Board seems to be setting itself up

JC3
Posts: 290

Posted:

for potential abuse of fines and violations. Now, all the rules are written. There is a list of violations and the fines. They can be changed, of course. The board claims/wants full discretion to adjust both the violations list and the amounts fined.

This is probably innocent, but it seems to me this opens the door to abuse and croynism, bullying, and retaliations by even a single board member. How does one stop this?

JM2 (Oregon)
Posts: 439

Posted:

Hello JC:

The resolution that lists violations and fines should also list out the "due process" procedure for dealing with each type of violation. Once all of that is in place, the policy should be applied to one and all in a non-discriminatory manner. In Oregon where I live, the opportunity for a hearing is mandated by law. At the hearing, the owner can plead his/her case and then the discretion can be applied as necessary. Or, the discretion can be applied earlier in the violation process when particular facts are known (such as the lady to whom I never sent a violation letter because she was dealing with her husband who was getting into advanced stages of Alzheimer's Disease, and she was already overloaded; I recommended a painter to her in order to assist her in the process of compliance). Sometimes, when we know particular facts about a situation, we can use discretion; however, it must not have any hint of favoritism or discrimination (I have sent violation letters to board members).

Normally, the board would pass a resolution with the violations/fines and due process. Then, if a change is needed, a new resolution could be passed adding a violation/fine, or a resolution could be passed which would rescind the prior resolution and put a new set of violation/fine/due process rules into place. It is best to do this by resolution because it can be so hard to find this kind of decision in the midst of a huge number of board meeting minutes.

J. Patrick Moore, CMCA