Covenant Compliance Committee (C3) Charter and Operating Procedures 

Purpose:  The C3 serves as an action agency of the Coca Lake Homeowners Association (CLHA) Executive Board.  Its purpose is to identify, validate, document, and follow up on issues of non-adherence / compliance by Coca Lake homeowners to the CLHA covenants.  The spirit of this process is to preserve the attractive appearance of the Coca Lake development and residential property values by encouraging voluntary adherence to the Covenants. 

Membership:  The C3 will consist of not fewer than three (3) persons, (normally 3 to 5 members) appointed annually, to serve for a term of 1 to 3 years.  The normal rotation will replace one to two members annually, depending on the committee strength, so there is committee continuity and expertise concerning the CLHA covenants.  Two members of the C3 will be serving or former members of the CLHA Executive Board, normally volunteers.  Should former or serving Board members be unavailable, or unwilling to serve, the Board may, at its discretion, fill these positions with CLHA members.  To the extent possible, the Executive Board will seek to find committee members living in multiple areas of the subdivision in order to afford the widest representation. 

Operating Procedures:   

Committee Activities / Responsibilities:  Prior to undertaking the activities of the C3, members will be asked to meet briefly with the Executive Board to discuss the operating philosophy for the committee, the CLHA Covenants, and to ask for and receive clarification concerning any covenant issues.  C3 members are asked to observe the general appearance of the community in the course of their normal movement to and from their own property, and to periodically vary their route into and out of the community, to occasionally view subdivision areas which are not proximate to their normal route.  Members are requested to act on their own observations, and also to reports from other residents, to identify situations of possible covenant non-adherence / compliance.  Covenant non-compliance is not limited to properties where homeowners are in residence, but may include homes under construction, vacant homes for sale, or lots being prepared for construction. 

Validation:  When a possible non-adherence / compliance situation has been noted, it will be “validated,” (verified by the observation of two or more members of the C3), and a letter of noncompliance sent to the homeowner, listing realtor, or responsible general contractor.  When possible, the “non-adherence” should be documented by descriptive language and photographed (preferably by digital camera so a picture can be provided to the Executive Board).  The letter of noncompliance will be signed by two members of the CLHA Executive Board and indicate the date and nature of the non-adherence / compliance, the specific section of the Covenants which applies, a requested action / resolution, and a date by which the situation is should be corrected.  Letters should be posted as soon as possible after a non-adherence / compliance has been validated and appropriate Board signatures obtained.  Following the sending of a letter, a member of the Executive Board will be asked to call the homeowner within a week after the letter is mailed, to confirm receipt and answer any questions.  Both the tone of the letter and the phone call should encourage voluntary compliance and seek to avoid conflict with the homeowner.   C3 members will not be asked to, not should they, make any contact with the homeowner.  The purpose of the C3 is identification of the situation, development of the appropriate documentation for sending by the Board, and maintenance of C3 records. 

Records:  The C3 is asked to provide a copy of all letters to the Secretary of the CLHA Executive Board and retain a file of any letters posted, for review at the next board meeting, with any updates on the situation.   

Correction:  When a non-complaint situation has been corrected, a letter of closure will be sent to the homeowner or general contractor thanking them for rectifying the situation.  A copy of this letter will complete the file on each non-adherence / non-complaint situation that ends in satisfactory resolution. 

 Non-Compliance:  In the case of non-compliance, a second letter will be sent, asking the homeowner or general contractor to meet with the Executive Board on a coordinated date, to discuss the matter.  Every effort will be made to persuade the homeowner to comply with the letter and spirit of the Covenants.  In the event that this second effort fails, the Executive Board will meet to consider additional courses of action (e.g. Send a letter notifying the homeowner that should he / she desire to sell their property in the future, the non-compliant situation will be brought to the attention of the listing realtor for resolution prior to sale; In unusual cases, notification of possible legal action to gain compliance).  

Example Non-compliance Situations:  The following are examples of non-adherence or non-compliance situations which would warrant a letter from the C3: