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If the Association does not conduct periodic investigations of its residents, then is it exercising its fiduciary duties under the CCRs or Master Deed? The question then becomes, what is the Association doing to follow up on this matter? Those persons may report to the Sheriff's Department any time within that hour period.
The penalty for a third offense is a felony with a mandatory sentence of five years in jail. Third, the Board of Directors should review its insurance, annually, to insure that the Association is properly covered. On the other, actually investigating may lead to liability.
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