§ 4.1   Purpose and Scope

Routine enforcement of the Rules and Regulations should not require the Board to vote at a noticed meeting on whether to issue a towing notice for an expired-registration vehicle that has been parked in overflow parking for three months. This Chapter establishes a standard escalation ladder, drawn from the existing Sommerset Enforcement Policy, and a delegation of routine enforcement to the Management Company (with Subcommittee and Board involvement at the upper rungs), so that low-level violations are resolved promptly without consuming Board time, and serious or contested matters are escalated to the appropriate decision-maker.

§ 4.2   Categories of Violation

• Parking violations. Vehicles parked outside designated areas; expired registration; prohibited vehicles (campers, trailers, oversized); living in vehicles; more than one vehicle per home in overflow parking; obstruction of fire lanes and emergency access.
• Architectural violations. Unapproved exterior modifications, landscaping changes, solar or HVAC installations, or other Owner-Modified Components implemented without Architectural Committee approval under CC&R Article 7.
• Use-restriction violations. Short-term rentals, business uses, unauthorized occupants, occupancy-density violations, no-timeshare violations.
• Nuisance violations. Noise, pet, trash, weeds, and unkempt-condition violations visible from Common Area or affecting other Owners.
• Conduct violations. Abusive conduct toward Association staff or contractors; threats; public-safety conduct (see Chapter 5).

§ 4.3   Sommerset's Fining Schedule (Existing Enforcement Policy)

The Sommerset Enforcement Policy on file establishes the following schedule for monetary discipline, subject to the notice-and-hearing requirements of Civil Code § 5855:

Authority. Sommerset HOA Enforcement Policy / Fining Schedule (on file). The Association reserves the right to institute any of the remedies regardless of whether the violation is a first, second, or third offense, depending on the severity and frequency.

§ 4.4   Delegated Enforcement Authority

The Board hereby delegates enforcement authority as follows, subject in every case to the due-process requirements of Civil Code § 5855 and the Enforcement Policy:

4.4.1   Delegated to the Management Company

• Issuance of Warning Letters (Rung 1) for any violation observed by Management Company personnel or reported in writing by an Owner. No prior Board action required. Reported on the next Board's Violation Report.
• Issuance of Formal Violation Letters (Rung 2) where the Warning Letter has not produced cure within the time stated, or where the violation is a repeat of the same conduct after a prior cure. No prior Board action required.
• Issuance of Notices of Hearing (Rung 3) following Rung 2 where no cure is achieved. No prior Board action required to issue the Notice; the hearing itself is conducted by the Board in Executive Session.
• Issuance of Towing Notices under California Vehicle Code § 22658 for vehicles in the following pre-defined categories, without further Board action: (a) blocked fire lanes or emergency access; (b) vehicles abandoned in Common Area for more than 72 hours with no current registration; (c) vehicles in violation of an active Rung 2 Formal Violation Letter that has not been cured within the stated period. All other towing requires prior approval of the RML Subcommittee or, where time permits, the Board.
• Routine collection action under the existing Collection Policy (adopted January 31, 2024), including issuance of Intent-to-Lien letters, application of late charges and interest, and payment-plan administration within the Collection Policy's parameters.

4.4.2   Delegated to the FLI Subcommittee (until a Compliance/Violations Subcommittee is established)

• Hearing preparation for Rung 3 matters, including coordination with counsel where the violation involves potential criminal conduct or threats of legal action.
• Recommendation to the Board on fine amount within the Enforcement Policy schedule, choice of ADR vs. IDR vs. direct hearing, and recommendation on referral to counsel for civil action.
• Approval of non-routine towing referrals under VC § 22658 where the conditions in § 4.4.1 are not satisfied.

4.4.3   Reserved to the Full Board

• Conducting the discipline hearing in Executive Session under Civ. Code §§ 4925 and 5855.
• Imposing the fine, the Reimbursement Assessment, the suspension of privileges, or any other discipline.
• Authorizing civil action against an Owner, tenant, or occupant.
• Adopting or amending the Enforcement Policy itself.

§ 4.5   Due Process under Civil Code § 5855

Before any fine, Reimbursement Assessment, or suspension is imposed, the Owner shall receive (a) at least ten (10) days' written notice of the date, time, and place of the hearing, (b) a statement of the nature of the violation and the Governing Document provision(s) at issue, and (c) the opportunity to attend the hearing in person or in writing. The Board's decision is reported to the Owner in writing within fifteen (15) days of the hearing per Civil Code § 5855(c).

§ 4.6   Existing Policies Incorporated by Reference

• Sommerset Enforcement Policy and Fining Schedule (on file).
• Sommerset Collection Policy (adopted January 31, 2024).
• Sommerset Emergency Powers and Procedures Policy (adopted May 25, 2022).
• Sommerset Solar Installation Policy (adopted July 28, 2022).
• CC&Rs Article 6 — Use Restrictions; § 6.8 — Vehicles and Parking; § 6.12 — Nuisance; § 6.14 — Dangerous Use/Indemnification.
• California Civil Code §§ 5855, 5910, 5935; California Vehicle Code § 22658.

§ 4.7   Implementation Notes

• Operative Enforcement Policy. The Sommerset Enforcement Policy currently on file is the operative Policy. If amended, the operative version is attached to this Chapter as Appendix A.
• Vehicle Code § 22658 signage. The Secretary, working with the Management Company, confirms that HOA-tow signage is posted with the content and at the locations required by Vehicle Code § 22658. The standing towing authority delegated in § 4.4.1(d) is conditioned on signage being current at the time of any tow.
• Compliance/Violations Subcommittee. The Board may at a later date establish a stand-alone Compliance/Violations Subcommittee under Chapter 2 § 2.6 to take over the Rung 3 work currently assigned to the FLI Subcommittee. Until that decision is made, FLI retains the role.
• Fining schedule. The fining schedule in § 4.3 ($100 / $250 / $500) is the operative schedule. The Board has not adopted any revision and any future revision will follow the standard rule-adoption process under Civil Code § 4360.