Rules Violation Policy
February, 2009

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Upon receipt, by the Board of Directors, of a written complaint alleging violation of any of the Restrictive Covenants contained in the Declaration, by-laws or rules as herein established or hereafter established or adopted by the Board of Directors, the Board of Directors, shall make a determination as to the validity of the complaint. The Board of Directors has the discretion to act on any complaint received in any form.

If, in their determination, the complaint is valid and justified, the Board of Directors or its managing agent they shall send written notice of such violation to the violator by certified mail. The homeowner will have three (3) business days to correct the violation from receipt of notice. If the violation is not corrected or eliminated within a period of three business (3) days from the receipt of such notice, fines start to accrue on the next calendar day at $50 per day. Such a fine is to be considered an additional Assessment upon the Member and shall be treated as such regarding late penalties and lien upon the property as elsewhere provided in the Declaration of Covenants, Restrictions and Easements in the Preserve at Somers Homeowners Association Offering Circular.

If the violation results in a loss of or damage to property classified as a Common area, the Board of Directors may have said loss or damage repaired or replaced and assess such cost to the violator. Each day of a violation shall be deemed to be a separate violation.

If the unpaid fines accrue to $1,500 then legal action may be commenced to collect the fines and any legal fees expended by the Board of Directors.

Any Member who disagrees with the finding of a violation, the imposition of any assessment or any other action pursuant to this policy, shall have the right to appeal said action to the Board of Directors, in writing, within ten (10) business days after receiving written notice of the violation or Board action. The Member in question shall be required to take the corrective action or pay the assessment being protested, which payment will be without prejudice to the rights of said Member in the appeal. The Board of Directors shall not consider any appeal or protest unless the member in question pays the assessment and/or takes the required corrective action. The Board of Directors shall have the sole authority to waive this requirement in an appropriate case. The Board of Directors shall consider the appeal at the earliest possible time and render a written decision to the Member.