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CCOC Decision Summary

#668-G, Waters Landing Association v. Ana Berrones (June 14, 2005) (Panel: McCabe, Oxendine, Smith)

The homeowner association (HOA) complained that the homeowner (HO) was not properly maintaining her unit and needed to make several repairs.  The HO did not appear at the public hearing to present any defense.

The panel ruled that it had jurisdiction over the HO because she was properly served with the summons.  It then heard the evidence presented by the HOA's witnesses.

After receiving the evidence, the panel ruled that the HOA had the authority to adopt and enforce its rules on property maintenance and that the HO had violated those rules.  The panel ordered the HO to repair the violations within 60, and further ordered that if she did not do so, the HOA could enter on the property and make the necessary repairs at the HO's expense.  The panel also stated that if the HO failed to obey, she could be prosecuted by the County for a Class A Civil violation and subject to a fine of up to $500 per day.

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