Board calling resident to Hearing

Dear Members, especially those of you with a legal perspective:
We have been called to a Hearing by our Exec. Board. Roger, I have read your November reply on holding an HOA hearing but we do not have a Hearing Committee. My questions are:
- is a non-biased arbitrator appointed as Chair person and to render the decision
- if not, can we refuse to attend based on a biased and pre-meditated outcome
- can we request an arbitrator
- can we ask for a continuance...on what basis

This is the Board's show. They have asked for the hearing. Though we have a lawyer, he will plead our case, and the Board's lawyer will plead theirs. So, who makes the decision without bias after both sides are heard?
Thank you.
PaulM

Hi Paul,

Some HOAs have enough volunteers to have a group of non Board members serve as a hearing committee for violations. It doesn't sound like that's the situation in your HOA.

To find an arbitator can be difficult, what background do they need to have, which side chooses the arbitrator, who pays them, etc. If your dispute has already gotten to the point that you're bringing a lawyer to the hearing, and the HOA is also bringing a lawyer, just picking an arbitrator could be a long, expensive battle.

Without knowing the details of your problem, (is it a rules violation?), the Board of Directors will probably make the decision. If you're unhappy with the decision, then it will be time for you and your lawyer to sit down and discuss your options.

Is the problem so importnant that it's worth spending several years and several thousand dollars going through a lawsuit? Lawyers are very willing to sue anyone for anything, as long as they're getting paid for their time.

The final decision will be up to you.

Good luck.