VII. Violations of the Declaration (Revised 04/09)

1. Reports of Violations of the Declaration of Reservations by any member of the NPOA must be submitted via a  "Complaint Form" in writing at the Association office for the Committee's investigation and review.  A photo of the violation must accompany the Complaint Application.  Complaints are confidential.  Anonymous complaints are not accepted.  
2. All reported violations shall be investigated by the NCOA.  If good grounds are found to support the determination of a violation, a letter will be mailed to the violating party.  The applicable portion of the DoR will be included with the letter.  The violating property owner must cure the violation in 30 calendar days.  
3. The violator or his/her agent may present any mitigating circumstances and ask that the violation be waived.
4. If the violation is not corrected within thirty calendar days or if the violator has not provided acceptable evidence of mitigating circumstances, a second letter will be mailed via "U.S. Postal Service Confirmation Delivery".  If, after 15 calendar days, the violation is still not corrected, or if the violator has not provided acceptable evidence of mitigating circumstances, a third letter will be mailed via "U.S. Postal Service Confirmation Delivery".  This third and final letter will be a notice of referral to an attorney.  The violating party will be given 7 calendar days to respond.  
5. If the violation is not corrected within the 7 calendar days, the Committee will refer the matter to the NPOA Board of Directors who may direct its legal counsel to prepare and file a lien against the property and file a lawsuit to enforce the lien by court order.  All fines and related costs, including but not limited to attorney's fees, must be paid by the violator, regardless of whether a lien is recorded and/or whether a lawsuit is filed.     
6. A daily fine may be imposed for non-compliance beginning with the date of the second letter
7. If the violation is determined to be one which will cause immediate or irreparable damage to the community, or is a repeat violation, the Committee may expedite this procedure, eliminating any of the above steps.
8. Except for the NPOA and the NCOA, which may be the Complainant, the Complainant must be personally, significantly affected by the violation. 

9. Liens and Notices of Violation will not be released until the violation is permanently eliminated and the NPOA and the NCOA are reimbursed for all expenses, fines, attorney fees, recording fees and court costs incurred to cause the violation to be eliminated.  

10. A permit associated with a violation will only be valid for 6 months from date of approval.

VIII. Appeals Process (Revised 3/03)

Appeal Committee:

1. Request for Committee Appeal
   If an NPOA member wishes to appeal a subjective or aesthetic decision made by the NCOA, the member must first submit a written application of appeal to the NPOA Board.  This written application must include a $100.00 (Rev 9/1/07) non-refundable processing fee and present the reasons why the appeal should be considered.  Appeals received by the first of the month will be considered by the NPOA during that month.
   
   If, after a detailed review, the NPOA Board finds no merit in the appeal application, the application will be returned to the member stating that after a careful review the NPOA Board does not feel that it was appropriate to call for a meeting of the Appeal Committee. If the Board finds, by majority vote of those present, that the Appeal Committee should consider the application, the NPOA will call for a meeting of the Appeal Committee to consider the appeal.  This special Committee, The Appeal Committee, will consist of all NCOA Committee Members and all NPOA Board Memebers.
   
   The appealing NPOA member will be invited to attend the meeting to personally present the case to the Appeal Committee, either verbally and/or in writing, with any supporting documentation.  Upon completion of the appeal presentation, the appealing member will be excused from the meeting.  Attendance by the appealing member is not mandatory and the Committee will be free to act on written documentation.
   
   The Appeal Committee will then make a decision by majority vote of those present whether or not to reverse the decision made by the NCOA and notify the member in writing of the decision.

Arbitration Procedures

1. Requests for arbitration
   A property owner who disagrees with the decision of the Committee of Architecture and/or the Appeals Committee regarding his particular lot or parcel, has a right to submit the Committee of Architecture's decision to arbitration.  The request for arbitration must be made in writing to the Committee of Architecture within 15 days of the date of the decision against which an appeal is being made.  Within 10 days of such notice, the property owner shall appoint an arbiter and inform the Committee of Architecture in writing of the appointment.  Within 10 days thereof, the Committee of Architecture shall appoint an arbiter.  The two appointed arbiters will, within ten days of their appointment, select a third arbiter.  The three arbiters shall be registered under the laws of the State of Arizona and may not be a party to the appeal nor have any other interest in the outcome of the appeal.  The three arbiters shall serve as an arbitration board to review the decision of the Committee of Architecture and the majority decision of the three arbiters shall be final and binding upon both the appealing property owner and the Committee of Architecture.  Each party shall pay for the services of the arbiter selected by each respective party, and the fees of the third arbiter shall be paid by the party against whom the award is made.
2. Posting of the Arbitration Appeal Fee
   When written notice of a property owner's appeal to arbitration is submitted to the Committee of Architecture, the appellant shall post a fee of $1000.00 (Rev 9/1/07).  This amount shall be held by the Committee and refunded to the appellant if the arbitration award is in favor of the appellant.

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