I received the attached letter from Benjamin D. Wood - Patton Boggs Attorneys via certified mail this weekend.

I have done nothing but tell my story as it has been unfolding. Everything I have written has happened to me. I was there at the board meeting when the Principal Management Group (PMG) representative presented the fine policy to the board members for their review . It is my opinion that our board members did not write the wording on this document. Our community has been without a fine policy since its inception in March 2002, so it is not a revised policy.

Our documents clearly state under Article VI, General Powers and Duties of the Board of Directors of the Association. 6.01

(o) To make reasonable rules and regulations for the operation and use of the Common Properties and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by all of the Properties, by a majority of the Members, or, with respect to a rule applicable to less than all of the Properties, by a majority of the Members in the portions affected.

(r) If, as and when the Board, in its sole discretion, deems necessary, it may take action to enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or seek damages from any Owner for violation of such provisions or rules.

And in Article XII, General Provisions 12.02 Amendments (b) in all other situations, this Declaration may be amended or changed upon the express written consent of at least seventy percent (70%) of a quorum of the outstanding votes of all Members of the Association, regardless of class.

'Any accrued fines takes precedence over HOA dues and will be deducted from payments prior to the reduction of a resident's dues balance.'

A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of:
(1) fines assessed by the association; or
(2) attorney's fees incurred by the association solely associated with fines assessed by the association.