ANTARES HOMEOWNERS ASSOCIATION
BYLAWS
PAGE 22
ARTICLE XI (cont.)
11.4. Fiscal Year.
The Board shall determine the Association's Fiscal Year. The Fiscal Year is subject to change as
the Board determines.
ARTICLE XII
12. Notice and Hearing Procedure.
12.1. Suspension of Privileges.
If an alleged violation of the Restrictions occurs, and after written notice of such alleged
violation is delivered personally or mailed to the Member or any agent of the Member
("respondent") alleged to have committed the violation in the manner herein provided, by
first-class mail or by certified mail return receipt requested, or both, the Board may, after
affording the respondent an opportunity for an appropriate hearing as hereinafter provided, and
upon an affirmative vote of a majority of all Directors on the Board, take any one (1) or more of
the following actions: (a) levy a Special Assessment as provided in the Declaration; (b) suspend
or condition the respondent's right to use any recreational facilities the Association owns,
operates or maintains; (c) suspend the respondent's voting privileges as a Member, as provided in
the Declaration; (d) enter upon a Residence to make necessary repairs, or perform maintenance
which, according to the Declaration, is the responsibility of the respondent; or (e) record a notice
of noncompliance encumbering the respondent's Condominium. Any such suspension may not
be for a period of more than thirty (30) days for any noncontinuing infraction, but in the case of a
continuing infraction (including nonpayment of any assessment after the same becomes
delinquent) may be imposed for so long as the violation continues. The Board's failure to
enforce the Restrictions does not waive the right to enforce the same thereafter. The remedies set
forth above and otherwise provided by these Bylaws are cumulative and not exclusive.
However, any individual Member must exhaust all available internal Association remedies
prescribed by the Restrictions before that Member may resort to a court of law for relief with
respect to any alleged violation of the Restrictions by another Member. The foregoing limitation
pertaining to exhausting internal remedies does not apply to the Board or to any Member where
the complaint alleges nonpayment of Annual Assessments, Special Assessments, Capital
Improvement Assessments or Reconstruction Assessments.
12.2. Written Complaint.
A hearing to determine whether a right or privilege of the respondent under the Declaration or
these Bylaws should be suspended or conditioned, or whether a Special Assessment should be
levied, shall be initiated by the filing of a written Complaint by any Member or by any officer or
member of the Board with the President or other presiding member of the Board. The Complaint
shall constitute a written statement of charges which shall set forth in ordinary and concise
language the acts or omissions with which the respondent is charged and a reference to the
specific provisions of the Restrictions which the respondent is alleged to have violated. A copy
of the Complaint must be delivered to the respondent in accordance with the notice procedures
set forth in the Declaration, together with a statement substantially in the following form: