BarbaraB10 (California)
Posts: 117
Posts: 117
Posted:
Aside from the restriction on lawyers attending disciplinary hearings, can a member facing a hearing in executive session invite fellow owners to accompany him?
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CA Disciplinary Hearing
Started by BarbaraB10 • 5 replies • 2373 views
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Aside from the restriction on lawyers attending disciplinary hearings, can a member facing a hearing in executive session invite fellow owners to accompany him?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
The Board I'm on, Barbara, has permitted attorneys to attend the disciplinary ES. As you can see below, however, the Board in CA does not need to allow other Owners to attend. You also have the right to ask that your hearing be held in an Open Meeting, but the Board does not need to grant your request. Below is a little more that you also can research at the excellent site cited below.
"Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings. The accused member is entitled to attend the executive session for that portion of the meeting dealing with member's hearing.......Who May Attend... members [Owners] do not have a right to attend executive session meetings. ... members subject to disciplinary action and others invited by the board may attend an executive session meeting."
Read more: Executive Session Defined http://www.davis-stirling.com/tabid/1769/Default.aspx#ixzz3bw3SmAoG
from Davis-Stirling.com by Adams Kessler PLC.
"Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings. The accused member is entitled to attend the executive session for that portion of the meeting dealing with member's hearing.......Who May Attend... members [Owners] do not have a right to attend executive session meetings. ... members subject to disciplinary action and others invited by the board may attend an executive session meeting."
Read more: Executive Session Defined http://www.davis-stirling.com/tabid/1769/Default.aspx#ixzz3bw3SmAoG
from Davis-Stirling.com by Adams Kessler PLC.
BarbaraB10 (California)
Posts: 117
Posts: 117
Posted:
Hi Kerry,
Thanks for the reply.
A neighbor is the subject of discussion, not me. ;)
In the 2014 annual disclosures package, it indicates "member has a right to choose a hearing open to the members or a private hearing".
The owner's concern, and rightly so IMHO, is our due-diligence lacking board members may be / most likely will be influenced by the president's personal vindictiveness about the situation. The director ought to recuse himself but most likely won't.
Recusal Defined
I just now received an agenda notice for executive session - the new business is "resident hearing'. 72 hours is insufficient notice for the owner since our bylaws indicate "a letter . . . 10 days prior to the board meeting where it will be considered".
Thanks for the reply.
A neighbor is the subject of discussion, not me. ;)
In the 2014 annual disclosures package, it indicates "member has a right to choose a hearing open to the members or a private hearing".
The owner's concern, and rightly so IMHO, is our due-diligence lacking board members may be / most likely will be influenced by the president's personal vindictiveness about the situation. The director ought to recuse himself but most likely won't.
Recusal Defined
I just now received an agenda notice for executive session - the new business is "resident hearing'. 72 hours is insufficient notice for the owner since our bylaws indicate "a letter . . . 10 days prior to the board meeting where it will be considered".
BarbaraB10 (California)
Posts: 117
Posts: 117
Posted:
http://www.davis-stirling.com/tabid/1652/Default.aspx#axzz3bqNoVyIw
No preview or edit, sorry.
No preview or edit, sorry.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Barbara, please go to davis-stirling.com to see what notice is required in CA to call to hearing. I think it's 15 days! I don't have time...
BarbaraB10 (California)
Posts: 117
Posts: 117
Posted:
Thanks Kelly!
The executive session on Friday does not concern this neighbor. The agenda notice indicates "Personnel: hearing for resident' which, after inquiry, is an interview for board vacancy. Why use such obtuse language?
As far as I'm concerned, the board needs to restore the key immediately then pursue the letter/hearing route after legal consult. The director/board botched it.
10 day vs 15 day clarification
>>>Notice of Hearing.
The person must be given written notice of the violation and hearing by personal delivery or first-class mail, at least 10 days prior to the meeting at which monetary penalties are imposed unless the governing documents provide for a longer notice period. (Civ. Code §5855.)
For suspension of privileges, the notice must be at least 15 days prior to the hearing. (Corp. Code §7341(d).) The notice must be reasonably calculated to provide actual notice to the member. (Corp. Code §7341(d).)
The notice must contain the following:
The date, time, and place of the hearing,
The nature of the alleged violation for which a member may be disciplined, and
A statement that the member has a right to attend the hearing and present evidence in his/her defense. (Civ. Code §5855(b); see sample notice.)
Read more: Due Process Defined http://www.davis-stirling.com/tabid/730/Default.aspx#ixzz3c3Qm7s8P
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, call us at (800) 464-2817.<<<
The executive session on Friday does not concern this neighbor. The agenda notice indicates "Personnel: hearing for resident' which, after inquiry, is an interview for board vacancy. Why use such obtuse language?
As far as I'm concerned, the board needs to restore the key immediately then pursue the letter/hearing route after legal consult. The director/board botched it.
10 day vs 15 day clarification
>>>Notice of Hearing.
The person must be given written notice of the violation and hearing by personal delivery or first-class mail, at least 10 days prior to the meeting at which monetary penalties are imposed unless the governing documents provide for a longer notice period. (Civ. Code §5855.)
For suspension of privileges, the notice must be at least 15 days prior to the hearing. (Corp. Code §7341(d).) The notice must be reasonably calculated to provide actual notice to the member. (Corp. Code §7341(d).)
The notice must contain the following:
The date, time, and place of the hearing,
The nature of the alleged violation for which a member may be disciplined, and
A statement that the member has a right to attend the hearing and present evidence in his/her defense. (Civ. Code §5855(b); see sample notice.)
Read more: Due Process Defined http://www.davis-stirling.com/tabid/730/Default.aspx#ixzz3c3Qm7s8P
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, call us at (800) 464-2817.<<<
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