What is the purpose of POA fines?

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The POA Rules and Regulations are enforceable through the issuance of citations or other action. While not all of the rules contain a fine amount or other action, many do. The purpose of fines is not to raise revenue, but rather to establish an appropriate economic penalty for violations.

The rules have evolved over the 40 plus years of Canyon Lake’s history to promote the orderly use of the common facilities, enhancement of the aesthetic environment and similar purposes. If the members are to expect the POA Board of Directors, staff and management of the POA to administer and enforce these rules, then an effective means of deterring that relatively small percentage of people who willfully abuse the rules must be established. Fines have proven to be a useful means of accomplishing that goal.

A violation of any rule or policy may result in a fine, suspension, permit or approval revocation, other disciplinary action and/or legal enforcement action. Disciplinary actions may include, but are not limited to, revocation of privileges to utilize recreational facilities and/or loss of voting privileges.

Members have a right to appeal the citation by attending a hearing at which they face disciplinary action, to be heard by the committee, to present evidence and to confront the evidence against them.

The decision of the committee will be sent by mail within 15 days of the hearing. Members may request an Internal Dispute Resolution per California Civil Code and/or an appeal to the board to dispute a decision of a committee to impose discipline against the member. The basis for the appeal must be stated in writing and should not simply re-argue factual disputes. Appeals to the board must be filed, in writing, with the POA within 15 days of the POA’s sending notice to the member of the decision of the committee.

Although a member has the right to attend the board’s appeal hearing in Executive Session and to be represented by counsel at the member’s expense, appeals will be decided solely upon the review of the written record and of proceedings before the committee unless the appealing member requests in the written appeal to the board the opportunity to offer additional evidence and states the reasons why the evidence now being offered was not presented to committee which initially considered the matter.

The board will not hear additional evidence unless the board finds that a second evidentiary hearing is justified by exceptional circumstances. The member appealing to the board has the burden of showing that the committee’s determination was unsupported by evidence, constituted an abuse of discretion or was otherwise in error.

A member may request one postponement of a scheduled hearing for a good cause. The postponement is not to exceed 60 days from receipt of the written request. Such postponement request may be made in writing to the Appeals Services Administration by stating in detail the reason(s) for the request and must be received by the Appeals Services Administration no less than three days prior to the scheduled hearing.

If a member fails to appear at a scheduled hearing without submitting a request for a postponement with good cause, the matter will be heard by the board in the member’s absence and ruled upon.

How to Pay for a Citation

A citation may be paid the following ways:

Make a check or money order payable to Canyon Lake Property Owners Association and mail to 31512 Railroad Canyon Rd., Canyon Lake, CA 92587.

Pay in person at the POA office with a check, money order, or credit card.

Pay over the phone with a credit or debit card by calling the Member Services department at 951-244-6841, ext. 310.

To review a complete list of the POA’s Rules and Regulations and fines, visit canyonlakepoa.com.

 

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