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members, business invitees or tenants. Accordingly, each member is responsible for fines or any other penalties that result from the misconduct of these individuals. 5. Hearing Procedure. a. Staff designated by the general manager, upon reviewing the photo radar evidence and the Association records and ascertaining the member responsible for the alleged violation, shall prepare a written notice of citation to that member advising the member of the: • Alleged violation; • Date, time and place of the incident; • Potential fine or other penalty; • Date, time and place of the violation hearing; • The notice letter shall include a print of at least one photo frame from the photo radar unit depicting the alleged violation. b. The committee deemed appropriate by the Board shall be responsible for the initial hearing on any alleged violation of these rules. The committee shall serve at the pleasure of the Board. c. The committee shall view the evidence presented by the responsible staff member(s) at the hearing on the alleged violation as well as any relevant evidence or defense that may be presented by the member alleged to be responsible for the violation. A member may also submit a written defense for the committee's consideration prior to the hearing. d. If the member who is the subject of the citation fails to attend his/her hearing, the committee shall consider the evidence presented by Association staff and make a determination based thereon, unless prior to the commencement of the hearing, the Association has received a payment from the subject member of the amount of the proposed fine; in which case, it shall be presumed that the member has accepted responsibility for the alleged violation and that the violation in the citation was true. e. The committee shall make its determination based upon the preponderance of the evidence presented. (Proof beyond a reasonable doubt is not required.) f. Within 15 days of the conclusion of the hearing before the committee, staff shall cause to be sent to the subject member a notice of the results of the committee hearing decision in writing. If the result of the hearing was to find the member responsible, the notification letter shall set forth the amount of the fine(s) or other discipline as imposed by the committee along with instructions regarding payment. If the committee found the subject member was not responsible for the alleged violation, the notice shall so state, and no further enforcement action shall be taken against the subject member for that alleged violation. 6. Appeal to the Board of Directors. Within 15 days of the Association's notification of the results of the hearing before the committee, if the finding of the committee was adverse to the subject member, that member may submit an appeal, in writing, to the Board of Directors stating the grounds for the member's appeal. If such a notice of appeal is timely received, the Association shall not take further collection or enforcement action pending an appeal hearing before the Board of Directors. The Association shall notify the appealing member of the date, time and place of an appeal hearing before the Board of Directors. The Board of Directors shall conduct the appeal hearing, considering evidence from Association staff and from the appealing member, and notify the subject member within 15 days of the results of that hearing. The determination of the Board of Directors upon such an appeal shall be final. All hearings of the committee and the Board of Directors shall be conducted in executive session to protect the privacy of the affected members, unless a member specifically requests his/her citation hearing be held in an open session. The foregoing rule change is authorized for adoption by the Board of Directors pursuant to California Civil Code Section 4360; Article VII, Section 2(b), of the Association's Bylaws; and Article VI, Section 6.2(g), of the Association's CC&Rs. | sun lakes lifestyles | OCtOBeR 2015 | 9

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