Hearing results disputes

RichardB20 (Nevada)
Posts: 4

Posted:

After the Hearing, in our system the Board meets without the resident and decides whether or there should be a fine. If the resident disagrees with the decision, is there an appeals process?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Richard:

Do you fall under Condominium Act or Common Interest Act?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Also, who committed the violation was it yourself, tenant, or invitee?

It does potentially make a difference in NV compared to other states.

JanetB2 (Colorado)
Posts: 4,219

Posted:

LOL ... new changes after 1/1/12 so did the fine involve a vehicle?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Richard,

Typically, after a hearing before the Board, the only appeal options are:

a) Ombudsman office (if there is one)
b) Civil Court

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By RichardB20 on 03/09/2012 5:21 PM
After the Hearing, in our system the Board meets without the resident and decides whether or there should be a fine. If the resident disagrees with the decision, is there an appeals process?

Hi,

We just had a hearing. I am in California, but I would first check the following:

1. Did the board follow the process required by the state you are in and the CC&R. In California, there are four elements that must be met and our board only met two.
2. Did the board notify the resident of who was the complainant. As a part of due process, the resident has a right to know who this person is. This is federal law and common law.
3. Is the complainant somehow connected with the board members. For instance, if one of the board members is the complainant or the spouse of the complainant, then that board member should have recused him/herself due to conflict of interests.
4. Does your state and/or CC&R require alternative resolution for disputes? If so, this would be the next course of action.
5. Small claims court should follow.

We were taken to small claims court by our HOA board. They didn't follow their own rules and they failed to have a meeting--any meeting that met all the elements required not only by our state (California), but also by our CC&R. If your board fails to meet all the elements of a meeting, then those decisions made can be void.

Further, if the resident can show that the decision is arbitrary and capricious, meaning that other residents were doing the exact same thing, but not similarly punished, this would demonstrate that the board isn't being reasonable (meaning fair and just).

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By RichardB20 on 03/09/2012 5:21 PM
After the Hearing, in our system the Board meets without the resident and decides whether or there should be a fine. If the resident disagrees with the decision, is there an appeals process?

Hi,

We just had a hearing. I am in California, but I would first check the following:

1. Did the board follow the process required by the state you are in and the CC&R. In California, there are four elements that must be met and our board only met two.
2. Did the board notify the resident of who was the complainant. As a part of due process, the resident has a right to know who this person is. This is federal law and common law.
3. Is the complainant somehow connected with the board members. For instance, if one of the board members is the complainant or the spouse of the complainant, then that board member should have recused him/herself due to conflict of interests.
4. Does your state and/or CC&R require alternative resolution for disputes? If so, this would be the next course of action.
5. Small claims court should follow.

We were taken to small claims court by our HOA board. They didn't follow their own rules and they failed to have a meeting--any meeting that met all the elements required not only by our state (California), but also by our CC&R. If your board fails to meet all the elements of a meeting, then those decisions made can be void.

Further, if the resident can show that the decision is arbitrary and capricious, meaning that other residents were doing the exact same thing, but not similarly punished, this would demonstrate that the board isn't being reasonable (meaning fair and just).