Summit Village

ARTICLE XVI
AMENDED POLICY OF THE SUMMIT VILLAGE, INC. FOR FEES
FOR SERVICES PROVIDED FOR UNAPPROVED DWELLING UNITS
IN SUMMIT VILLAGE, INC.

POLICY

Summit Village, Inc.is an approved planned unit development with a specified number of approved dwelling units, all of which are members of the Summit Village, Inc. (Association) and pay assessments to provide for necessary services and functions. The Summit Village, Inc. Board of Directors (“Board”) recognizes that a number of unapproved dwelling units exist within Summit Village, Inc.that receive services provided by the Association without the payment of any assessments.

The Board hereby finds that this is unfair to the owners of the approved units that pay assessments and declares its intent to collect fees from theses unapproved units for services provided.

By adoption or implementation of this Policy, the Board neither makes a determination as to the legality of the dwelling units, nor does it approve or recognize the unit as “legal” once fees are paid for the services provided. The purpose and intent of this Policy is only to obtain payment for services provided and to ensure fairness and equity to the homeowners whose assessment fees pay for the services provided.

PROCEDURES

Reasonable Belief: If a member or employee of the Association or other person has a reasonable belief that an unapproved dwelling unit exists that is not currently being charged for services provided by the Association, the person may submit the facts to the Association upon which the person bases that belief.

Investigation: When the Association receives this factual information, its Manager may conduct an additional investigation and shall make a preliminary determination as to the validity of the report.

Determination: If the Manager determines that there is an adequate factual basis for the determination of the existence of an unapproved dwelling unit, the matter will be referred to the Board for review and action. The owner of the property involved shall be provided thirty (30) days written notice of the Board meeting and review. At the Board meeting, the property owners shall have the opportunity to provide information regarding or contrary to the preliminary determination of the existence of an unapproved dwelling unit. The Board shall review the information presented and take action on the matter.

Commencement of Charges: If the Board determines that the property at issue is an unapproved dwelling unit, the unapproved dwelling unit will be placed on the Association’s semi-annual billing cycle and pro-rated monthly for the charges incurred for the services provided. All charges shall be treated as special assessments against the property containing the unapproved dwelling units under the CC&R’s.

Enforcement: In the event that the additional charges based upon the Board’s determination of the existence of an unapproved dwelling unit are not paid, the Association shall take all steps under the CC&R’s to collect such charges and all associated costs. Additionally, or alternatively, in the Association’s discretion, the Association may take such action as is appropriate to abate and have the unapproved dwelling unit removed and service and occupancy eliminated by any appropriate governmental authority with jurisdiction.

DEFINITIONS

  • “Dwelling Unit” – Structure designed and useable for residential occupancy by one of more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and food preparation facilities.
  • “Unapproved Dwelling Unit” – A dwelling unit which is not contained on an approved subdivision map for Summit Village, Inc., and/or for which the owners has not obtained a Douglas County Building permit, and as to which the owners is not paying a separate assessment to the Association for services provided.
  • “Owner” – Person to whom the parcel of real property upon which the unit reference is located in the most recent assessment roll available.

EXAMPLES OF UNAPPROVED DWELLING UNITS

  • Additional dwelling added to an existing townhouse or condominium by enclosing the substructure or bottom storage area of the building.
  • Townhouse or condominium split into tow (2) or more separate living units with kitchens or kitchenettes added to each new unit.
  • Storage shed, playhouse or garage converted into a studio or one-bedroom apartment.
    Separate smaller dwelling, commonly referred to as a “mother-in-law” unit, created within an existing unit without approval by Douglas County and/or the Tahoe Regional Planning Agency.

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