3.
Foundation Procedure
3.1. Upon the receipt of an Incident Form, the Foundation shall conduct an investigation of the incident.
3.2. Notice of filing of the Incident Form shall be communicated within seventy-two (72) hours to the Member, Tenant
or Guest involved in the alleged incident. m3.3. Once Foundation management has completed its investigation, the
Board shall mreview results of the investigation and take appropriate action.
3.4. The Foundation shall report the results of the investigation and the decision of the Board to the Member, Tenant
or Guest and the employee who submitted the Incident Form.
3.5. Penalties for violations of this policy shall be determined by the Board based upon the circumstances of each
particular incident and may include verbal warnings, written warnings, fines or suspension of privileges for use of
Foundation amenities.
3.6. In the event the Board determines that a fine or suspension of privileges is warranted, the procedures set forth in
the Governing Documents shall be followed.
4.
Member Retaliation
: There shall be no retaliation of any kind against any employee who reports or witnesses a violation of
this policy, submits or signs an Incident Form, or participates in an investigation of a reported incident.
4.C. FINING AND SUSPENSION OF MEMBERS FOR
VIOLATIONS OF THE GOVERNING DOCUMENTS
1.
Violations of Governing Documents
: The following rules apply to violations of the Governing Documents.
1.1. Verbal notice of a violation to Members shall only occur when the Staff determines that the violation requires
immediate corrective action. The Employee giving the verbal notice shall describe the corrective action necessary
and the time frame for correcting the violation. The time frame may differ based on the nature of the violation. For
example, a violation of a rule that endangers the safety of any person (such as a violation of the Sailing Rules), may
require immediate correction, a person violating a rule where the violation does not endanger the safety of any person
may be given a certain number of days to comply.
1.2. All other notification of violations shall be in writing and shall describe the corrective action necessary and the
time frame for correcting the violation. The time frame may differ based on the nature of the violation.
1.3. A Member may be fined for violations of the Governing Documents by such Member, the Member’s Tenant, the
Member’s Guests, or any person hired by the Member to perform services for the Member in the Community. The fine
shall be the maximum allowable by Florida State Law.
2.
Suspension of Member’s Rights
: The Foundation may suspend all rights of a Member, and the Member’s Tenants and
Guests, to use Common Areas, including Amenities, if the Member or the Member’s Tenant, Guests, or any person hired by
the Member to perform services for the Member in the Community, violates any provision of the Governing Documents.
3.
Hearings
: Before a fine may be levied pursuant to subsection 1.3 above, or before a suspension occurs pursuant to subsec-
tion 2 above, the Foundation will send a written notice to the Member on whom the fine or suspension will be imposed, notify-
ing the Member that they have fourteen (14) days to request a hearing in writing. If the Member sends a written request for a
hearing to the Foundation within fourteen (14) days, the Board shall appoint the Member Policies and Relations Committee
to conduct a hearing. Members of the Committee may not be related to an Officer or Director. The violating Member shall be
given notice of the hearing and may attend and present the Member’s position. If the Committee, by majority vote, does not
approve the proposed fine or suspension, it may not be imposed.
4.
Legal Action
: Regardless of the type of violation, after the above actions have been exhausted, the Board of Directors may
institute legal action against the violating Member.
4.D. SMOKING
1.
Foundation Property
: Smoking of any kind, including vapor cigarettes, is prohibited on Foundation property.
5.A. COMMUNITY CENTER
1.
Eligibility
: The Community Center may only be used by persons holding a Foundation Issued Card and Accompanied
Guests. Persons holding a Guest Card may not bring guests.
2.
General Rules
2.1. Smoking is not permitted.
Pelican Bay Member Guide 2018
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