Page 8 - Lake Rules rev11-13-23

4: Appeal Procedure

A Property Owner may appeal to the Appeals Board a violation citation and the

corresponding sanction and fine. The following appeal procedures shall apply to all appeals:
a) An appeal must be commenced by the Property Owner filing a Notice of Appeal with
the Heritage Lake POA business office within ten (10) calendar days of the date the
violation citation issued to the Property Owner. A Notice of Appeal form is
available at the clubhouse office.
b) The Notice of Appeal must be accompanied by the following information:
i. A concise statement describing the factual and legal grounds for the appeal;
ii. A copy of all documents upon which the appellant relies supporting the appeal;

and
iii. The names and contact information of any witness the appellant intends to

have testify in support of the appeal.
c) Appellant will receive notice of the appeal hearing. Failure to appear shall result in
the dismissal of the appeal. Appellant is entitled to one (1) continuance of the hearing
date for good cause shown. A written request for a continuance must be delivered to

the clubhouse office not less than forty-eight (48) hours prior to the scheduled hearing
date and time. The request for continuance must state the grounds for the requested
continuance.
d) Appellant shall have the right to call disclosed witnesses and present documentary
evidence at the appeal hearing. Appellant shall also have the right to cross-examine a
witness testifying in support of affirming the violation citation. Appellant shall have
the right to be represented by an attorney at the appeals hearing.
e) The Appeals Board shall hear appellant’s appeal. An affirmative vote of not less than

seventy- five percent (75%) of the Appeals Board members present at the hearing
shall be required to grant the appeal and reverse the violation citation. All decisions
of the Appeals Board shall be considered final and non-appealable. Any fine
affirmed by the Appeals Board shall be paid within seven (7) days of the date of
the of the Appeals Board’s appellate ruling.
f) Appeal hearings shall be open to the Heritage Lake POA members.

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