completing and delivering the Disclosure Statement to the buyer even if the owner is represented in the sale of the property by a licensed real estate broker and the broker must disclose any material facts about the property that the broker knows or reasonably should know, regardless of the owner’s response.

The owner should keep a copy signed by the buyer for their records. If something happens to make the Disclosure Statement incorrect or inaccurate (for example, the roof begins to leak), the owner must promptly give the buyer an updated Disclosure Statement or correct the problem. Note that some issues, even if repaired, such as structural issues and fre damage, remain material facts and must be disclosed by a broker even after repairs are made.

BUYERS: The owner’s responses contained in this Disclosure Statement are not a warranty and should not be a substitute for conducting a careful and independent evaluation of the property. Buyers are strongly encouraged to:

• Carefully review the entire Disclosure Statement.

• Obtain their own inspections from a licensed home inspector and/or other professional. DO NOT assume that an answer of N or NR is a guarantee of no defect. If an owner selects N, that means the owner has no actual knowledge of any defects. It does not mean that a defect does not exist. If an owner selects NR, it could mean the owner (1) has knowledge of an issue and chooses not to disclose it, or (2) simply does not know

BROKERS: A licensed real estate broker shall furnish their seller-client with a Disclosure Statement for the seller to complete in connection with the transaction. A broker shall obtain a completed copy of the Disclosure Statement and provide it to their buyer-client to review and sign. All brokers shall (1) review the completed Disclosure Statement to ensure the seller responded to all questions, (2) take reasonable steps to disclose material facts about the property that the broker knows or reasonably should know regardless of the owner’s responses or representations, and (3) explain to the buyer that this Disclosure Statement does not replace an inspection and encourage the buyer to protect their interests by having the property fully examined to the buyer ’s satisfaction.

• Brokers are NOT permitted to complete this Disclosure Statement on behalf of their seller-clients.

• Brokers who own the property may select NR in this Disclosure Statement but are obligated to disclose material facts they know or reasonably should know about the property.

Buyer Initials Owner Initials

Buyer Initials Owner Initials

SECTION A.

A1. Is the property currently owner-occupied?

Date owner acquired the property:

If not owner-occupied, how long has it been since the owner occupied the property?

A2. In what year was the dwelling constructed?

Moving 5/17/25

A3. Have there been any structural additions or other structural or mechanical changes to the dwelling(s)?

A4. The dwelling’s exterior walls are made of what type of material? (Check all that apply)

Brick Veneer Vinyl Stone Fiber Cement Synthetic Stucco Composition/Hardboard Concrete Aluminum Wood Asbestos Other:

A5. In what year was the dwelling’s roof covering installed?

A6. Is there a leakage or other problem with the dwelling’s roof or related existing damage?

A7. Is there water seepage, leakage, dampness, or standing water in the dwelling’s basement, crawl space, or slab?

A8. Is there an infestation present in the dwelling or damage from past infestations of wood destroying insects or organisms that has not been repaired?

A9. Is there a problem, malfunction, or defect with the dwelling’s:

Foundation Windows

Attached Garage Slab Doors Fireplace/Chimney

Patio Ceilings

Floors Deck

Interior/Exterior Walls

Other:

Explanations for questions in Section A (identify the specifc question for each explanation):

SECTION B. HVAC/ELECTRICAL 11/17/2023

B1. Is there a problem, malfunction, or defect with the dwelling’s electrical system (outlets, wiring, panels, switches, fxtures, generator, etc.)?

B2. Is there a problem, malfunction, or defect with the dwelling’s heating and/or air conditioning?

B3. What is the dwelling’s heat source? (Check all that apply; indicate the year of each system manufacture)

Furnace [ # of units] Year:

Heat Pump [ # of units] Year:

Baseboard [ # of bedrooms with units] Year: Other: Year:

B4. What is the dwelling’s cooling source? (Check all that apply; indicate the year of each system manufacture)

Central Forced Air: Year: Wall/Windows Unit(s): Year:

B5. What is the dwelling’s fuel source? (Check all that apply) Electricity

Explanations for questions in Section B (identify the specifc question for each explanation):

SECTION C. PLUMBING/WATER SUPPLY/SEWER/SEPTIC

C1. What is the dwelling’s water supply source? (Check all that apply)

City/County Shared well Community System Private well

If the dwelling’s water supply source is supplied by a private well, identify whether the private well has been tested for: (Check all that apply).

Quality Pressure Quantity

If the dwelling’s water source is supplied by a private well, what was the date of the last water quality/quantity test?

C2. The dwelling’s water pipes are made of what type of material? (Check all that apply)

C3. What is the dwelling’s water heater fuel source? (Check all that apply; indicate the year of each system manufacture)

Other: Year: 2023 2023

C4. What is the dwelling’s sewage disposal system? (Check all that apply)

Septic tank with pump Community system Septic tank Drip system Connected to City/County System City/County system available Other:

Straight pipe (wastewater does not go into a septic or other sewer system) *Note: Use of this type of system violates State Law.

If the dwelling is serviced by a septic system, how many bedrooms are allowed by the septic system permit? No Records Available

Date the septic system was last pumped:

C5. Is there a problem, malfunction, or defect with the dwelling’s:

Septic system Plumbing system (pipes, fxtures, water heater, etc.)

Sewer system Water supply (water quality, quantity, or pressure)

Explanations for questions in Section C (identify the specifc question for each explanation):

SECTION D. FIXTURES/APPLIANCES

D1. Is the dwelling equipped with an elevator system? If yes, when was it last inspected?

Date of last maintenance service:

D2. Is there a problem, malfunction, or defect with the dwelling’s:

Attic fan, exhaust fan, ceiling fan

Elevator system or component

Appliances to be conveyed

Explanations for questions in Section D (identify the specifc question for each explanation):

SECTION E. LAND/ZONING

E1. Is there a problem, malfunction, or defect with the drainage, grading, or soil stability of the property?

E2. Is the property in violation of any local zoning ordinances, restrictive covenants, or local land-use restrictions (including setback requirements?)

E3. Is the property in violation of any building codes (including the failure to obtain required permits for room additions or other changes/improvements)?

E4. Is the property subject to any utility or other easements, shared driveways, party walls, encroachments from or on adjacent property, or other land use restrictions?

E5. Does the property abut or adjoin any private road(s) or street(s)?

E6. If there is a private road or street adjoining the property, are there any owners’ association or maintenance agreements dealing with the maintenance of the road or street? NA

Explanations for questions in Section E (identify the specifc question for each explanation):

SECTION F. ENVIRONMENTAL/FLOODING

F1. Is there hazardous or toxic substance, material, or product (such as asbestos, formaldehyde, radon gas, methane gas, lead-based paint) that exceed government safety standards located on or which otherwise afect the property?

F2. Is there an environmental monitoring or mitigation device or system located on the property?

F3. Is there debris (whether buried or covered), an underground storage tank, or an environmentally hazardous condition (such as contaminated soil or water or other environmental contamination) located on or which otherwise afect the property?

F4. Is there any noise, odor, smoke, etc., from commercial, industrial, or military sources that afects the property?

F5. Is the property located in a federal or other designated food hazard zone?

F6. Has the property experienced damage due to fooding, water seepage, or pooled water attributable to a natural event such as heavy rainfall, coastal storm surge, tidal inundation, or river overfow?

F7. Have you ever fled a claim for food damage to the property with any insurance provider, including the National Flood Insurance Program?

F8. Is there a current food insurance policy covering the property?

F9. Have you received assistance from FEMA, U.S. Small Business Administration, or any other federal disaster food assistance for food damage to the property?

F10. Is there a food or FEMA elevation certifcate for the property?

NOTE: An existing food insurance policy may be assignable to a buyer at a lesser premium than a new policy. For properties that have received disaster assistance, the requirement to obtain food insurance passes down to all future owners. Failure to obtain food insurance can result in an owner being ineligible for future assistance.

Explanations for questions in Section F (identify the specifc question for each explanation):

SECTION G. MISCELLANEOUS

G1. Is the property subject to any lawsuits, foreclosures, bankruptcy, judgments, tax liens, proposed assessments, mechanics’ liens, materialmens’ liens, or notices from any governmental agency that could afect title to the property?

G2. Is the property subject to a lease or rental agreement?

G3. Is the property subject to covenants, conditions, or restrictions or to governing documents separate from an owners’ association that impose various mandatory covenants, conditions, and or restrictions upon the lot or unit?

Explanations for question in Section G (identify the specifc question for each explanation):

SECTION H. OWNERS’ ASSOCIATION DISCLOSURE

If you answer ‘Yes’ to question H1, you must complete the remaining questions in Section H. If you answered ‘No’ or ‘No Representation’ to question H1, you do not need to answer the remaining questions in Section H.

H1. Is the property subject to regulation by one or more owners’ association(s) including, but not limited to, obligations to pay regular assessments or dues and special assessments?

If “yes,” please provide the information requested below as to each owners’ association to which the property is subject [insert N/A into any blank that does not apply]:

a. (specify name) whose regular assessments (“dues”) are

$ per .

Sweet Birch Commons Prop Own Assoc 100.00 month

The name, address, telephone number, and website of the president of the owners’ association or the association manager are:

President of the HOA: Arlene Truinchak 732-672-6224

b. (specify name) whose regular assessments (“dues”) are $ per _____________________ .

The name, address, telephone number, and website of the president of the owners’ association or the association manager are:

Baldwin Real Estate Inc Sweet Birch Com Prop Own Assoc (828) 684-3400

c. Are there any changes to dues, fees, or special assessment which have been duly approved and to which the lot is subject?

If “yes,” state the nature and amount of the dues, fees, or special assessments to which the property is subject:

H2. Is there any fee charged by the association or by the association’s management company in connection with the conveyance or transfer of the lot or property to a new owner?

If “yes,” state the amount of the fees:

H3. Is there any unsatisfed judgment against, pending lawsuit, or existing or alleged violation of the association’s governing documents involving the property? If “yes,” state the nature of each pending lawsuit, unsatisfed judgment, or existing or alleged violation:

H4. Is there any unsatisfed judgment or pending lawsuits against the association? If “yes,” state the nature of each unsatisfed judgment or pending lawsuit:

Explanations for questions in Section H (identify the specifc question for each explanation):

Owner(s) acknowledge(s) having reviewed this Disclosure Statement before signing and that all information is true and correct to the best of their knowledge as of the date signed.

David R. Allen

Owner Signature: Date

Allen

Owner Signature: Date

dotloop verified 05/20/25 8:28 PM EDT ZDCZ-2PHG-Q3XF-HOZF 05/20/2025

Buyers(s) acknowledge(s) receipt of a copy of this Disclosure Statement and that they have reviewed it before signing.

Buyer Signature: Date

Buyer Signature: Date

Donna

Buncombe County Assessment Property Record Search

Buncombe County Assessment Property Record Search

Buncombe County Assessment Property Record Search

Buncombe County Assessment Property Record Search 061921324000000

572 SWEET BIRCH PARK LN

ALLEN DONNA, ALLEN DAVID 572 SWEET BIRCH PARK LN, BLACK MTN, NC, 28711

Zoning - Neighborhood SBCM

Land Use Code TOWNHOME Municipality CBM

Fire District - Special District -

Present Use - Improvement -

Appraisal Area James Dillingham 828-250-4996 james.dillingham@buncombecounty.org

Exemption -

Legal Description Deed date: 2023-11-17 Deed: 6366-342 SubDiv: SWEET BIRCH COMMONS Block: Lot: 34 Section: Plat: 02380180

Plat Reference 238-180

$403,900 Income Approach No ASSESSMENT DETAILS

https://prc-buncombe.spatialest.com/#/property/061921324000000/print

Please conarm that the information below is correct for all buildings, via the ‘Con]rm property record card data is correct’ button. If any of the information is incorrect on any building please report the changes via the ‘I want to update my property record’ button for the building that needs to be updated.

Conarm Property Record Card Data is correct. BUILDING (1)

PERMIT DATE PERMIT TYPE PERMIT STATUS

https://prc-buncombe.spatialest.com/#/property/061921324000000/print No items to display No recent appeal information

APPEALS APPEALS APPEALS

LIVING AREA

Main Level - 839 SF

Upper Level - 1113 SF

Total HLA - 1952 SF

Garage - 417 SF

Covered Porch - 222 SF

Main Level (Interior)

* Square footage determined by exterior measurements*

“TOTAL” calculated by ArcSite software *MEASUREMENTS ARE ROUNDED

*All measurements are approximate and should be independently verified*

LIVING AREA

Main Level - 839 SF

Upper Level - 1113 SF

Total HLA - 1952 SF

Garage - 417 SF

Covered Porch - 222 SF

Upper Level (Interior)

* Square footage determined by exterior measurements*

calculated by ArcSite software *MEASUREMENTS ARE ROUNDED

*All measurements are approximate and should be independently verified*

LIVING AREA

Main Level - 839 SF

Upper Level - 1113 SF

Total HLA - 1952 SF

Garage - 417 SF

Covered Porch - 222 SF

Building Sketch (Exterior)

* Square footage determined by exterior measurements*

“TOTAL” calculated by ArcSite software

*MEASUREMENTS ARE ROUNDED

*All measurements are approximate and should be independently verified*

(828) 250-4910

If your taxes are escrowed as part of your mortgage, your tax bill information will be made available to your mortgage provider. This copy is for your records.

Office Hours: 8 a.m.-5 p.m., Monday-Friday Collections: (828) 250-4910

Personal Property: (828) 250-4920

Business Personal Property: (828) 250-4930

Real Estate: (828) 250-4940

Land Records: (828) 250-4970 Exemptions & Exclusions: (828) 250-4915

(NOTE: Do not complete ifyou changed your address with the Post Ofce.)

ADDRESS CHANGE:-------------

EMAIL:-------------

PHONE: ______________

ADDITIONAL PAYMENT OPTIONS

By mail: Detach and enclose the payment coupon in the envelope provided. Be sure to include the bill number on your check and any additional correspondence.

In person: Buncombe County Tax Collections 182 College St, Asheville, NC

Drop-box: 35 Woodfin Street, Asheville, on the driver's side as you exit the driveway. Walk-up drop-box at the entrance of our office at 182 College St, Asheville. Both drop-boxes are available after hours.

Payment services through your bank: Be sure to reference your current bill number for accurate credit.

Payment plans: Call and talk with one of our representatives to set up monthly payment drafts from your banking account.

I you are curently in bankruptcy, please contact our ofce, (828) 250-910.

David R. Allen and Donna Allen

David R. Allen

Donna Allen

dotloop verified 05/20/25 8:57 PM EDT EUQ2-4WC7-U8VH-TTBW

dotloop verified 05/20/25 8:45 PM EDT Q55Q-NU43-EV5A-8DJA

572 SWEET BIRCH PARK LN, BLACK MTN, NC, 28711

SWEET BIRCH COMMONS

RULES & REGULATIONS

Adopted by the Sweet Birch Commons Board of Directors: February 2024

RULES & REGULATIONS

Animals

1. Pets are limited to four (4) domesticated pets per household. Small household pets such as caged birds and fish may be kept at a reasonable number so long as there is no external evidence of their presence in the community.

2. Owners are responsible for any damage caused to their property, common areas, or neighboring properties by their pet or their guests' pets. All pets must be on a leash and under the direct control of their owner when in common areas. No pet is permitted to roam in the common areas.

3. Pet owners must pick up after their pets on all common areas. Pet waste must be disposed of in the pet owners trash bin and may not be left on any common area or in any other resident’s trash bin.

4. Animals may not be raised, bred or kept for any commercial purposes.

5. Any person bringing an animal upon or keeping an animal in the community shall be liable pursuant to the laws of the State of North Carolina to each and all persons for any injury or damage to persons or property caused by such animal.

6. The HOA, acting through the Board of Directors, may prohibit any animal that, in its opinion, constitutes a danger or nuisance to other owners. Loud or frequent noise and/or barking may constitute a nuisance.

Antennas

No antennas, satellite dishes, or the like may be installed on any part of the Common Property, or upon any roof, building exterior, or in any yard, without written approval by the Architectural Review Committee (“ARC”).

Barbecue Area

1. The barbecue area is for the enjoyment of all Owners and may not be reserved.

2. When using the barbecue, the grill should be sprayed with cooking spray to help keep any food from sticking to the grill. Use a grill brush to clean the grill before and after each use. The barbecue is used by all Owners and should be free of any food or food scraps, so the next Owner is able to use this community amenity.

3. The barbecue area is to be cleaned before leaving the area and all trash must be removed and disposed of in the owners’ household trash. All users are to insure there is no trash left in the barbecue area as doing so will attract unwanted animals and vermin.

4. Glass containers and glass objects are not permitted in the barbecue area.

5. The grill is to be used at the owners risk; any person using the grill assumes all risk of loss or injury. The HOA is not liable for any damages or injuries caused while operating the grill.

Clubhouse

1. The Clubhouse is for the use of all Owners and their guests.

2. Any persons or groups using the Clubhouse shall clear and remove all trash from the Clubhouse at the end of their event.

3. Any Owner in good standing may use the Clubhouse for private events. Use of the Clubhouse for private events is on a first come, first served basis. Reservation of the Clubhouse shall require a written application to the Property Manager and advance payment of a cleaning fee. Payment of the cleaning fee shall not relieve the Owner of the obligation to remove all trash from the Clubhouse at the end of their event.

4. After using the Clubhouse furniture, place all furniture back in its original location.

5. No Clubhouse furniture or Clubhouse patio furniture may be removed from the Clubhouse areas.

6. No animals are permitted inside the Clubhouse. Certified service dogs are permitted in the clubhouse but must, at all times, be under the control of the owner and may not be permitted to cause a disturbance to other persons in the clubhouse.

7. Owners using the Clubhouse patio shall be considerate of neighboring residents and keep any music or noise to a minimum.

Common Areas

1. No Owner may place or store anything on any portion of the common areas.

2. Any proposed installation of or changes to common area landscaping must be approved by both the ARC and the Board.

3. No rubbish, trash, garbage, or other waste material shall be kept or permitted on any portion of the common area.

Holiday Decorations

1. All decorations are permitted up to 15 days prior to the holiday and must be removed within 7 days after the holiday. The acceptable time frame for winter holiday decorations is from the day after Thanksgiving until January 10.

2. No Owner may place holiday decorations in the Common Areas or on HOA structures or landscape without the written approval of the ARC and the Board.

3. Owners should be considerate of neighbors when decorating for the holidays.

Nuisances

1. Owners and residents shall not cause or permit noises to be made in or outside of their home or in the common area, which interfere with the peace and quiet of other residents.

2. No clothing or household fabrics shall be hung, aired, or dried on any exterior portion of any townhouse. No exterior clothes lines of any type are permitted.

3. When work is being performed in an individual’s home by the Owner, contractor, or by a tradesman, clean-up of the affected common area is required. The cleanup is the responsibility of the Owner. If such clean-up is not performed as required and must be done by the HOA, the Owner may be assessed clean-up cost as determined by the Board after notice.

Rental of Residence

An Owner shall be entitled to rent the Owner’s entire residence (but not a portion thereof) for a term of not less than seven (7) days. The Owner shall be responsible for all actions of the lessee/tenant and subject to the following guidelines:

1. All Owners who rent their residences shall submit the names and contact information, including telephone number, for their tenants to the HOA Property Management Company.

2. Any rental or leasing agreement shall be in writing, shall provide that the lease or rental is subject to the Governing Documents (CCRs, Bylaws, and Articles of Incorporation, and these Rules & Regulations) of the HOA and shall provide that any failure to comply with any provision of the Governing Documents shall be a default under the terms of the lease agreement. A copy of the lease agreement shall be provided to the Property Management Company.

3. A copy of the Governing Document shall be provided by the Owner to each tenant or lessee. The leasing Owner shall, at all times, be responsible for their tenant’s or lessee’s compliance with all Governing Documents of the HOA. The HOA will not act as intermediary between an Owner and their tenant or lessee.

4. Use privileges for amenities, HOA Property and Common Areas transfers to the lessee or Tenant. An Owner shall have no personal use privileges upon leasing their residence.

5. No residence shall be rented for hotel, motel, AirBNB, or transient purposes or for any other purpose inconsistent with the Governing Documents.

Residential/Commercial Activity

No home shall be occupied and used except for residential purposes by the Owners, their tenants, and social guests, and no trade or business shall be conducted therein.

This provision is not meant to preclude an Owner from maintaining a home office or business, provided:

1. there is no external evidence of the activity or business; including an increase in vehicle traffic;

2. The home is not used for public sales or instructional classes;

3. The business or activity does not increase the liability or casualty insurance obligation or premium of the HOA;

4. The existence or operation of such activities is not apparent or detectable by sight, sound, or smell from outside the boundaries of the home; and

5. No hazardous materials or activity shall be maintained in the home.

Signs

1. One (1) sign of reasonable size, advertising the home for sale or lease is permitted.

2. After a property has closed escrow, the sign must be removed within fifteen (15) days.

3. Signs must be placed on the Owners property; no signs, including directional signs, are permitted in Common areas.

Smoking

1. Smoking is prohibited in the Common areas. This includes, but is not limited to the mailbox area, Clubhouse interior and patio.

2. Smoking shall be defined as the carrying or holding of a lighted pipe, cigar, cigarette, vape, or other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or other combustible substance. Smoking includes the emitting or exhaling of the fumes of any lighted pipe, cigar, cigarette, vape, or other lighted smoking product or electronic or electric smoking device used to burn any tobacco products, weed, plant, or other combustible substance.

3. No person shall dispose of any cigarette, cigar, tobacco, or any part of a cigarette or cigar in any place where smoking is prohibited or in any common area.

Vehicles

1. Owners, residents and their guests assume all risks of loss or injury when parking anywhere on the Sweet Birch Commons property.

2. No recreational vehicles or equipment, including, but not limited to, a motorboat, houseboat or other similar water-borne vehicle, or any motor

home or camper vehicle, may be maintained, kept, or stored on any portion of any home or any common area.

3. Trucks with tonnage in excess of three-fourths (3/4) ton shall not be permitted to park overnight on any location within Sweet Birch Commons.

4. No vehicle of any size that transports inflammatory or explosive cargo may be kept within the Sweet Birch Commons property.

5. Vehicles that are not in operating condition may not be stored on any home property unless stored in an enclosed garage.

6. No resident parking shall be permitted on the lawn or other grassed areas of any property, or in the parking lot adjacent to the Clubhouse.

ENFORCEMENT POLICY

In accordance with a management agreement between the Association and the managing Agent, routine enforcement of these Rules and Regulations shall be the responsibility of The Association and the Managing Agent. The Board of Directors shall have full responsibility to implement and apply the Rules and Regulations in accordance with established procedures and assistance of the Managing Agent.

1. Notice of Violation. A letter will be sent via first-class U.S. mail or email delivery if an owner has elected to receive email notices, to the Owner of the residence. The letter shall include (a) the alleged violation; (b) the provision of the HOA Governing Documents or Rules & Regulations that were allegedly violated; (c) the date upon which the alleged violation must be cured.

2. Notice of hearing. If the violation is not cured after notice, a Notice of Hearing will be sent via first-class mail or U.S. mail or email delivery if an owner has elected to receive email notices, to the Owner of the Residence.

3. Hearing. On the date and at the time set forth in the Notice of Hearing, the Board of Directors will meet in executive session, regardless of whether the alleged violating member is in attendance, to discuss and evaluate the evidence that has been presented by the complaining party, the alleged violating member (either by written statement or evidence, or personal testimony) and any witnesses. The alleged violating resident shall have an opportunity to review the evidence presented against them and address the Board in their defense. The Board is not required to advise the alleged violating Owner of the name of the complainant.

4. Disciplinary Action. If the Board, after evaluating all the evidence presented finds that a violation has occurred, then the Board may impose disciplinary action against the violating Owner, in accordance with the CCRs and the law.

5. Written Findings. The Board shall provide the Owner with a written notice of its findings and any disciplinary action imposed against the Owner.

6. Legal Action. The Board reserves the right, at any time during the enforcement process, to turn the violation matter over to the HOA’s legal counsel for enforcement via alternative dispute resolution or litigation. Certain violations may result in the immediate filing of a lawsuit if the Board determines litigation is necessary to protect the HOA or other Owners.

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