B.W.E.H.A./DECLARATION, AMENDED AND RESTATED

O.R. 3080 Page 1215


Control and Use Restrictions.   In the event that an Owner of any Lot wishes to appeal a decision of the Architectural Committee; the Owner may do so by submitting, in writing, a request for a Review of Architectural Committee Decision, at least (30) days in advance of a scheduled meeting of the Board of Directors.  

The Owner so requesting must appear in person or by representative, before the Board at the scheduled time, date and location of the Board meeting.

   (q)   Hearing, Fining and Violation Dispute Resolution.   Upon written notice of a complaint regarding any of the provisions of the Amended and Restated Declaration of Covenants, Conditions and Restrictions; the Articles of Incorporation; the Association's By-Laws; or the Rules and Regulations; as may from time to time be amended; the Association's Board of Directors shall be empowered to conduct a hearing;  wherein the evidence of the violation is submitted by testimony and written affidavit.  Upon the completion of all testimony, the Board of Directors shall deliberate to determine if a violation is deemed to have existed.  By a vote of a majority of the Board of Directors, the Board may:

    1.  Reprimand the violator and maintain a copy of the formal reprimand in the Lot Owners file.

    2.  Levy a fine per violation, per day; which fine may be established, from time to time, by the Board of Directors; but must not exceed twenty-five dollars ($25.00) per violation, per day.  The establishment of fines is to be by resolution of the Board of directors and shall be available and published for Lot Owner's perusal.

    3.  Any fines levied in accordance with the aforementioned subsections shall be deemed a "Special Assessment" and collectable in the same manner as "Maintenance Assessments"

ARTICLE VIII

PARTY WALLS

SECTION 1  General Rules of Law to Apply.   In the event of the residential structures constructed upon the Properties have any common wall (such as in the case in "attached" housing), then each wall which is built as part of the original construction of such residences upon the Properties and placed on the dividing line between the Lots shall constitute a party wall (hereinafter "Party Wall"), and, to the extent no inconsistent with the provisions of this Article, the general rules of law regarding party walls and