hearing result appeals

Started by RichardB20 • 2 replies • 1360 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RichardB20 (Nevada)
Posts: 4

Posted:

After the Hearing with the resident, in our system the Board then meets without the resident and decides whether or not there should be a fine. If there is a fine and the resident disagrees with the decision, is there an appeals process?
If so, please can someone explain the procedure, and can it be done without legal representation?
If legal representation is necessary, can I get financial assistance with the legal costs?
If I must pay for legal services and win, will the HOA pay my lawyer?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Richard:

You posted something similar a few days ago. There were questions asked which need answers to better assist in answering you:

When was the violation due to NV had changes in statutes effective 1/1/2012?
Do you fall under Condominium Act or Common Interest Act?
Who committed the violation was it yourself, tenant, or invitee?
Did the fine involve a vehicle?
We need some minor details on what the violation is regard to, as various areas have different provisions?

Depending on whether certain proper procedures were followed can determine the outcome or whether fine is valid.

If you do not want to provide answers then here is the link for your state laws which you can review yourself:

Here is a link for the State Statutes and scroll down to Title 10:
http://www.leg.state.nv.us/nrs/

SusanW1 (Michigan)
Posts: 5,202

Posted:

The GENERAL process is 1) accusation of violation 2) notice to member 3) resolution OR continued action of the committee that issued the violation 4) member invited to a hearing and decision of the committee is made 5) resolution OR appeal process brought to the board 6) final decision given by the board.

The conflict can be when the committee and the board are the same thing.

There should always be an appeal process, but your don't say where you are in all these steps.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here