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Grievance Procedure

1. There will be a Grievance Committee consisting of [3] persons. One [1] person will act as Chair of the committee, the other two will serve on the committee in support of the Grievance Chair appointed by the Board. Committee Chairperson – John Reynolds –

2. When there is a violation, a homeowner will report the violation to the Grievance Chair, either by telephone, email or mail.

3. The grievance will be assigned a number [#] and logged into a grievance log. The Grievance Log will record all of that grievances communications, written or otherwise until the matter is closed. When the grievance is closed the number will end in a [C].

4. The Grievance Chairperson will notify the owner of which the grievance was
reported on;

a. The owner will receive a telephone call and a letter from the Grievance Chairperson.

b. If the owner acknowledges that such a violation exists, they will be expected to remove the violation and restrict future actions that would bring about the re-creation of the violation. Removal of the violation is expected within 30 days.

c. If there is no response from the homeowner;

i. The Grievance Chair will then mail a certified letter to the homeowmer in violation setting forth the expectation for corrective action. The certified letter will also explain the right of the homeowner to schedule an appearance before the Grievance Committee.

d. The owner can abate the violation;

i. If the owner feels that there is no violation present, they will respond to the Grievance Chairperson with an explanation either by email, or postal mail.

e. The owner has the right to appear before the Grievance Committee;

i. The Grievance Committee will meet with the resident in violation at a date and time that is convenient for all parties.

ii. The Grievance Committee will convene a hearing. Evaluate the evidence and make a ruling on the existence of the violation, and where appropriate mitigate further actions with respect to the violation.

iii. If the Grievance committee upholds the violation, they will notify the Complaintant, Owner in Violation, and the MDHOA Board.

5. If the Owner fails to respond to the certified letter by the Grievance Chairperson, or fails to take appropriate action to cure the violation within the stated time period, and does not exercise their right to meet with the Grievance Committee, The Grievance Chairperson, after conferring with the MDHOA Board will issue a 2“ certified letter that will explain the actions that the Board Authorizes based on Covenant Sections 7, 10, 14.

6. If no parties can agree on anything then the MDHOA will revert to Covenant Section 18, Paragraph [2] which states the following;

a. If the parties hereto, or any of them, or their heirs, successors, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property which is subject to these or substantially similar covenants to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent it, her, him or them from doing or recover damages or other dues for such violations.

7. If the violation falls under the Towm of Cary Laws, the Grievance Chairperson will notify the Town of Cary of the violation and notate it in the log.

Reference: This procedure was voted on and approved on 9/01/2010 at the monthly MacGregor Downs Homeowners Association Board Meeting.