RULES & REGULATIONS

HERRON MAINTENANCE COMPANY
AUGUST 1995


I. PURPOSES

II. DEFINITIONS

III. BACKGROUND

IV. RULES AND REGULATIONS
A. Mainland Property
B. Ferry and Docks
C. Island Roadways
D. Community Building
E. Parks and Other Common Areas
F. Private Property
G. General Rules

V. ENFORCEMENT AND PENALTIES
A. Responsibilities
B. Enforcement
C. Penalties

VI. REVISION RECORD


I. PURPOSES

A. To adopt and maintain such rules and regulations as are necessary and appropriate to serve the common good of the Herron Island community and to guide the conduct of members, renters, and guests.

B. To provide sanctions for violations.

C. To provide the process for lodging complaints and for appealing actions taken to enforce these rules and regulations.

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II. DEFINITIONS

A. Herron Maintenance Company (HMC)
The non-profit corporation that owns, controls, manages, and/or operates the assets that are held in common for the use and benefit of its members in accordance with Article II of the Articles of Incorporation and Article I of the HMC By-Laws.

B. Member
An owner or contract purchaser of property on Herron Island as further defined in Article II of the HMC By-Laws.

C. Member In Good Standing
Any member who is not delinquent with respect to payment of assessments, fees, or charges.

D. Board of Trustees (the Board)
The board of elected members that conducts, manages, and controls the affairs and business of HMC in accordance with its By-Laws and Articles of Incorporation.

E. Guest
Any person who has been authorized by a member or renter to visit the Island and to use HMC facilities, as evidenced by a valid guest pass.

F. Renter
A person who has entered into a lease or rental agreement with a member for use of the member's property on the Island, as evidenced by written and notarized agreement on file with the HMC office.

G. Island
As used in these Rules and Regulations, the term refers to Herron Island.

H. Common Areas
Property that is owned by HMC and set aside for the use and benefit of all its members. Common areas include the mainland parking area, ferry docks, Island roadways, the Community Building, North Beach Park, Goodpastor Park, South Community Beach, and the trail leading to the South Community Beach.

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III. BACKGROUND

Herron Island is a unique place. The Island is completely privately owned, with no public access. Our HMC ferry, the Charlie Wells, provides transportation to and from the Island for property owners, renters, guests, and utility and emergency vehicles. Most of the Island's area consists of lots owned by individual property owners. The remainder consists of common areas such as parks, roads, and parking areas and a few individual lots, all of which are owned by HMC. A Board of Trustees controls and manages the assets and business affairs of HMC for the benefit of its members.

Herron Island is a special place in other ways as well. The water, the beaches, the woods and wetlands, the open spaces, and the views of the mountains and Case Inlet make it a place of great natural beauty. The deer are a delight to residents and visitors alike. Birds and marine life can be observed in their natural habitat. Fishing, boating, sailing, water skiing, and other water sports are enjoyed by many. Most of the property owners were first attracted to the Island by these qualities and the quiet, peaceful environment. These are characteristics which we all wish and intend to preserve and maintain. The rules and regulations that follow are necessary to accomplish this objective.

The By-Laws of HMC, Article VI, Section 3, give the Board the responsibility and the authority to establish such rules and regulations as they deem best, provided they are not inconsistent with Washington and United States laws, with regulations and ordinances of Pierce County, or with the By-Laws and Articles of Incorporation of HMC. The Pierce County Sheriff Department maintains the same authority and responsibility for law enforcement on the Island as it does throughout the rest of the County, responds to calls for assistance, and visits the Island periodically.

The objective of the Board has been to establish only such rules and regulations as are:

1) necessary and appropriate in regard to the use, care, operation, maintenance, and preservation of HMC common areas and facilities; or are

2) necessary for the health and safety of members, renters, guests, and employees; or are

3) necessary to preserve the rights of members to the full use and enjoyment of their property and/or Island facilities and to prevent infringement on these rights by others.

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IV. RULES AND REGULATIONS

Violations of these rules and regulations are classified as Class A, B, or C. The class of violation is indicated where applicable in parentheses following the rule statement. Penalties for each class of violation are specified in Section V(C).

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A. Mainland Property

The provisions of this section apply to the HMC property located adjacent to the mainland ferry dock south of the ferry access road and used primarily for parking.

1. Parking shall be limited to vehicles belonging to members, to renters, and to guests and to government, commercial, or utility vehicles in connection with legitimate Island business.

2. Cars, truck, RV's, and motor homes belonging to members and renters shall display a current HMC decal, affixed to the windshield. (Class C)

3. All vehicles without decals shall display a parking permit if parked for more than 72 hours. Parking permits are available without charge from the ferry crew, are good for 7 days, and are not renewable. (Class C)

4. Vehicles not displaying a current decal or a valid parking pass are subject to towing at owner's expense after 72 hours.

5. Construction material and personal property shall not be stored on the property except as expressly approved in writing by the Board. (Class B)

6. Garbage, rubbish, or debris of any kind shall not be left on the property except when properly disposed of in designated trash cans. (Class C)

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B. Ferry and Ferry Docks

The provisions of this section apply to the Herron Island ferry and the mainland and island ferry docks. The ferry and docks are owned by HMC and are operated for the private use and benefit of members, guests, and renters.

1. The ferry shall operate on a regular schedule that is determined and adopted by the Board of Trustees. In case all vehicles cannot be accommodated on a particular run, the ferry shall shuttle between Island and mainland until such backlog has been eliminated. If a backlog remains after the last scheduled run before a break in schedule or at the end of the day, the ferry shall continue to shuttle to accommodate all vehicles that were in line at the time of the last scheduled run as determined by the ferry crew.

2. Persons and vehicles shall gain access to the ferry at the mainland terminal upon complying with the following:

a. Children and students attending schools up through high school level will be transported without charge when returning from school, except that a student driving a vehicle onto the ferry will be charged the established user's fee for such vehicle.

b. Vehicles and personnel of utilities, fire department, sheriff's department, and other government agencies will be transported without charge while on official business and upon providing proper identification.

c. Members in good standing, renters of members in good standing, and any person in their immediate families who is under the age of 21 shall gain access by paying the established fee and by displaying a current HMC decal on the windshield or by properly identifying themselves if foot passengers.

d. Guests shall gain access by producing a valid guest pass signed by a member in good standing and paying the established guest fee.

e. Delinquent members and renters of delinquent members shall be denied access to the ferry except for situations as defined by approved Board Policy 95-1. Guests of delinquent members are denied access.

f. Real estate agents on official business regarding a specific piece of property shall gain access by producing a valid real estate license and paying the established fee for members

3. In case of sudden illness or accident, the ferry will make emergency runs from the Island at any time at no charge.

4. Any member may arrange a special ferry run (at an unscheduled time) b y request to the ferry captain, subject to crew availability. The member requesting such a run shall pay a special fee as established by the Board.

5. The ferry captain and deckhand shall exercise complete authority to enforce all posted rules and regulations and such other measures as are necessary to ensure safe and efficient operation of the ferry and docks. Passengers and vehicle operators must comply with all posted rules and regulations and all instructions from the ferry crew. (Class B)

6. Vehicle engines shall not be operated once positioned on the ferry during loading nor while the ferry is underway. Vehicle parking brakes shall be set. Engines shall not be restarted until the ferry has docked and foot passengers have disembarked. (Class C)

7. Children must be under adult supervision and remain in a vehicle or the passenger cabin at all times while on board the ferry. (Class C)

8. Fishing is prohibited on the ferry and on the dock movable ramps. Other posted warnings must be observed. (Class C)

9. Travel (vacation) trailers, RV's, motor homes, utility trailers, boats, and heavy vehicles are allowed on the ferry with the following restrictions:

a. Vehicle/trailer combinations cannot exceed 60 feet in overall length. Travel trailers and motor homes must present a completed HMC certification form prior to transport to the Island, certifying that they will be used in accordance with HMC and Pierce County sanitary regulations while on the Island.

b. Heavy vehicles and combination loads will not be transported if they exceed the posted weight limits. Marginal loads (as determined by the ferry crew) must present a weight slip as evidence of compliance.

c. Heavy vehicles and vehicle/trailer combinations exceeding 32 feet in length cannot be transported during low water conditions. Vehicle weight limits for such conditions shall be established by the Board, posted on the ferry, and distributed for membership use. Please check tide tables prior to bringing such vehicles and combinations to the ferry loading area. The ferry crew shall be the sole judge as to whether and when they can be accommodated. Please check with the ferry crew in advance if conditions appear to be marginal.

d. Vehicles and combinations exceeding 25 feet in length or exceeding 20,000 lb. weight will not be transported onto the Island from Friday through 3:00 p.m. Saturday on Memorial Day and Labor Day holiday weekends. Such vehicles will not be transported off the Island during the peak traffic period beginning at 11:00 a.m. Monday on these weekends. If Independence Day falls on a weekend or Monday, the same time restrictions apply. If Independence Day falls elsewhere in the week, the restrictions apply on the day before the holiday through the holiday.

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C. Island Roadways

1. All vehicles shall be operated within a maximum speed limit of 15 mph at all times on Island roads. Members are responsible for informing their guests of the importance of this limit for pedestrian safety, for dust control, and for protection of deer. (Class C)

2. All persons operating motorized vehicles on the private roads of Herron Island shall do so in compliance with all of the requirements of RCW Chapter 46.61, Rules of the Road, that are applicable to the operation of motorized vehicles on public highways. Failure to operate a motorized vehicle in compliance therewith shall be a violation of the Rules of Herron Maintenance Company. (Class B) (Revised 10/11/03)

3. Golf carts, off road vehicles and nonhighway vehicles

a. Definitions
"Golf cart" means a three- or four-wheel vehicle, whether battery or combustion-powered, designed primarily for use on a golf course to transport persons and golf clubs.

"Off road vehicle" (ORV) means any nonhighway vehicle.

"Nonhighway vehicle" means any motorized vehicle primarily designed for recreational or other travel on trails and nonhighway roads or for recreational or other cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland, and other natural terrain. Such vehicles include but are not limited to, off-road vehicles, two, three, or four-wheel vehicles, motorcycles, four-wheel drive vehicles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

b. Regulations
A vehicle defined in this Paragraph may be operated on Herron Island roads, but shall prominently display a current, numbered HMC permit sticker. Vehicles operated between the hours of 10:00 PM and 8:00 AM shall comply with the noise restrictions contained in Rule IV.G.7. Operation from one-half hour after sunset to one-half hour before sunrise is prohibited unless the vehicle is equipped with at least one operating headlamp sufficient to illuminate a person or object 100 feet ahead and with one operating red taillamp visible from the rear from a distance of 200 feet. (Class B) (Revised 10/11/03)

4. Drivers of motor vehicles shall yield the right-of-way to pedestrians, bicycle riders, and deer. (Class C)

5. Long-term vehicle parking is prohibited on Island roads or right-of-way. Vehicles parked for more than 24 hours are subject to towing and removal from the Island at owner's expense. (Class B)

6. Members shall be responsible for maintaining ditches and culverts adjoining their property free of weeds, trees, and debris. Ditches shall not be covered over nor culverts installed until plans have been approved by the Board. (Class C)

7. Signs shall not be placed on Island roads or right-of-way except as authorized by HMC. All unauthorized signs will be removed by HMC. (Class C)

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D. Community Building

The provisions of this section apply to the Community Building located at the northwest corner of Goodpastor Park and used for HMC meetings, group activities and events, fire station and HMC office.

1. The building shall provide housing for fire engines and associated equipment which are owned and operated by Pierce County Fire District No. 16 and are used for Island fire protection. Only fire district personnel and qualified fire fighting volunteers operating under direction of fire district personnel are authorized to operate the engines and equipment. Qualified drivers list is available at HMC office.

2. The building shall be available for use for HMC meetings, for Herron Island Booster events, for other community events, and for private group activities. The use, scheduling, and hours shall be approved by the Board except as delegated by the Board to the HMC office staff.

3. Private groups, when sponsored by a member, may use the building upon approval of use and schedule, payment of the established rental fee and damage deposit, and acceptance of responsibility for cleanup and any damage to the facility. The damage deposit will be refunded if subsequent inspection reveals no damage to the building or its contents.

4. The Herron Island Boosters may use the building without charge of a rental fee.

5. Smoking is not permitted in the building. Smokers are requested to properly dispose of spent smoking materials and matches. (Class C)

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E. Parks and Other Common Areas

The provisions of this section apply to the Island parks and other common areas that are dedicated to recreational use and enjoyment by members, renters, and guests. These areas include the North Beach Park, Goodpastor Park and associated wetlands, and the South Community Beach.

The North Beach Park, located on the northeast corner of the Island, includes a launching ramp for small boats, a picnic shelter and associated tables and barbecue sites, a designated swimming area, a single designated site for a beach fire, and portable toilet facilities.

Goodpastor Park is located near the center of the Island and includes a children's play area, basketball facility, ball field, and areas for volleyball and horseshoes pitching.

The South Community Beach is located at the south end of the Island. It is an undeveloped area which connects by trail to the road at the southwest corner of the Island. On this beach members, renters, and guests may picnic, beach comb, swim, fish, dig clams, and catch crabs.

1. The parks listed above are closed from 10:00 p.m. to 6:00 a.m. Loud noises, unruly behavior, and large gatherings are prohibited after 10:00 p.m. (Class B)

2. Motor vehicles shall not be operated on park beaches, trails, or play fields. Motor vehicles are prohibited in all park areas except those designated for parking. (Class B)

3. Long term parking of vehicles and boat trailers (exceeding 24 hours) is prohibited at the North Beach Park, Goodpastor Park, or any other community area. Boat trailers must be returned to members' property for storage. (Class B)

4. Water skiing or jet skiing is prohibited in the vicinity of the swim area at the North Beach Park. These activities may use the beach area extending southward from the sand bar. (Class B)

5. Boats and jet skis shall maintain low speeds not exceeding 5 MPH (no wake) until at least 300 ft. away from beach areas, small boat docks, and launch ramp area. (Class C)

6. Overnight camping or RV parking is prohibited in all park areas. (Class B)

7. Beach gravel or sand shall not be removed from park areas. Note that it is illegal under the Shoreline Management Act to remove sand or gravel from any beach. (Class B)

8. Small boat docks shall be used primarily for loading and unloading of boats. Boats and other watercraft shall not be left tied up at the small boat docks for more than 24 hours. Boats shall not be tied up to pilings. (Class C)

9. Small boats shall not be left unattended on the beach area at the North Beach Park, but may be stored up against the beach side of bulkhead. (Class C)

10. Boat mooring or anchor lines shall not cross the beach area at the North Beach Park except that such lines may be used in the area extending southward from the sand bar. (Class C)

11. Open fires are prohibited in Island parks and other common areas unless specifically authorized in advance by the Board or when confined to the single designated site on the beach at the North Beach Park. All open fires are subject to all restrictions imposed by Pierce County Fire District No. 16 and any additional restrictions imposed by the Board. (Class B)

12. Fireworks are prohibited in common areas. Exception: Fireworks are permitted at the controlled, designated area at the North Beach Park on the fourth of July and such other times as authorized by the Board. (Class B)

13. Common areas and facilities shall be maintained in a clean and orderly manner. Litter shall be placed in designated containers or carried away when leaving. (Class C)

14. Except as provided in E.9., personal property (not belonging to HMC) shall not be stored or left unattended in common areas. (Class C)

15. No structures shall be erected nor signs posted in common areas without authorization of the Board. (Class C)

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F. Private Property

The provisions of this section apply to all privately-owned property on the Island. All Island property is privately owned with the exception of the following:
parks and associated wetlands and trails
roads and road right-of-way
ferry docks
small boat docks
water system well site including wells, storage tanks, emergency power system, and pumping, control, and maintenance
facilities
other HMC-owned lots

Private ownership of waterfront lots includes the associated beach, down to the level of mean low tide.

1. Please respect private property. Trespassing on private property is prohibited. (Class B)

2. A long-standing custom since the beginning of HMC has been to allow any member, renter, or guest to walk along any part of the Island's beach area. However, other uses of the private beaches or hillsides such as digging clams, picking oysters, picnicking, etc., are strictly forbidden without specific permission from the owners. (Class C)

3. Pierce County sanitary code applies to all property on the Island. Each property owner who makes any use of his property must have a chemical toilet or approved and functioning septic system. Travel (vacation) trailers and RV's must be completely self-contained or be connected to a septic system. (Class B)

4. Island property is particularly susceptible to damage from uncontrolled fires because of extensive wooded areas and limited fire protection facilities. It is therefore extremely important that proper precautions be taken with any open fire, including the following:

a. Know and observe all requirements and restrictions on open fires imposed by Pierce County Fire District No. 16 (check with nearest fire district office);

b. Observe all burn bans imposed during dry weather;

c. Obtain the necessary fire permits from the fire district when required;

d. Completely extinguish all open fires before leaving the immediate area.

Additional restrictions may be imposed by the Board during critical fire danger conditions. (Class B)

5. Unless garbage pick-up service has been arranged, each owner is responsible for removing all trash and garbage when leaving the Island. (Class C)

6. Owners shall be responsible for turning off water service to their property prior to leaving the Island for any extended period of time. Special precautions must be taken during winter months to prevent damage due to freezing. (Class B)

7. Each member in good standing shall be provided with a water service connection at the boundary of his/her property subject to the following:
possession of a water availability notice,
approval by the Chairman of the HMC Water Committee,
payment of the specified hook-up fee.

The Island water supply is a limited resource. Conservation measures must be practiced. Each member must be responsible to avoid unnecessary use of water, to repair leaks on his/her water lines when they are detected, and to promptly report leaks on the HMC main supply lines.

8. Repealed

9. Tansy Ragwort is a noxious weed that Pierce County is working to eradicate from the Island. Owners are responsible for control and eradication of Tansy on their property by spraying, pulling or cutting the plants so as to prevent their propagation. Failure to do so can result in fines or other penalties by Pierce County Weed Control.

10. Except for the purpose of conducting the business of the only store on the Island, private lots shall be used exclusively for single family residential purposes and for the common social, recreational or other reasonable uses normally incident to those purposes. Residential purposes includes sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants of personal guests and similar activities commonly conducted within a residential dwelling, without regard to whether the lot owner or occupant resides on the lot as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis. With the exception of the Island store, no trade or business of any kind may be conducted on or from any lot except that an owner or occupant residing on a lot may conduct business activity within or from the lot only if:

a. the existence or operation of a business activity within the lot is not apparent or detectable by sight, sound or smell from the exterior of the lot;

b. the business activity conforms to all zoning requirements for the property;

c. the business activity does not involve persons coming onto the Island who are not members or renters;

d. the business activity does not increase the liability or casualty insurance obligation or premium of HMC; and

e. in the sole discretion of the Board, the business activity is consistent with the character of HMC and does not constitute a nuisance or hazardous or offensive use.

"Business" and "Trade" shall be construed to have their ordinary generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether (a) the activity is engaged in full- or part-time; (b) the activity is intended to or does generate a profit; and (c) a license is required to engage in the activity. (Class B)

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G. General Rules

1. Members shall be responsible for the conduct of their families, renters and guests while on the Island or other HMC property. The laws of the State of Washington and the regulations and ordinances of Pierce County apply on the Island as they would elsewhere. Any person who poses a threat to the health, safety or well-being of any other person on the Island or to the property of HMC may be expelled or banned from the Island by action of the Board (Reference By-Laws Article II, Section 6).

2. Vandalism of HMC property or facilities will not be tolerated. Perpetrators will be prosecuted to the full extent of the law. If perpetrators are minors, their parents will be held responsible for all damages. Members shall be subject to fine for vandalism committed by themselves, family, or guests. (Class A)

3. Please show respect for the welfare of deer and other wildlife on the Island. Harassing, molesting, or injuring wildlife is prohibited. Dog owners must control their pets so that they cause no harm to wildlife. (Class B)

4. Discharging of firearms and archery are prohibited on the Island or other HMC property. (Class A)

5. Hunting or trapping of wild animals on the Island is prohibited. (Class A)

6. Dogs shall not be permitted to run loose on the Island. Owners must keep dogs on leash or otherwise restrained. (Class B)

7. Noise which can disturb the rest of others is prohibited between the hours of 10:00 p.m. and 8:00 a.m. Examples include loud voices, loud music, noise from construction equipment and construction activity, and noise from vehicles, chain saws, lawn mowers, and other yard and garden equipment. (Class B)

8. Repealed

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V. ENFORCEMENT AND PENALTIES

A. Responsibilities

The Board of Trustees has overall responsibility for establishing, maintaining, and enforcing rules and regulations as directed by Article II, Section 6 and Article VI, Section 3 of the By-Laws and is authorized, empowered, and required, pursuant to procedures set forth in Section B that follows below, to investigate, hear, and determine all complaints concerning violations by any member, renter, or guest of any provisions of these rules and regulations and to order compliance therewith. The Board is further authorized and empowered to levy reasonable fines against or suspend the privileges of use of HMC facilities and common areas of any person who shall have been found to be in violation of any such provision or decision after notice stating the nature of the violation and an opportunity for appeal and hearings as set forth in Section B.

Under the direction of and acting for the Board, the HMC Rules Committee is authorized and shall have the direct responsibility to administer and enforce the provisions of these rules and regulations in accordance with the process specified in Section B that follows.

The Committee shall be a standing committee of HMC with members and chairman appointed by the Board. The chairman shall be responsible for reporting Committee actions at each regular monthly Board meeting.

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B. Enforcement

1. In the event a member, renter, or guest violates any of the requirements of the rules and regulations, HMC shall have all of the rights and remedies which are provided for in this document, in the HMC By-Laws, or which may be available at law or in equity.

2. Without limitation on any other remedy which HMC may have in the case of a violation, HMC may invoke the following internal, non-judicial enforcement process:

a. Each member and employee of HMC shall have the right and the obligation to report violations of these rules and regulations. Complaints citing violations shall be reported in writing to the Rules Committee, stating all known particulars including names, dates, locations, witnesses, and circumstances. Forms suitable for this purpose are available at the HMC office.

b. If sufficient grounds are found, the Rules Committee shall notify the member(s) involved and any renter who is also believed to be responsible for such violation (collectively referred to hereafter as respondents), in writing of such specific violation, which notice shall state that the respondents have the right to appear before the Committee with regard to the claims set forth in the notice of violation. The notice shall also state that if the respondents fail to deliver written notice to the Committee within 15 days from receipt of notice of violation, requesting such an informal hearing, the Committee may impose a fine or other penalty as set forth in Section C that follows below.

c. If the respondents request an informal hearing, the Committee shall schedule such hearing and shall provide the respondents with at least 10 days written notice as to the date, time, and place thereof. At the hearing the respondents shall have the opportunity to discuss with the Committee the merits of the claims set forth in the notice of violation. Any other person having information bearing on whether or not a violation has been committed shall also present the same at the hearing. At the conclusion of the hearing, or if the respondents fail to appear at the hearing, the Committee shall determine whether or not a violation has taken place, what fine or other penalty shall be levied against any or all the respondents, and the time within which any fine must be paid. The decision shall be confirmed in writing to the respondents within seven days after the hearing.

d. Respondents may request a hearing before the Board to appeal a decision by the Rules Committee. Such request must be in writing and be received by the Board within 15 days after the decision by the Rules Committee. Any member of the Board who is incapable of impartial, disinterested, and objective consideration of the case shall disclose such to the Board and remove himself or herself from participation in the proceedings and have it so recorded in the minutes. At the hearing, respondents will have the opportunity to present any information bearing on the matter. The Board will also review the decision of the Rules Committee. The Board will make its decision and report it in writing to the respondents within 7 days after the hearing. The decision of a majority of the Board members who were present at the hearing will be binding upon the respondents and upon HMC.

e. The Board shall cause to be kept records of the pertinent documents, data, and minutes of meetings relating to each case where a notice of violation has been sent to respondents.

3. Continuing failure to comply with a provision of the rules and regulations or a Board decision shall be sufficient grounds for an action to recover sums due for damages, which shall include any fines levied by the Board and any costs incurred by HMC in connection with the proceedings before the Board, maintainable by HMC (acting through the Board) on behalf of the members. Such failure shall further be grounds for the issuance of injunctive relief in such an action. Nothing contained herein shall be deemed or construed as a waiver of HMC's right to bring an action without first exhausting HMC's internal enforcement procedures in cases where the Board deems immediate legal action to be necessary or appropriate. If HMC prevails in any such action, it shall be entitled to recover as part of its judgment a reasonable sum for attorneys' fees reasonably incurred in connection with the action, in addition to taxable costs permitted by law.

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C. Penalties

Violations of these rules and regulations are classified as Class A, B, or C. The class of violation is specified below for each applicable rule and regulation. 


Class C Violation   Class B Violation   Class A Violation
Rule A2             Rule A5             Rule G2
     A3                  B5                  G4
     A6                  C3                  G5
     B6                  C5
     B7                  E1
     B8                  E2
     C1                  E3
     C2                  E4
     C4                  E6
     C6                  E7
     C7                  E11
     D5                  E12
     E5                  F1
     E8                  F3
     E9                  F4
     E10                 F6
     E13                 F8
     E14                 F10
     E15                 G3
     F2                  G6
     F5                  G7
                         G8
Fines for each class of violation are specified below. Fines shall not exceed the values shown. The Board or Rules Committee shall have the authority to reduce these fines when circumstances warrant. The fines shall constitute assessments secured by a lien upon any lot belonging to or occupied by the person against whom they were assessed and shall be collectable in the manner provided by HMC By-Laws. 


              1st       2nd       3rd	
Violation     Offense   Offense   Offense

Class A       $500      $1,000    $2,000
Class B       $100        $200      $500
Class C        $10         $50      $100
Penalties for violations beyond a 3rd offense shall be determined by action of the Board.

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VI. REVISION RECORD

Extensively revised. Added enforcement procedures and penalties. Adopted by the Herron Maintenance Company Board of Trustees, August 12, 1995.

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