Purpose of Policy
It is the right of every Member, their guests, to be able to use and enjoy the common elements of the Association subject to the rules and regulations of the Association. This use and enjoyment should be free from annoyance, harassment, discourtesy and other unacceptable conduct by other Members or their guests. Likewise, the employees and Directors of the Association have the right to perform their duties free from these types of behavior.
This Policy applies to all Members, their guests and invitees.
Annoyance, harassment, discourtesy and unacceptable behavior will not be tolerated and dealt with in accordance with this Policy. The behavior covered by this policy, includes but is not limited to, bullying, intimidation, harassment, threats of violence or damage to a member’s property and can occur in any form including verbal confrontation or threats, written communication whether or not directed to the Member (including postings on social media and communication technologies such as email, cell phone, email, texts and other methods of communication) and physical assault or threats thereof.
- Definitions. The following terms shall have the following meanings:
- “Association” means the Flat Top Lake Association, Inc.
- “Association complaint” means a written complaint filed by a member of the association pursuant to the association complaint procedure. An association complaint shall concern a matter regarding the alleged or perceived action, inaction of a member of the association or their guests inconsistent with applicable laws and regulations, including but not limited to, the association governing documents and rules and regulations, if any, of the association. The subject matter of an Association complaint shall not involve real estate property disputes, including but not limited to, boundary lines, ingress and egress, drainage issues, and the like or matters such as claims of negligence occurring on a member’s private property.
- “Association governing documents” means all documents and authorized amendments thereto including, but not limited to, the declaration, deeds, bylaws, articles of organization, plat of survey, and rules and regulations.
- “Board” means the duly elected board of directors of the association.
- “Complainant” means a member of the Association who makes a written complaint pursuant to this association complaint procedure.
- ‘Effected Member” shall mean the member or members of the Association against whom an Association Complaint has been made.
- “Final determination” means the final decision issued by the association pursuant to this association complaint procedure that shall (1) be made in writing within 30 days after the association received the member’s original complaint; and (2) be marked clearly and conspicuously as “final”.
- “Record of complaint” means all documents, correspondence, and other materials related to a decision made pursuant to this association complaint procedure.
- “Acceptable technological means” includes, without limitation, electronic transmission over the internet or other networks, whether by direct connection, intranet, telecopier, electronic mail, and any available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability.
- General Provisions.
- The association complaint procedure shall be distributed to all members using the association’s established reasonable, effective, and free method for communicating with the Board.
- The association complaint must be in writing.
- A sample of the form on which to submit an association complaint is available upon request from the association office or by electronic mail at flattoplakeWV@gmail.com or the FTLA website members section at flattoplake.org.
- The completed complaint form shall be hand delivered, mailed by registered or certified mail, return receipt requested, or if consistent with the association’s established procedure, delivered by acceptable technological means, provided the member retains sufficient proof of delivery. Delivery shall be made to the President or Secretary of the association or to the manager at the principal office of the association.
- The association shall provide written acknowledgement of the receipt of the complaint to the complainant, mailed by registered or certified mail requested or if consistent with the association’s established procedure, delivered by acceptable technological means, provided the sender retains sufficient proof of the electronic delivery.
- Contents of association complaint.
- The complainant shall provide, with the association complaint, copies of all documents that the complainant believes the Board of Directors should consider in connection with the association complaint. In addition, to the extent the complainant has knowledge of the law, rule, or regulation applicable to the association complaint, the complainant shall provide that reference, as well as the requested action or resolution.
- If the Association identifies additional information necessary for the Association to continue processing the association complaint, then, no later than 30 days after the Association’s receipt of the association complaint, the association shall request such information from the complainant. The request shall be hand-delivered to the complainant or mailed by registered mail, return receipt requested or if consistent with the association’s established procedure, delivered by acceptable technological means, provided the sender retains sufficient proof of the electronic delivery.
- The request for additional information shall bear a reasonable relationship to the association complaint and not be used to overburden the complainant or frustrate a complainant’s efforts to have an association complaint considered by the Board. If the additional information requested is not received within the time frame stated in the association’s request (such date to be reasonably determined based on the nature of the information requested), and the time frame has not been extended by consent of the Board, but in no event shall be beyond fifteen (15) days after the request was made or extended time has expired whichever is later, the association complaint will be deemed withdrawn and the process will terminate.
- Consideration of association complaint and final determination.
- The association’s Board of Directors shall select three (3) members disinterested in the matter involved in the association complaint to investigate and make a recommendation on resolution of the association complaint. This recommendation can include, but shall not be limited to, fines, loss of privileges to use common elements of the Lake, and any other reasonable action to remedy the matters addressed in the association complaint.
- The Directors so elected shall present their findings and recommendations to the Board and the complainant and to any member the recommendations may affect, in writing, within 14 days of the filing of the Association complaint. If the recommendations of the investigating directors satisfactorily resolve the matters addressed in the association complaint, then the matter shall be deemed resolved and the recommendation will become final and part of the Record of Complaint. If either the complainant or an effected party does not agree with the recommendation of the investigating directors, the recommendation shall be delivered to the Board shall consider the matter.
- The association’s Board of Directors shall hold a hearing on the association complaint no less than thirty (30) days nor more than 45 days after receiving the recommendation of the investigating directors and any additional information it has requested. The Board or complainant, or an effected member, may record the hearing by tape, film, or other means at the cost of the party requesting the record be made.
- Within a reasonable time prior to the consideration of the association complaint, the complainant and any effected member shall be notified of the date, time, and location on, and at which the hearing will be held. “Reasonable time” shall not be less than 10 days prior to the hearing date. Notice of the date, time, and location for the hearing shall be hand-delivered, mailed by registered or certified mail, return receipt requested, or if consistent with the association’s established procedure, delivered by acceptable technological means, provided the sender retains sufficient proof of the electronic delivery.
- A complainant may, but is not required to be, represented by an attorney. If the complainant chooses to be represented by an attorney, then she/he must notify the Board of Directors that she/he intends to be represented by an attorney no later than seven (7) days prior to the hearing date. A complainant shall bear the cost of his/her attorney.
- A complainant may bring witnesses or documents to the hearing in support of his or her association complaint.
- The final determination of the association shall be contained in a Resolution adopted by the Board at an open meeting in conformance with the association’s governing documents. The final determination of the association must be made in writing within 30 days after the association received the complainant’s association complaint and marked clearly and conspicuously as “final”.
- Written notice of the Board’s final determination shall be hand-delivered or mailed by registered or certified mail, return receipt requested within 7 days of the Board’s final determination.
- The association shall maintain a record of each association complaint it receives for at least 3 years following adoption of the Board’s Resolution setting forth the final determination with respect to that association complaint.