VA Condo - Mandatory Hearing on First Notice of Violation

Re: Due Process - In Virginia, can a Condo Assoc require a mandatory hearing after the first notice of violation. For some reason, I thought that normally.. the Condo Board had to provide two notices and then a hearing letter. Any ideas?

A second notice is not required:

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§ 55-79.80:2. Assessment of charges for violations; suspension of services for failure to pay assessments; hearing.

A. The unit owners' association shall have the power, to the extent the condominium instruments or rules duly adopted pursuant thereto expressly so provide, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the unit owners' association for nonpayment of assessments which are more than sixty days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant and (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible.

B. Before any such suspension or charges may be imposed, the unit owner shall be given an opportunity to be heard and to be represented by counsel before the executive organ or such other tribunal as the condominium instruments or rules duly adopted pursuant thereto specify.

Notice of such hearing, including the charges or other sanctions that may be imposed, shall, at least fourteen days in advance thereof, be hand delivered or mailed by registered or certified United States mail, return receipt requested, to such unit owner at the address or addresses required for notices of meetings pursuant to § 55-79.75.

The amount of any charges so assessed shall not exceed fifty dollars for a single offense, or ten dollars per diem for any offense of a continuing nature, and shall be treated as an assessment against such unit owner's condominium unit for the purpose of § 55-79.84. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding ninety days. After the date a lawsuit is filed challenging any such charges, no additional charges shall accrue. If the court rules in favor of the unit owners' association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the unit owner prior to the action.

The hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to such unit owner at the address required for notices of meetings pursuant to § 55-79.75 within seven days of the hearing.

C. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners' association or its executive organ.

(1993, c. 667; 1997, cc. 173, 417; 2000, cc. 846, 906; 2002, c. 509.)

I would start with getting copies of your governing documents, something you should have received at closing. Are you sure they aren't in that stack of closing papers you got when you bought your home?

Rob

Look online at the registry of deeds. You can usually view them online free. I've found my own deed and CCR's of my HOA at my registry.

Your local Courthous Records department should have them on file as well. However, the By-laws aren't always required to be filed. You most likely will find the CC&R's and Incorporation documentation. There is an off chance you may find the Archectual Control paperwork IF there is one in existance. Some HOA's just have an ACC and no other documents. This should help you to know if you did find all that you need.