The purpose of this overview is to help homeowners understand the covenant enforcement process. This information will explain the steps used in achieving covenant compliance in Taberna.
Periodically Building and Grounds Committee members monitor the neighbor and inspect property for covenant and architectural/appearance violations. The Chair of Building and Grounds compiles a list of violations and reports the violations to the Covenants Advocate, the Board member with overall responsibility for violations. Residents of Taberna may also report covenant violations at any time. Residents can report violations by the writing the Board of Directors, Covenants, THOA, 1005 Taberna Circle, New Bern, NC, 28562, by sending an e-mail message to covenantsthoa@gmail.com, or by accessing the Association website at tabernahoa.org and using the "Questions to the Board" section to report violation.
The Covenants Advocate, who is a member of the Board of Directors, views each property for which a covenant violation has been reported. Violations must be visible from streets, the golf course, sidewalks, and common areas. The Advocate visits each lot within one (1) week of being informed about a violation before sending any correspondence to an owner about a violation.
Violations will not be prioritized in any way. In other words, a violation is a violation. All violations will be treated equally. Every violation will be recorded each month on a spreadsheet (Violations Tracking Record) prepared by the Covenants Advocate. The Covenants Advocate will present a summary of violations to the Board at each monthly meeting.
The Covenants Advocate sends a first letter, a “Friendly Reminder” letter, to each lot owner who violates a covenant or regulation. If property is rented through a rental agent, a designated person at the property management company as well as the owner receives the letter. Friendly reminder letters are usually sent by first-class mail to homeowners and/or rental agents. (At the option of the Covenants Advocate, e-mail may be used to send this letter.) The letter will specify what the violation is, and what the Board believes needs to occur in order for the violation to be corrected.
The Covenants Advocate sends a second letter, a “Follow Up” letter, by first-class mail to an owner who has not addressed an outstanding violation. The follow-up letter is merely a courtesy notice to the homeowner and serves as a reminder to correct a violation. The owner is asked to cooperate and address the violation by a specific date in order to avoid a hearing before the Adjudicatory Panel of the Taberna Homeowners Association.
The Covenants Advocate will send a third letter, a “Warning" letter, to the homeowner if a violation is not corrected. Copies of this letter are sent to the President of the Board, the Chair of the Adjudicatory Panel, the Chair of the Building and Grounds Committee, and the Treasurer of the Association. An owner will be given ten (10) days from the date on the third letter to respond about corrective action taken or planned to remedy a violation. This letter is sent as certified mail, return receipt requested.
A fourth letter, the "Adjudicatory Panel" letter, will come from the Chair of the Adjudicatory Panel. Currently, the Adjudicatory Panel consists of three Board approved members and one alternate. The Adjudicatory Panel appointed by the Board is composed of members of the Association who are neither officers of the Association nor members of the Board of Directors.
This fourth letter notifies the owner about a scheduled hearing before the Adjudicatory Panel for an alleged violation of the Taberna Protective Covenants, Rules, Regulations and/or Building Guidelines and Standards. The owner will be given notice of the violation(s), and the date and time of the hearing. This letter will be sent by certified mail, return receipt requested. Copies of the letter will be sent to the Covenants Advocate, the President and Vice-President of the Board of Directors, and members of the Adjudicatory Panel.
At the hearing, the Chair of the Panel will make introductions and explain the purpose of the hearing. The Covenants Advocate will present all documentation (including photos) relating to the violation. The owner will have an opportunity to be heard and to present evidence. The Panel may ask questions of the owner. After discussion, the owner leaves the conference room and the Panel reaches a decision.
The Chair of the Adjudicatory Panel will send a final letter, the "Judgment" letter, to the owner approximately ten (10) days after the hearing. The owner is informed of the Panel's decision via certified mail, return receipt requested. This letter will explain the decision of the Panel and state the amount of any fine. Any owner disagreeing with the finding of the Panel may appeal the decision to the Board of Directors of the Association.
The owner must give written notice of appeal to the President of the Association within fifteen (15) days following receipt of the notice from the Chair of the Adjudicatory Panel. The Board of Directors will review the evidence, hear the appeal, and make a ruling. The Board may affirm, vacate, or modify the prior decision of the Adjudicatory Panel. The owner will be notified of the Board's decision by certified mail, return receipt requested.
