mca rules and regulationsmcacamplands.org/forms/mca rules and regulations.pdf · “mca property”...

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MCA RULES AND REGULATIONS APPROVED BY THE MEMBERSHIP APPROVED 8-30-97 AMENDED 7-5-1998, 9-4-1999, 7-1-2012, 6-30-2013, 7-20-2014, 07-03-2016, 07-02-2017 and 06/30/2018

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Page 1: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

MCA

RULES AND REGULATIONS APPROVED

BY THE

MEMBERSHIP

APPROVED 8-30-97 AMENDED 7-5-1998, 9-4-1999, 7-1-2012,

6-30-2013, 7-20-2014, 07-03-2016, 07-02-2017 and 06/30/2018

Page 2: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

Definitions

The word “shall” is defined as “must”. “in season” is defined as “Memorial Day to Labor Day” “MCA Fourth of July” is defined as the first weekend after July 4th “MCA” is defined as Moraine Camplands Association “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets, footways, including buildings, structures, personal properties, incident thereto and other properties owned and maintained by the Association for the common benefit and enjoyment of the members within The Properties (as defined in the Bylaws of MCA). “Harassment” is defined as behavior, including but not limited to words, conduct or actions that being directed at a specific person, annoys, alarms, disturbs or upsets that person and serves no legitimate purpose. It may be characteristically repetitive and persistent. “RV” is defined as recreational vehicle “MCA Staff” is defined as any employee or volunteer of MCA. “Street Hockey” is defined as a variation of the sport of ice hockey where the game is played outdoors on foot or with inline or roller skates using a ball or puck. Both ball and puck are typically designed to play on non-ice surfaces. “Hockey” is defined as two opposing teams who try to hit a ball or puck into their opponents’ goal using a hockey stick. “Tennis Shoe hockey” is defined as a variation of the sport of ice hockey where the game is played outdoors on foot. “Hearing Board” is defined as the MCA Board of Directors.

Page 3: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

VEHICLE REGULATIONS SECTION 100

101 All Motor Vehicle Laws of the Commonwealth of Pennsylvania are in

effect within MCA Property. 101A. All posted and board approved road signs must be obeyed. 102 Maximum speed for all vehicles, including bicycles etc, within MCA

Property is 10mph. 103 No vehicles are permitted in or on pavilion, miniature golf course,

sidewalks, tennis courts, concrete pads, comfort stations or where posted. 104 Unlicensed persons, under the age of eighteen (18) are prohibited from operating a golf cart and/or golf course maintenance vehicle within MCA Property. 105 All recreation vehicles, including bicycles etc., must be identified with

member’s lot number. 106 A. Every golf cart must be insured, or be able to provide Financial Responsibility, as

per PA Motor Vehicle Code. (Please make sure that your insurance specifically covers your cart’s use on MCA Property.)

B. Current, yearly golf cart stickers will be issued by the office upon proof of coverage. Stickers must be displayed on every cart.

107 A. All persons riding on golf carts must be properly seated.

B. A child may not steer or operate a golf cart from beside, or on the lap of an adult.

108 Golf carts and/or golf course maintenance vehicles must be equipped with a working headlight and tail lights. Lot numbers must be displayed on the front and rear of a golf cart and/or golf course maintenance vehicles no less that three (3) inches high.

109 Electric golf carts and/or golf course maintenance vehicles will be required to pay a

fee. Lot number, 3” high, must be displayed on the front and rear of golf cart.

110 Bicycles, driven after sundown, must have a working headlight and reflectors; front, rear; and sides.

111 Any child, age twelve (12) and under must wear an approved bicycle

helmet when riding a bicycle, as required by State Law. 112 No miniature or novelty motorized personal transportation vehicles, including

without limitation racing cars, go-carts, gasoline or electric cars shall be permitted on MCA Common

Page 4: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

Property or roads. 113 Motor Vehicles are only permitted in the following areas:

1. MCA roads. 2. Common property for parking where parking is allowed. 3. Individuals lot, or with owners permission.

PUBLIC HEALTH & PEACE

SECTION 200

201 “Quiet Hours” shall exist from 12:01AM until 8AM. 202 All MCA activities will normally terminate, and facilities close promptly at 12:00AM. 203 All persons, under the age of eighteen (18) shall return to their respective campsites

by 11:30PM, each evening, with the only exceptions being, those attending MCA activities which shall be extended to 12:15AM, unless accompanied by an adult.

204 It is unlawful for any person to discharge any firearm, air rifle, bow & arrow or any

other projectile which may cause bodily harm, within MCA Properties. 205 The use of fireworks within MCA Properties, is pursuant to Pennsylvania State Law. 206 All pets shall be attached to a leash or chain, not to exceed six feet (6’) and

controlled when on MCA property. Lot owner shall be responsible for the clean-up of litter. For purpose of clarity; this rule is not intended to impose restriction when on owner’s lot.

207 No pets are permitted on tennis courts, miniature golf course, volleyball court,

comfort stations, swimming areas, pavilions, and in the main building area or playgrounds of the campground.

208 No fires will be permitted on windy days or when “Dry Woods” conditions exist.

Water source shall be kept handy near fire site. A. All fires must be extinguished or covered prior to retiring for the day or

leaving the campsite. 209 All garbage must be kept in a tightly covered container, and properly disposed of

when leaving the campground. 210 No littering of any type is permitted.

Page 5: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

211 It is unlawful for a person less than twenty-one (21) years of age to consume, or

possess, alcoholic beverages. For the first offense, there will be a thirty (30)-day, in-season, suspension. A second offense will result in one year suspension.

212 Possession, use and/or distribution of illegal drugs or substances, if said action

results in prosecution by State or Federal Authorities, will result in immediate, indefinite suspension from the campground.

213 The dumping of grey water and sewage is permitted only at the dump station across

from the pavilion. 214 No burning of hazardous material including but not limited to: leaves, greenery,

plastics, construction materials, or household trash.

UTILITIES SECTION 300

301 Only persons approved by MCA management shall alter, modify or tap into MCA sewage systems. 302 It shall be the responsibility of the member to provide a closed, leak-free hook-up from his RV to the sewage tap of his campsite.

303 Only persons approved by MCA management shall alter, modify or tap into MCA electrical systems. 304 Dusk to Dawn lights shall be installed in the campground at the sites determined by

the Board of Directors. Installation shall be primarily for safety purposes. 305 Lights, of any type outside of the RV shall not exceed one-hundred-twenty (120)

watts per hour. 306 Any new or used RV brought into the campground shall be equipped with gas hot

water tanks only. All units shall be inspected by the manager. 307 Propane tanks shall be securely placed to prevent tipping and shall not exceed two

hundred (200) pounds per RV. 308 Gasoline, kerosene or campsite stove fuels shall be stored in approved containers,

the capacity limited to five (5) gallons. They shall not be stored on porch or deck. 309 Watering of lawns, washing vehicles or RV’s and private yard sales are prohibited on

holiday weekends.

Page 6: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

310 All water hoses must be disconnected from hydrant from Dec. 15th through March

1st .

GENERAL SECTION 400

401 Second refrigerators, (other than those in the RV’s) and Beer Meisters shall be

required to pay a fee. Refrigerators and Beer Meisters, for which a fee has been paid, are permitted only in sheds or on enclosed, lockable porches.

402 All air conditioners, unless covered, shall be required to pay a fee. Upon payment, a

sticker will be issued and must be displayed in full view of the road. 403 Air conditioners shall not be used to air condition porch or deck. A fine of one-

hundred-fifty dollars will be imposed for the first violation. A. Subsequent violations will result in a 30 day suspension and a $150.00 fine.

404 Washers, dryers, dishwashers and garbage disposals, are not permitted on a

member’s lot. Sinks, showers and commodes are permitted only in an RV. 405 It shall be the responsibility of each member to maintain his campsite. Beginning on

May 1st, a ten (10) day written notice shall be mailed out. After that time, a fifty ($50.00) dollar fine, plus time and labor cost, as established by MCA Management will be assessed to the lot owner for each grass cutting done by MCA.

A) The same shall apply to the removal of leaves and/or debris removed by MCA. 406 Only one (1) RV and one (1) tent shall be permitted on any campsite. No buses

and/or homemade campers will be permitted. 407 Subletting a campsite is not permitted. 408 Only approved RV’s, not exceeding four hundred (400) square feet, are permitted on a campsite.

409 Moved to Architectural Section 500 as Rule #517. 410 Signs, advertising a private business, are not permitted to be displayed on member’s

lot, trailer or golf cart. 411 No member will be permitted to use MCA grounds or facilities if his/her dues,

assessments, fees or fines are in arrears. Dues & Assessments are payable by APRIL 1 of EACH YEAR. Payments may be made in advance in order to assure

Page 7: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

full compliance with the April 1st deadline. If Dues & Assessments are not paid by April 15th, action will be taken to remove gate cards.

412 No person, under eighteen (18) shall remain in the campground overnight, without adult-member supervision.

413 Campsites, for safety and security, as well as for identification, must be identified

by section and lot number, at least 3” high. 414 A Holiday guest pass will be ten dollars ($10) and are payable by the member

requesting the pass. The four weekends considered a Holiday are - Memorial Day, MCA Fourth of July, Labor Day and MCA Halloween.

415 Moraine Camplands Association Inc. assumes no liability or responsibility for any

action(s) or activity undertaken by an individual not specifically addressed by these Rules and Regulations or By-Laws.

416 The leased premises shall be used only for camping purpose and lessee shall at no

time use the site as a permanent residence or for commercial purpose. Lessee agrees not to do anything to permit any condition to exist in the use or occupancy of the leased premises that would violate any Federal, State or Local law or regulation , including township ordinance.

ARCHITECTURAL

SECTION 500 501 Construction, alterations or modifications shall not begin without first obtaining

Building Permit. Only one (1) item may be checked for each request for a Permit, per application.

502 A one-hundred ($100) dollar annual assessment will be levied on anyone building

without a permit, or revising the issued permit in any way which has not been approved by the Architectural Committee or the Board of Directors.

503 Application for a Building Permit may be obtained at the office during normal

business hours. Sketch shall include overall dimensions, materials to be used and the location on the lot. If member’s request is in conformance with existing rules and regulations, a ninety (90) day permit shall be issued, within fourteen (14) days of application. Issuance and acceptance of Building Permit shall grant permission for Architectural Committee and Board of Directors to enter onto member’s lot and inspect construction while in progress, and when completed.

504 The permit shall be visible from the road while work is in progress. When work is

completed, or permit has expired, member must return permit to the office within 7 days. The Architectural Committee shall inspect the project. If additional time is

Page 8: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

required for the completion, member shall apply for another permit. A copy of permit and sketch shall be placed in a permanent file in the office.

505 Sheds shall be limited to one-hundred (100) square feet in area and nine (9) feet

from the interior top of floor to exterior peak of roof in height. No cellars or basements are permitted. Masonry products shall be used only in pads. One shed per lot.

506 Concrete or cement footers shall not be installed for porch, shed or deck. 507 Shed shall not be attached to RV, porch or deck. 508 Permanent beds, plumbing fixtures, electric heaters, hotplates, cooking stoves or

fireplaces shall not be permitted on porch, shed or deck. 509 The exterior of any structure on your lot must be maintained and kept from falling

into a state of failure or disrepair. 510 The side of the porch or deck adjacent to the RV shall not be finished construction

material. The RV shall be the finished interior wall. 511 Porch roof shall not exceed eighteen (18) inches in height above the highest point of

a flat roof RV, or the lowest point of a peaked roof of RV. No more than twelve (12) inches overlap, and twenty-four (24) inches overhang.

512 Porch or deck shall not exceed the length of the trailer excluding tongue, nor more

than twelve (12) feet wide. Additional open decks or patios are permitted providing hitch of RV is not blocked and parking space is maintained.

513 A gazebo shall be considered a screened room unless closed in above thirty-six (36)

inches; it shall then be considered a shed. Placement or location shall be the same as a shed.

514 Concrete, cement or asphalt shall not be installed on lessee’s lot over water, sewer or

electrical lines. If repairs are necessary, lessee assumes responsibility for removal and replacement of said construction materials. A liability release will be signed upon application of building permit before any construction.

A. Reinforcement materials in concrete or cement are prohibited. 515 Fences should not exceed 45 inches in height including posts and shall be an open

decorative type. No wire, chain link, snow or construction fences are permitted. 516 Gutters, floor and/or deck drains to catch and remove surface water shall not be connected to or be permitted to flow in sewage system.

Page 9: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

517 Wheels, tires, and tongues shall not be removed from an RV. Exterior of the RV shall remain as manufactured

RECREATIONAL, SOCIAL & SPORTS FACILITIES SECTION 600

601 The pavilions are available for use by any campground member in good standing on

a first come, first-serve basis after coordinating with the Committee activities schedule. A signup sheet is available at the office and shall be used to reserve the Lakeside Pavilions, Main Pavilion and Dining Room.

A - Subject to availability, the adult lounge is available at no charge on a first come, first serve basis through the office.

602 Additions and/or modifications to the Social and/or Sports facilities shall be

approved by the Board of Directors. 603 Campfires or cooking fires shall not be permitted on common or public areas of the

campground, except at the pavilion areas where facilities are provided and when registered at the office.

604 Policies for the use of common facilities will be board approved and shall be posted

at each facility and obeyed. Members are liable for damages to common facilities. 605 Fishing is not permitted in the swimming area of the lake, from either lakeside, the

island or from a boat. 606 The softball field in “E” Section is for the enjoyment of all members. The Social

Committee shall have priority over the ball field when scheduling events or sports activities. HARDBALL IS NOT PERMITTED.

607 Horseshoe courts, bocce courts, volleyball courts and the shuffleboard courts on

common property are for the enjoyment of all of the members. 608 No activity shall be permitted on the lake, a portion of MCA property, when weather

conditions such that freezing temperatures exist or when icy conditions exist. This prohibition is intended to include but is not limited to ice skating, ice fishing and activity on the lake in the winter months.

609 Children under twelve (12) must be accompanied by their parent(s) or responsible

guardian when attending dances.

610 No alcoholic beverages or smoking permitted within 100 feet of a teen or youth function.

Page 10: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

BOATS, KITES AND MODEL AIRPLANES

SECTION 700 701 Boat capacity shall not exceed four (4) people or 625 pounds. 702 All boats using the lake must have a Coast Guard approved floatation device for each

occupant. Children twelve (12) years of age and under must wear life jackets while in a boat. Standing in or jumping from a boat is prohibited.

703 Boats are not permitted in the swimming area or on the beach of the swimming area. 704 A white light must be visible on each boat used on the lake after dark. 705 Electric or internal combustion engines are not permitted on boats used on the lake. 706 Boats kept at MCA Lake must be locked to the pipe rack, or other approved areas at the Lakeside, when not in use. Storage fee for boats and canoes, not removed from

the lake area by October 31, will result in an assessment of fifty dollars (50). 707 Boats, other than those used on the lake shall not be anchored to the pipe rack. Boat

trailers shall not be parked on the green areas around the lake, at any time. 708 Boats shall be identified with the owner’s lot number, which shall be three (3) inches

high and clearly visible when boat is in or out of the water. 709 Motorized model boats shall not be permitted in the swimming area. 710 Motorized or rocket propelled model airplanes may be flown only at the ball field

when not in use. The owner shall assume all responsibilities and liabilities. 711 Kites shall not be flown with wire control lead.

CAMP SECURITY

SECTION 800 801 Members shall enter and exit the campground utilizing the Main Gate off Staff Road. 802 RV’s shall not be permitted to enter or exit the campground unless a RV trailer

release obtained at the office, is signed by the member. A. RV trailer releases are required for any trailer being moved from one lot to

another. 803 Members shall obey the instructions of the Security, Fire and Medical personnel.

Page 11: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

Members and guests not involved shall remain clear of the scene of the emergency and keep channel 1 of the CB radio open.

804 Gate cards, which shall be issued only to family members, are and shall remain the

property of MCA Camplands Association. One gate card per lot shall be issued, free of charge. Two (2) additional, non transferable gate cards may be purchased for five (5) dollars each, by the person whose name appears on a valid lease and/or any immediate family member with written permission of the lease holder. Each additional card may be purchased for twenty-five (25) dollars.

805 Before permitting entry of guests guards shall check the vehicle registration, issue a

car pass and retain the visitors pass. This car pass shall be displayed on the inside of the windshield on the left side at all times.

806 Members are responsible for the conduct of guests and are liable for damages

committed by guests, including vendors and contractors to whom entry was provided, either directly or indirectly with a pass or a gate card.

807 Any altercations, disturbances, vandalism, theft, harassment or fighting shall be

prohibited on MCA Property.

A - Verbal or physical abuse of MCA Staff or their agents shall be subject to penalties prescribed herein.

808 Any violations of the Rules and Regulations or By-Laws shall be handled in accordance with “Procedures for Hearings on Violations of Rules and Regulations or By-Laws”, attached hereto.

Page 12: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

808A. MORAINE CAMPLANDS ASSOCIATION, INC. NOTICE OF COMPLAINT

TO: DATE:

You are hereby notified that a Complaint has been filed against you alleging a violation of the Association Rules and Regulation s or By-Laws. A copy of the Complaint is attached hereto, you may request to speak to the Manager and receive copies of any other documents pertaining to this Complaint from the Secretary of the Board of Directors.

You have the right to a hearing, to appear, to be represented by an attorney, to question the Complainant and any witnesses appearing at the time of hearing, present relevant evidence and to testify on your own behalf. At your discretion, you may also have relevant witnesses testify on your behalf.

If you do not respond within ten (10) days of receipt, utilizing the attached copy of this form, the Hearing Board shall act upon the Complaint based on the procedures established and voted upon by the membership.

Very Truly Yours,

Secretary of the Board of Directors Moraine Camplands Association, Inc.

Select one of the following for your response: ____I do not wish to appear before the Hearing Board nor receive any additional notice regarding this Complaint. ____I wish to request an open hearing. ____I wish to request a closed hearing. Served on (date): □ certified mail: □ hand delivery by: to @

Page 13: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

BASKETBALL & TENNIS COURT RULES

SECTION 900

901 Bicycles, tricycles, roller skates, roller blades, scooters, skate boards or other riding

toys or vehicles are NOT permitted on basketball or tennis courts. 902 Use of basketball or tennis court is restricted to one (1) hour if others are waiting to

use the court(s). 903 Tennis shoe hockey, with a ball, is permitted on the basketball and tennis court.

SWIMMING POOL & LAKE SWIMMING

SECTION 1000 1001 Instructions of MCA Pool/Lake Security staff shall be observed. 1002 Diving into pool is NOT permitted. 1003 Swimming shall only be permitted at MCA pool during posted MCA pool hours.

A – The MCA Lake swimming area is “swim at own risk” daily from 8am – 8pm.

1004 Horseplay or playing ball in the swimming area of the lake and/or pool is NOT

permitted. 1005 Oversize rafts are NOT permitted inside of lake swimming area and/or swimming

pool when it is determined crowded conditions exist by MCA Pool/Lake Security staff.

Page 14: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

Procedures for hearings on violations of Rules and Regulations or By-Laws SECTION 1100

1100 A Complaint for the violation of the MCA Rules and Regulations or By-Laws may

be filed by any of the following:

a. A member in good standing with MCA; b. The Board of Directors; c. The MCA Security Manager; d. MCA Security personnel.

1101 The Complaint filed shall be substantially in the form attached hereto. 1102 A minimum of fifteen (15) days’ notice is required prior to a hearing. Notice shall be

provided by certified mail addressed to the accused at the address provided to MCA or by personal hand delivery by a competent adult to the accused or to an adult member of the family with whom the accused resides, or if no family is found to an adult person in charge of the residence or lot.

1102* The Hearing Board has the authority to act on all Complaints, conduct hearings,

decide if a violation occurred and impose penalties for violations of MCA Rules and Regulations or By-Laws. The Hearing Board shall be composed of the Board of Directors.

1103 Any alleged violation of the MCA Rules and Regulations or By-Laws shall be

brought to the attention of the Hearing Board by the filing of a Complaint with the Manager of the Association. The Complaint shall be substantially in the form as depicted in Rule 1101 A. In the event that material within the Complaint is for informational purposes only, the Complainant may indicate so on the Complaint and the Hearing Board shall take the information under advisement only.

1104 Upon receipt of a Complaint, the Manager of the Association shall forward the same

to the Secretary of the Board of Directors. For all Complaints, other than those filed for informational purposes, the Secretary of the Board of Directors shall provide notice of the Complaint to the Accused utilizing the form entitled Notice of Complaint outlined at Rule 808A and attaching a copy of the Complaint thereto.

1105 The Notice of Complaint shall be served by certified mail addressed to the Accused

at the address on file with MCA or by personal hand delivery by a competent adult to the Accused at any location, or to an adult member of the Accused’s family found at the Accused’s Lot, or to any Lessee of the Accused’s Lot. If service cannot be achieved by the prior listed methods then to an adult member of the family with whom the Accused resides, or if no family is found to an adult person in charge of the residence where the Accused resides.

Page 15: MCA RULES AND REGULATIONSmcacamplands.org/forms/MCA RULES AND REGULATIONS.pdf · “MCA Property” is defined as parks, playgrounds, swimming pools, golf courses, commons, streets,

1106 Upon service of the Notice of Complaint, the Accused shall have ten (10) days to

respond to the Secretary of the Board of Directors as indicated in the Notice of Complaint.

1107 Upon receipt of the Accused’s response indicating a preference in hearing type or

upon expiration of the time period for response, the Secretary of the Board of Directors shall provide to the Accused and the Complainant a Hearing Notice, in the form substantially attached hereto, a minimum of fifteen (15) days’ in advance of the hearing. The Hearing Notice shall be provided to both the Accused and the Complainant in the same manner as the Notice of Complaint is provided to the Accused as outlined in Rule 1105.

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1107A [Date] [Name] [Name] [Address] [Address] [Address] [Address] [Lot #] [Lot #] Complainant Accused

NOTICE OF HEARING Dear ______: An open/closed hearing shall be held on [date] at [time]. The hearing shall be conducted at [place of hearing]. This hearing is in reference to the Complaint filed by the Complainant against the Accused with an alleged date of violation of [date of violation from Complaint]. If you have any questions, please call the office during regular business hours.

Sincerely,

Secretary of the Board of Directors of Moraine Camplands Association, Inc.

□ certified mail:

□ certified mail: □ hand delivery by: to @

□ hand delivery by: to @

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1108 For purposes of clarity, in the event that the Accused does not wish to appear

before the Hearing Board, no Hearing Notice will be provided to the Accused. In this event, Hearing Notice shall only be sent to the Complainant following the procedures outlined in Rule 1107.

1109 It shall be the obligation of the Accused and the Complainant to provide notice of

the hearing to any witnesses that they wish to appear. 1110 The Hearing Board, after having established a quorum, shall conduct all hearings,

using the procedures established herein. 1111 The Hearing Board, at its discretion, shall select either the attorney for the

Association or one member of the Hearing Board to act as Chairman. The Chairman shall preside over the hearing and rule on the evidence or objections presented.

1112 The Complainant and the Accused shall have the right to be present at the hearing,

to testify, to present witnesses, to cross-examine those individuals appearing and to be represented by an attorney if so desired. The MCA Security Manager shall have the ability to appear on behalf of any MCA Security Personnel identified as Complainant in the event of the MCA Security Personnel’s unavailability.

1113 The hearing shall be open to all Members of the Association, unless otherwise

requested to be closed by the Accused or Complainant. The Accused, the Complainant and relevant witnesses shall be permitted in the closed hearing.

1114 Any member of the Hearing Board or the Association Attorney may question or

seek additional information from the Accused, Complainant or any witness. 1115 The testimony and evidence at the time of hearing shall be confined to the alleged

violation set forth in the Complaint. Technical Court rules of Evidence shall not apply, however, testimony and evidence shall be relevant to the matters alleged in the Complaint.

1116 The order of the hearing shall be as follows, for clarity, the matters contained within

A & B may be presented in any order determined by Complainant or Accused with the only requirement being the Complainant’s presentation concludes before the Accused commences:

A. Complainant’s testimony, witnesses and evidence B. Accused’s testimony, witnesses and evidence C. Complainant’s rebuttal

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D. Accused’s rebuttal 1117 After hearing all testimony, witnesses, evidence and the rebuttals of the parties, the

Hearing Board shall convene in a closed session to decide by a vote of the majority whether or not a violation has occurred.

1118 If the Hearing Board determines that a violation has occurred, the Hearing Board

shall set and fix the penalties as follows:

A. The penalties for violation of Rules 204, 208 and 807 shall be:

1. The first violation shall result in a thirty (30) day in-season suspension;

2. Subsequent violation(s) shall result in a one (1) year suspension.

B. The penalties for violation of the Rules in Section 300 (Utilities); 400

(General) and 500 (Architectural) shall be:

1. The first violation shall be a warning letter requesting compliance with the Rule within ten (10) days. The Hearing Board at its discretion may grant reasonable extensions of this timeframe when warranted.

2. Unless a specific fine is detailed in the violated Rule, the Hearing

Board, at its discretion may also assess a fine of no less than $5.00 and no more than $25.00, per month, until compliance with the Rule is achieved.

3. Subsequent violation(s) shall result in an in-season suspension of

not less than fifteen (15) days.

C. The penalties for all other violations shall be:

1. The first violation shall be either a warning letter or an in-season probation of no less than thirty (30) days nor more than one (1) year.

2. Subsequent violations may be one of the following as the Hearing

Board determines in its discretion: a) warning letter; b) one (1) year probation; c) in-season suspension of not less than fifteen (15) days.

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D. After any suspension assessed under A-C above, an automatic one (1) year probation period shall occur.

E. Any records of violations may be expunged one (1) year after the

completion of all penalties. 1119 The Complaint and Accused shall be notified of the decision of the Hearing Board

by written correspondence sent to their addresses on file with MCA. The notification shall be substantially in the following form.

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1119 A.

[Date] [Name] [Name] [Address] [Address] [Address] [Address] [Lot #] [Lot #] Complainant Accused

NOTICE OF HEARING BOARD DETERMINATION Dear ______: As you are aware, a hearing was held on [date] regarding the Complaint filed by the Complainant against the Accused. The determination of the Hearing Board is: □ No violation has occurred. □ Violation has occurred. The penalty imposed for the violation shall be:

If you have any questions, please call the office during regular business hours.

Sincerely,

Secretary of the Board of Directors of Moraine Camplands Association, Inc.

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Standing Membership Motions

1. 071402-01 Motion: Herky Kleppick(C-046/Bob Rosensteel(E-057)- The BIA emergency fund may not be used or spent for any purpose unless approved by a majority vote of the membership having formed a quorum at a meeting called for that purpose. Motion: Carried

2. 071402-02 Herky Kleppick(C046)/Mary Ellen Purnell (H-071)- The Board of Directors acting on behalf of the Membership, is hereby ordered and directed to make annual contributions to the BIA emergency fund from corporate money. This contribution will be a minimum equal to 30% of the net retained earnings before any transfers to Capital Improvements. Motion: Carried