Covenants, Conditions & Restrictions
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 Construction Regulations.