Revitalization Committee
Guidelines
This committee shall consist of at least one (1) board member and one (1) community member in good standing.
There is a 2-4 year rotating term limit for committee members to create overlap between term limits.
Committee meetings will be held as determined by the Committee, but not less than quarterly. Meetings may be held in person or virtually.
Policy
This committee is responsible for ensuring membership adheres to the Lake Hollybrook, Inc. Activity Restrictions/ Rules of Use and Conduct as recorded in the Owen County, Indiana Recorder’s office in order to maintain the property values of all membership.
All members of Lake Hollybrook Inc. will be held to these standards and notified when violations are verified. Discovery of such violations will be documented by committee actions and a violation report will be presented to the Board of Directors for approval. As stated in the Activity Restrictions/ Rules of Use and Conduct, members in violation will have the right to notice and fair hearing as set out in the By-Laws of Lake Hollybrook, Inc. This committee is bound by the rules of confidentiality and right to privacy. Confirmed violators and membership complaints are only to be discussed during Committee meetings and Suspension Hearings. Documentation of confidential information is only to be recorded within the committee action records. Committee actions, records, and membership complaints are outlined in the procedure below.
Procedure
Committee Actions:
Revitalization Committee Meetings will consist of:
1. Coordinate and facilitate community wide property, individual inspections to confirm if prior violations still exist, and or to confirm violations as reported via membership complaints.
2. Review inspection findings from previously conducted inspections if any.
3. Review/investigate complaints and determine actions/recommendations.
4. Review and approve/deny requested extensions.
5. Complete monthly Board of Director report if any confirmed violations exist.
6. Coordinate and implement violation notifications (See Notifications).
7. Coordinate and implement the fair hearing process (as stated in the By-Laws) with the Board of Directors and membership in violation as required.
Record Keeping
Committee Action Records:
The Revitalization Committee will electronically record all violations both approved and unapproved including all activities, investigation, inspection, correspondence, recommendations, notifications, and outcomes. This record will be updated and maintained by each committee per term. This record will be the responsibility of a designated committee member, who is also responsible for transfer of this record once they have completed their term. This record is to be used to ensure consistency in recommended actions and is considered confidential.
Board of Directors Report:
If violations are found, this report will be created and submitted to the Board of Directors for approval at each regular meeting of the board. This report will contain all verified violation information including but not limited too; the violation(s) in question with numbers assigned to identify membership for use in discussion, all applicable information regarding the violation, photos if available/applicable, any extension determinations, and committee recommendations. All recommendations will be reviewed and either approved, denied, or modified by the Board of Directors. It is then the responsibility of the Revitalization Committee to send out the notifications for all approved violations.
Notifications:
An annual notification will be sent to all membership reminding them of the Activity Restrictions/ Rules of Use and Conduct with specific mention of property maintenance requirements (visible violations). This notification will include a deadline of no less than 30 days from date of mailing for completing these actions. It will also consist of instructions for how to request an extension, and any actions that will be taken due to noncompliance.
After the annual notification deadline has expired, a community wide inspection will be coordinated and facilitated by this committee in which all visible violations will be documented for the Board of Directors report. Once approved, a form letter will be used to notify membership of the violation and the required actions as directed by the Board of Directors. This notification will include a timeline for completing these actions, and the scheduled Suspension Hearing date in the event that violations are not completed within the timeline.
For all other violations, a letter will be sent to the member notifying them of the violation. This notification will include any actions required by the member in order to comply with the Activity Restrictions/ Rules of Use and Conduct. This notification will include a timeline for completing these actions, and the scheduled Suspension Hearing date in the event that violations are not completed within the timeline.
Extensions:
The annual notification will include the option to request an extension of time to comply with the Activity Restrictions/ Rules of Use and Conduct for any visible violations. The member requesting the extension must provide all applicable information as to why the extension is required. Extensions will be considered for approval by the committee based upon the extent of work involved, safety concerns, and consistency in decision making based upon the committee action records. This decision is made by the committee and is not subject to Board of Directors approval.
Property Inspections for Visible Violations:
Committee members will only conduct property inspections to verify visible violations. These inspections will include an in person inspection of each property by road, public easements, and/or by water - as access allows. Inspections are to be scheduled for overall property conditions, as required for complaint investigation, and to re-inspect for compliance. Inspections must be conducted in accordance with all state and local laws regarding trespassing and right to privacy. Photos will be taken as verification of any visible violations and are to be included in the Board of Directors report.
Membership Complaint Review:
All of membership are encouraged and able to submit a complaint regardless of membership standing or Board affiliation either by this process or the process outlined within the Lake Hollybrook, Inc. By-Laws.
If by this process, the complaint will be subject to review for verification, and if verified will then become part of the Revitalization Committee, Board of Directors report.
If membership wishes to use this process, complaints regarding possible violations of the Activity Restrictions/ Rules of Use and Conduct are to be submitted directly to the Revitalization Committee by using the drop box at the Club House or via email to revitalization@lakehollybrook.com. Photos of visible violations are encouraged but not required. Complaints must include all applicable information regarding the violation; the name and or address of the member suspected to be in violation and the name and contact information of the complainant. Anonymous complaints will not be considered for investigation. The identity of each complainant is considered confidential, it is only required by the committee for investigation purposes and to document committee actions. Confidential complainant information is not to be shared or discussed outside of this committee.
All complaints determined to be in violation of the Activity Restrictions/ Rules of Use and Conduct will be verified by the committee by investigation and/or inspection. All complaints are to be reviewed by this committee to ensure enough information is present to investigate, and to determine if a violation has in fact occurred. If further information is required, the committee will attempt to contact the complaintant.
Once the complaint is determined to be a violation, the committee will then recommend further action and include their recommendations in the Board of Directors Report for approval.
If a complaint does not meet the requirements of what is considered a “violation,” or if they were unable to investigate due to insufficient information, then a notification will be sent to the complainant to explain their decision. All investigations, recommendations, and correspondence must be documented in the committee action records.
Suspension Hearings:
Member Rights and Responsibilities (Activity Restrictions/ Rules of Use and Conduct): “Each and every present and future owner of Lake Hollybrook Property will be bound by each of the foregoing provisions, specifications, regulations, rules, and restrictions concerning the use and occupancy of property of Lake Hollybrook: Upon failure of any lot owner to comply with any of the foregoing provisions, notice of fair hearing as set out in the By-Laws will ensue. Lake Hollybrook Inc. or any property owner shall have the right at law or in equity to obtain compliance with these restrictions, with costs, charges, interest and attorney’s fees assessed against the non-complying property owner and his/her property.”
As stated in the Lake Hollybrook, Inc. By-Laws under Section 8:
Right of Hearing:
“In all cases of suspension or fines, the membership subject to such action shall be entitled to attend the hearing conducted by the Board of Directors and shall be entitled to present rebuttal and to present matters in support of its position.” The hearing scheduled with the Board of Directors by the Revitalization Committee shall not be open to all membership as to protect the confidentiality of all parties involved. The hearing date scheduled by this committee and included in a notification is subject to cancellation if the member is found to be within compliance prior to this hearing.
Suspension and/or Fines: Rights and privileges of a membership may be suspended for any of the following reasons: “... violation of a restriction of membership activity by any owner of a membership or guest thereof …”
Procedure for Suspension:
1. “A written request for suspension of a membership may be filed with the Board of Directors by any Board Member of the corporation or by the joint petition of ten (10) more memberships.” As this committee must include at least 1 board member, this committee therefore acts as one and is represented by this board member. The Board of Directors Report is therefore considered the “request for suspension” and filed as the “written request.”
2. “The secretary of the corporation shall serve a copy of such complaint with a notice of a hearing date by United States Mail to the membership complained of within five days of receipt of the complaint and shall schedule a hearing for not less than ten days and not more than thirty days thereafter.”
Individual membership by right may choose to bypass the Revitalization Committee process as stated here and file their own written request as noted above, which shall constitute a “complaint.” The filings of the Revitalization Committee are not to be considered as a “complaint” as noted here and therefore are not required to comply with the “within five days of receipt of the complaint and shall schedule a hearing for not less than ten days and not more than thirty days thereafter.” This is due to the process of investigation, inspection, and verification which determines if the complaint is valid and if so, it is then considered a “violation” and reported to the Board of Directors to approve notification and actions.
The Guidelines, Policies, and Procedures of the Revitalization Committee have been structured to create an alternative timeline for the suspension process while understanding the notice and fair hearing requirement as stated within the Activity Restrictions/ Rules of Use and Conduct must be satisfied. This timeline is to provide a longer period of time for membership to correct compliance issues prior to a scheduled hearing. It is the objective of this committee to work together with the members of this community in order to maintain the property values of all membership.