Holding an Architectural Compliance Violation in a Public Forum

Started by ArthurD • 3 replies • 1422 views

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ArthurD (Virginia)
Posts: 5

Posted:

Our HOA in VA is about to hold a hearing of the board with a resident about a violation of the Architectural Guidelines. This meeting-hearing will not have any other order of business. Several pieces of paper have apparently already been sent to the resident and been returned to the Board. A notice about this hearing has been posted. It is not clear whether the board intends to have this as a public meeting or the board will go into Executive Session. I've taken the position that a public meeting is improper and the Executive Session is proper. The VA state law indicates that you can go into an Executive Session to discuss a rules violation. How would you suggest this matter be handled?

RonaldW (South Carolina)
Posts: 901

Posted:

I would have it in a private executive session.

First, it would be impropper to publically embarass the homeowner.
Second, the homeowner could bring "friends" and disrupt the meeting.

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By ArthurD on 03/16/2007 1:32 PM
How would you suggest this matter be handled?

I would not handle this at a Board meeting. I would handle it at a Hearing Committee meeting. Two reasons:

1. It does not require notification of association members when they must be notified of Board meeting (required in Colorado). If held at a Board meeting it should be done in an executive session.

2. It can provide for a means of appeal when the HOA can afford to have a Hearing Committee which is separate from the Board.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

To Ron,
Since you signified you were from North Charleston, S.c. I ran across some information the other day that surprised me. I have a real interest in Mortgage Fraud and the effects on HOA and especially Condos. S.C. seeems to be behind the curve as far as the State having oversite on HOA's and Condos. Go to Home page of S.C. Consumer Affairs and on the left side you will see a button labled "Mortgage Fraud". Click on that a a whole new section appears about how Consumer Affairs has been designated by the legislature to investigate Mortgage Fraud. Lot of good links and be sure to note a recent report from a Charles Knight, A Lawyer with Consumer Affairs. This mortgage fraud thing may hit the housing market like a frieght Train and has been predicted by some that the S & L scandals of the 80's and 90's will pale in comparison. Any other folks from S.C. should give this a look. It's real folks.

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