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  • Conservancy CC&R's

PROMONTORY CONSERVANCY POLICY

Effective October 10, 2012 (updated April 1, 2013 and September 26, 2013)

The Promontory Conservancy Board hereby institutes the following guidelines for violation notification, enforcement and assessment in order to carry out its duty to upholding Promontory’s Governing Documents (including the Design Guidelines, Covenants, Conditions, and Restrictions (“CC&Rs”), and By-Laws justly and responsibly with respect to all Promontory homeowners.

Pursuant to the Design Guidelines and CC&Rs, the Conservancy and/or a committee of the Conservancy may inspect Promontory homesites from time to time and issue a Notice of Violation or a Notice of Non compliance (“Notice”) whenever necessary. Depending on the nature of the violation, the Architectural Review Committee (or a representative thereof) and/or Conservancy staff, on behalf of the Board or one of the Conservancy committees, may, pursuant to the Design Guidelines or CC&Rs, give the alleged violator an opportunity to correct the violation prior to recommending an action be taken by the Board against the violator/homesite.

Any Notice sent by the Conservancy Board to a Promontory owner or person in violation shall always state the nature of the alleged violation and the proposed sanction to be imposed, along with the required corrections to bring the homesite into compliance within a time frame mandated by the Board. In any case of fine institution, the fine will always be appealable by the violator(s) and/or owner(s) to the Covenants Committee and/or Board pursuant to and within time constraints set forth in the CC&Rs; Section 7.4 and the By-Laws; Section 3.24.

In every instance, prior to a fine being issued, a Notice will first be sent to the Owners (and sent via email where possible). Should there be a failure to correct the violation with the given timeframe, the Conservancy Director/staff, on behalf of the Board, will institute an enforcement/punitive action against the owner of the violating homesite or in some instances, against a different person causing the violation. The typical fines for the following violations have been ratified by the Board and the Covenants Committee as of the date set forth above.

Click here to view the Conservancy's Enforcement Policy.

SCHEDULE OF FINES

  1. Failure to Maintain Home Exterior Stain/Paint: $2,500.
  2. Failure to Properly Maintain Homesite Landscaping (including dead/dying trees): $2,500.
  3. Failure to treat Noxious Weeds/Thistles: $1,000.
  4. Unpainted/Unapproved Satellite Dish or Shutters/Draperies: $1,000.
  5. Speeding: 3-strike rule. After the third strike, a $200 per incident. This will be reset annually.
  6. Improper/Unapproved Construction Parking: $250/day for continued violation.
  7. Home Business, Public Estate Sale, and/or Leasing Violation: $1,000/day for continued violation; up to $10,000 maximum per violation.
  8. Failure to receive Final Release from the Architectural Review Committee in the timely manner required and/or three strikes pertaining to construction site noncompliance during the home building and landscaping period: $10,000 (performance deposit forfeiture); immediate replenishment of performance deposit is required.
  9. Pet Violations:
    • Off-leash Dogs w/Owner: The fine will start at $50 and increase, in the Conservancy Director’s discretion (subject to ratification by the Board), for repeat offenders.
    • Dogs running at large and/or are being a nuisance or hazard (i.e. attacking another person and/or wildlife): The fine will initially start at $250 and increase for repeat offenders and/or for instances deemed more severe on a case-by-case basis, in the Conservancy Director’s discretion (subject to ratification by the Board). The fine maximum for pet violations is $10,000.

Park City, UT | Promontory Club