PGA WEST MASTER ASSOCIATION
COMPLIANCE COMMITTEE
CHARTER/GUIDELINES
PURPOSE: To provide guidance and authority for the Compliance Committee (hereinafter “Committee”),
formed per the Covenants, Conditions & Restrictions (hereinafter “CC&Rs”) of PGA WEST Master
Association, Inc. (hereinafter the “Master Association”), which is charged with administering rule
compliance and enforcement procedures currently set forth in the Combined Rules and Regulations and
Vendor Transponder Rules, as such Rules may be amended and/or restated from time to time (collectively
the “Rules”) by the four PGA WEST Communities: PGA WEST Residential Association, Inc.; PGA WEST
II Residential Association, Inc.; PGA WEST Fairways Association, Inc. (hereinafter collectively known as
the “Residential Associations”); and the Maser Association, whose members comprise each Member of the
Residential Associations.
MISSION STATEMENT: To assist the Master Board in the timely and accurate processing of infractions
of the Rules and to seek input of the Committee on proposed changes to the Rules, which prior to being
adopted receive approval by all four Boards of Directors.
MEMBERS: The Committee shall consist of a director of the Master Association Board of Directors who
is not a director of any Residential Association’s Board of Directors, and three (3) Compliance Committee
members, one (1) from each Residential Association, who may be directors of the Boards of Directors or
homeowners of such Residential Associations. Committee members from the Residential Associations may
not be directors on the Master Association Board of Directors. All Compliance Committee members shall
be Members in good standing. The Residential Association-appointed Committee members shall be
appointed by the representative Residential Association’s Board of Directors. Compliance Committee
members serve at the pleasure of the Board of Directors that appointed its Compliance Committee member.
The Master Association director shall serve as Chair.
Non-voting members of the Committee shall include the Director of Community Services, a representative
of the Gates and Patrol contractor, and a management representative from each of the Residential
Associations. Monthly meetings are generally held on the third Tuesday of the month, September through
June. In the event a voting member of the Committee is unwilling or unable to serve, whether temporarily
or permanently as the case may be, the respective Master or Residential Association shall appoint a
replacement.
FUNCTION AND DUTIES: The Compliance Committee has the authority to hear and decide matters
involving alleged violations of the Combined Rules, which are rules common to the Master Association
and the Residential Associations for the operation and use of the PGA WEST Project by all Members, their
family members, guests, tenants, agents, assigns and invitees.
ENFORCEMENT PROCESS:
A.
Enforcement Process. The enforcement process shall be as follows: (1) Any
infraction/violation committed by a Member or a Member’s family members, guests, tenants, agents,
assigns and invitees, etc., shall be heard by the Compliance Committee; (2) If a fine or other disciplinary
measure is imposed on the Member by the Compliance Committee, the respective Residential Association
of the responsible Owner of record shall send out the violation notice results within the time frames
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proscribed by law; (3) The respective Residential Association shall be obligated and responsible to collect
and retain the fine.
B.
Registered Vendor Violations. For violations involving vendors which have an agreement
with the Master Association or have been issued an entry device by the Master Association, the offenses
will be adjudicated (including determination of the fine) by the Master Association’s Director of
Community Services.
C.
Appeals. An appeal of a decision by the Committee or the Director of Community
Services may be taken to the Master Board provided: (1) A notice of Intent to Appeal is received by the
Master Board within thirty (30) days from the date of mailing of the Notice of Decision letter, and (2) The
Member appeared at the initial hearing before the Compliance Committee or provided a written response
received by the Compliance Committee prior to the hearing. The purpose of the Appeal is not to re-try the
matter but to correct errors, i.e., excessive fine, misinterpretation of a rule, failure to consider relevant
evidence, etc. The Appeal will be heard at the next scheduled meeting of the Master Board at which hearing
the Master Association Committee member who voted on the matter that is the subject of the Appeal shall
be recused.
D.
Documentation. Management of the Maser Association shall be responsible for the
sending of all notice of hearing letters relating to violations and other matters pertaining to the obligations
of the Committee, and shall maintain records of all administrative hearings, notices, appeals and written
correspondence received in connection with the activities of the Committee. If fines or other disciplinary
measures are imposed on a Member by the Compliance Committee, the applicable Residential Association
shall be obligated and responsible for issuing violation notice results within the time frames proscribed by
law and collecting all fines imposed against Members who are residents of that Residential Association, at
the sole expense of the applicable Residential Association.
MODIFICATION AND ADDITIONS TO THE COMBINED COMMUNITY RULES
Pursuant to the Fourth Amendment to CC&Rs, Article V, Section 5.7E, the Committee shall review the
combined Rules at least annually. The Rules may be changed/amended with the agreement of the three (3)
Residential Association Boards of Directors and the Master Association Board of Directors. If the
Compliance Committee has proposed changes/amendments, those changes must be approved by the Master
Association Board of Directors and Residential Association Boards of Directors prior to distribution to the
membership.
The Master Association is responsible for the notification of adoption, amendment and/or repeal of the
Rules, and any provision therein, subject to the notice and rule adoption requirements of Civil Code
Sections 4340-4370, or successor statutes.
A.
Formulation of Proposed Rule Changes. The Committee shall identify and prepare the
proposed amendment/addition/deletion to the Rules. The Committee Chair shall explain to the Master
Association Board the concept/reason for the proposed rule change and seek input from the Master
Association Board. The Residential Association Committee members will also explain to their respective
Boards the concept/reason for the proposed rule change and seek their input and provide their respective
comments to the Committee.
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B.
Draft Rule Changes. The Committee Chair, upon receiving the input from the four Boards,
shall prepare an approval draft of the proposed Rule change(s) and provide a copy to the Master Association
Board and to Management for each Residential Association to present same to their Residential Association
Boards for further comment and final approval.
C.
Review by the Members. After receiving approval from the Residential Association
Boards, the Master Board shall by majority vote approve the final version of the proposed Rule at the next
Master Association Board meeting and direct Management to distribute to the Members for the 30-day
review and comment period required by law.
D.
Approval by the Master Board. At the next regularly scheduled meeting of the Master
Association Board after the thirty (30) day comment period, the Master Board shall review any comments
received and decide on the proposed Rule change(s) through a Resolution.
ADOPTED by the Board of Directors of PGA WEST Master Board this 5th day of February 2015.
PGA WEST MASTER ASSOCIATON; INC.
BY:
President
BY:
Secretary
BY:
Committee Chairperson
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