3.5. Penalties for violations of this policy shall be determined by the President 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 President determines that a fine or suspension of privileges is warranted, the individual fined or suspended will be advised of their due process of Page 2 of 2 appeal and the President will so advise the Board of Directors. The procedures set forth in the Governing Documents shall be followed. (Reference Rules and Regulations 4.C.) 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 subsection 2 above, the Foundation will send a written notice to the Member on whom the fine or suspension will be imposed, notifying 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. 2.2. Cell phones are to be silenced when in the building and phone conversations taken outside. 2.3. Political campaigning is permitted only in the parking lot and outside the main entrance. 2.4. There is a charge for photocopies, computer paper, and fax transmissions. 123 Pelican Bay Member Guide 2023 PelicanBay.org
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