Facilities Usage & Violation Process
All indoor and outdoor recreational areas in Nassau Grove (common elements) collectively referred to as the facilities or amenities are for use by homeowners in the HOA.
Every homeowner using any of Nassau Grove’s amenities, including the clubhouse, the exercise equipment, pool or amenity features such as fireplace, grill, tennis/pickleball court, horseshoes, and bocce equipment and/or court, agrees to the following:
- Submission of signed Facilities Use and Waiver Form;
- Full responsibility for your conduct and the conduct of your guests and tenants, if applicable;
- Abide by the rules and guidelines for each amenity;
- Absolve the HOA of any liability or responsibility for use of the facilities by homeowners, their guests and/or tenants;
- Key card access to the pool and/or clubhouse may be deactivated for rule violations of these amenities.
Homeowners witnessing a violation should contact Regina Martone, Community Property Manager, HPS Management at (302) 227-7878, ext. 132 or regina.martone@hpsmanagement.com. Vandalism to the clubhouse, pool, clubhouse or pool property, or any other amenities may result in fines and denial of access and use. The reported incident will be assessed by the Community Property Manager to determine if a violation has occurred. Note: Data from the key card access system and from surveillance cameras in use in and around the clubhouse and pool area will be used to support the occurrence of a rule violation.
Summation of the process found in the HOA Declaration, Section 29:
- The Council shall serve the alleged violator with written notice describing:
- The nature of the alleged violation;
- The proposed sanction to be imposed;
- A period of not less than 10 days within which the alleged violator may present a written request for a hearing to the Council;
and - A statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 10 days of the notice.
- If a timely request for a hearing is not made, the sanction stated in the notice shall be imposed; provided the Council may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 10-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any person.
- If a hearing is requested within the allotted 10-day period, the hearing shall be held before the Council in Executive session. The alleged violator shall be afforded a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator or its representative appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.
