Violations of Lake Iroquois Covenants
Upon the observation of an infraction of a rule by a Security Monitor or the Head of Security, or, upon the receipt of a complaint of an infraction by a Member to the Head of Security, a written courtesy warning to the Member (or parents of the member should the violator be a child) shall be made by the Head of Security.
Upon the second infraction of a rule, the Head of Security shall send a written notification to the Member (or parents of the member should the violator be a child ).Upon the third infraction of a rule, disciplinary action will be initiated by the Board following normal disciplinary procedures.
Rules for implementation for Section 3 of Article 4 of the By-Laws of Lake Iroquois Association
1. It shall be necessary only for a quorum of the Board of Directors to be present at the hearing and the quorum shall have the right to determine the matter.
2. If a Director is to be a witness at the hearing, that Director shall not sit in judgment and shall not be counted as a part of the quorum for the purpose of the hearing.
3. A suspension shall be given only for the violation of any of the following:
a. The covenants and restrictions of Lake Iroquois Subdivision as set forth in the records of Iroquois County, Illinois.
b. The violation of any rules or regulations duly passed and adopted by the Board of Directors of Lake Iroquois Association.
c. The violation of any statutes of the State of Illinois.
d. The violation of any ordinances of the County of Iroquois.
4. Written action of the hearing must be served personally or by certified mail, return receipt requested,delivery limited to addressee only, to the person or persons whose privileges are to be reviewed or their agent appointed to receive service of process not less than three days before the hearing.
5. Said notice must contain the following:
a. A statement that a hearing will be held before the Board of Directors for the purpose of determining whether or not the privileges of the person to the use of Lake Iroquois, the boat ramp, and the public or community areas, owned and controlled by the Association shall be suspended.
b. The time and place of the hearing.
c. The statement as to the particular covenant or restriction, or rule, or regulation, or state statute, or county ordinance, or by-law that the person allegedly violated.
d. A statement as to the maximum time that the Board may suspend the privileges, together with a statement that the Board may, at the hearing, reduce the days of suspension.
e. A statement as to which privileges the Board will consider suspending.6. The accused shall have the right to be represented before the Board of Directors at the hearing by legal counsel.
7. Evidence shall be presented at the hearing and all evidence presented shall be under oath. The oath shall be administered by one of the members of the Board of Directors hearing the matter.
8. Evidence by the complaining witness shall be taken first. The person or persons whose privileges are being reviewed shall present their evidence immediately thereafter. Rebuttal evidence by the complaining witness may then be given. After the rebuttal evidence is given, oral arguments may be presented first on behalf of the complaining witnesses and secondly of behalf of the person or persons whose rights are being reviewed. After argument the Board of Directors shall retire to discuss the matter outside the presence of the witnesses. A majority vote of the quorum of directors will be sufficient to determine the matter.
9. The decision of the Board of Directors shall be final.