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Eaglewood Judicial Council Charter

Authorization & Purpose

BYLAWS ARTICLE VIII COMMITTEES SECTION

(1) The Board may appoint committees as deemed appropriate in carrying out its purposes including, but not limited to:

(2) The Eaglewood Judicial Council, which shall hear and decide appeals from decisions of the Board on all matters specifically provided for in the Declaration and shall perform such other functions as the Board, in its discretion, may determine.

VIII.III Eaglewood Judicial Council: Appeals

Any member against whom a Special Assessment or penalty has been imposed pursuant to these sections who deems that such was unfairly imposed, either because he did not violate a Rule, Regulation, or provision as charged or because the Special Assessment or penalty imposed is unduly severe, may appeal from the imposition of the Special Assessment or penalty by filing a statement to that effect with the Secretary of the Association within forty-eight (48) hours following receipt of notice of such Special Assessment or penalty and failing same the Special Assessment or penalty shall be effective. All appeals shall be determined by a body to be known as the "Eaglewood Judicial Council" in accordance with such rules and procedures as such Council may adopt from time to time. The Eaglewood Judicial Council shall consist of not less than three (3) nor more than five (5) residents of Eaglewood who shall be appointed by the Directors to adjudicate appeals. The Directors may remove any member of the Eaglewood Judicial Council from office at any time and may appoint new or additional members at any time. The Association shall keep on file at its principal office a list of the names and addresses of the members of the Council. A quorum of the Council is two (2) members. The Council shall render its decision on appeals determined by it in writing and notice thereof shall be given to the person upon whom the Special Assessment or penalty was imposed. Pending a decision on appeal, collection and enforcement of the special Assessment or penalty shall be stayed. The decision of the Council shall be binding on the person upon whom the Special Assessment or penalty is imposed to the extent permitted by Alaska law.

Application for Judicial Council Membership

An applicant must:

  1. Be current on his/her Homeowner Dues.
  2. Have a thorough working knowledge of both the:
    1. PC&Rs
    2. Supplemental Rules
  3. Attend, as an observer, 1 meeting after announcing his/her intention to apply for the Committee.
  4. Have his/her name submitted to the Board of Directors, for approval, by the Judicial Council Chairman after attending the meetings above.

Member Duties

Members must:

  1. Bring an electronic or hard copy of the PC&Rs and Supplemental Rules, for reference, to all DC meetings.
  2. Participate in any email streams between meetings.
  3. Make all decisions based on the PC&Rs and Supplemental Rules.
  4. Render a determination not later than two weeks after receipt of appeal package