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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

WilliamT (Arizona)
Posts: 489
Posted:
We will be having some members who have received violation letters come forward to complain about our enforcing the no-parking rule.

Our letter to them says that they can request a hearing, as per AZ law.

Arizona law allows executive session to discuss financial information about an individual member. If we're discussing a fine then I interpret that as being financial information about a member.

We have a section of the board meeting set aside for homeowner forum where they can speak on any community related subject.

I would like some input as to how others would handle this situation.

We plan to tell the people who attend for the purpose of discussing nd complaining about the no parking covenant we're enforcing that we will divide the 20 minute session up by the number of people who wish to speak on the subject, or we may allow a limited number of persons to speak on either side of the argument, but again, only for the alloted amount of time.

The board plans to not debate the issue with them; we will just listen. If someone is asking to be granted more time for a special reason before being fined, we will tell them that we will discuss that among the board and send them a letter with our decision.

How would you handle this?

Thanks

JM2 (Oregon)
Posts: 439
Posted:
I'm in Oregon. Our board offers each person who requests a hearing, a chance to make their case before the Board. There can be some question & answer back and forth between the person who requested the hearing and the Board. Ultimately, the Board needs to vote on whether to uphold the fine, reduce it, or forgive the fine. In our state, that vote is held in open session.

I would suggest that you consult the Association's lawyer to check on the proper procedure for conducting a hearing, and whether the item CAN be discussed in Executive Session, and if so, if the vote needs to take place at the open meeting.

You may not need to vote on the fine at the time of the hearing; but check with your lawyer on that.

If there are problems with the enforcement procedure, consider changing it; however, if it's just people getting caught in violation, too bad for them. But be sure that everybody has notice of the rule (signs posted and/or a copy of any resolution detailing the process involved).

J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Association
Portland, Oregon
JosephW (Michigan)
Posts: 882
Posted:
I'm not sure the intent to levy a fine constitutes financial information as described. You're not going to decide on the fine until after the hearing, so its possible the hearing should be in the "open". Have your association attorney draft a "hearing procedure" for you and list out the acceptable areas that can be held in executive session. Do it right the first time, and it will be easier in the future.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
WilliamT (Arizona)
Posts: 489
Posted:
Posted By JosephW on 02/06/2007 2:39 PM

I'm not sure the intent to levy a fine constitutes financial information as described. You're not going to decide on the fine until after the hearing, so its possible the hearing should be in the "open". Have your association attorney draft a "hearing procedure" for you and list out the acceptable areas that can be held in executive session. Do it right the first time, and it will be easier in the future.

Joe


Good advice Joe. I agree that the hearing should be open, and then the decision on the fine made in executive session.

PWells (Washington)
Posts: 34
Posted:
Here is Washington State. When an owner requests a hearing. We schedule a certain date and time for the hearing. Usually we have it set for 20 minutes before our regular monthly meeting starts. Unless there is a conflict with schedules.
-PWells

🎯 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