Appeals Commitee Process

Started by LindaC3 • 8 replies • 1975 views

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LindaC3 (Florida)
Posts: 526

Posted:

Well so much for heading outside to garden......... Just recieved a call from a concerned homeowner with regards to the Appeals Process... i have no answer for her so thought I would get opinions from the forum... I served on the committee last year and opted not to continue this year as I am busy serving on other commitees and believe other folks should volunteer ... So heres the questions .......1--- Are Appeal hearings allowed to be open to all homeowners to attend.......2 -- When they have the "hearing" should not the decision be made that day and the person appealing the fine be told yea or nay at that time ? This hearing goes back to the previous post I made about the truck vs gator type vehicle where they wanted to take away her driving rights for 6 months except to and from the gate to her own property.... They spent the majority of the meeting debating the " accident" and did not address the fact the person was contesting the " fine"...... Smells like a lawsuit in the making....Thanks for your time.....Now off to garden while I wait for replies........LindaC

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, normally only the Hearing committee and the witnesses are invited to the Hearing. However, unless there will be personal information which could embarass someone it should be an open meeting. The Hearing committee does not need to give an answer that day; and even if they do it should also be provided within a few days in writting. Justification for the decision should be included with the decision.

LindaC3 (Florida)
Posts: 526

Posted:

Thank you RogerB..... LindaC

BradD2 (Florida)
Posts: 418

Posted:

For our Association this is what we do for Fine Appeals:

The homeowner (or their proxy) must fill out a Fine Appeals request form and state what they are appealing and why they think they have a case. We do not have a standing committee, we put one together of willing homeowners as needed. We maintain a list of homeowners who themselves have nice lawns and who have said that they would be willing to sit on an appeals board. We then call the people on the list and try to find a time when three of them can get together at one of the houses. We let the homeowner know when and where it will be held and tell them to come prepared (or they can send a proxy). A member of the covenant enforcement committee presents the facts and evidence from the Associations stand point and the homeowner (or their proxy) present the defense. The Appeals Board asks whatever questions they wish from either party until they feel they are ready to make a decision. At that point everyone leaves and the appeals board is discuss it amongst themselves and then they write the decision at the bottom of the form and each sign it. The completed form is copied and the original filed in the Association records; a copy is sent to the homeowner.

Florida Statutes only indicate that an appeal a group of homeowners not related to the board must be allowed. It does not mention when the decision or notice of the decision must be made.

GloriaM (North Carolina)
Posts: 829

Posted:

Linda:

What state? Here in NC if a covenants committee sits in on the hearing, the Owner can appeal. If the Executive Board of Directors sit in on the Hearing, their vote is final, there is no appeal. Unless of course the board so choose.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't think appeal meetings should be open to all members. It should be just the board and maybe the people directly impacted by the appeal. The board is the one's that really placed the fine on the person in the first place and NOT the other owners.

As for the decision, it could be reached immediately or the board could decide on a timeline. The board may decide to review more facts and have a decision ready in 10 days or by the next meeting. There should be a deadline involved regardless. It's much like presenting a case to a jury. How long do juries usually take before making a decision?

Normally, I would advice to wait for the other party to sue the HOA FIRST before taking the proper action. It's cheaper to countersue than to sue. However, when it comes to the subject of fines, I wouldn't advice the HOA to go to court on this. That's because most states do NOT allow the HOA to place liens or foreclosures based on fines. The HOA may likely lose in court in pursuing fines. If the money involved NOT paying dues, then the HOA has a chance of winning.

For example, the owner is angry about the situation and they refuse to pay their dues. The HOA has a right to collect that money owed. That may be part of the countersuit the HOA should file against the owner. No member can refuse to pay their dues no matter if in "protest" or think the HOA owes them money.

If your HOA has nothing in writing about issuing fines, it may be an uphill battle. I understand in your case, the fines may have been levied as part of a "punishment". IF so, then there should have been a signed agreement for the owner to agree to pay the fines discussed.

Now another "angle" for you to pursue could be for damages caused the common area, if any. This would NOT be considered a "Fine". It would be considered "Damages" which the owner could owe "Resitution" for. That is something to consider instead of pursuing the "fines" route. There is proof behind damages and not soo much in proving fines. The proof is always in the pudding!

Former HOA President

LindaC3 (Florida)
Posts: 526

Posted:

GloriaM............I am in the great state of Florida...... Went to management meeting today and asked what the outcome was of the hearing......Seems that the person who was appealing the violation now wants to appeal the appeal.......SAY WHAT ??? Our Appeals Comm. is made up of 3 persons not on the BOD..Our CC&R'S state that the decision of the Comm...is final and binding..... Never heard of an appeal for an appeal...

They actually had 2 hearings this past weekend and FINALLY they understood that LEGALLY you may not restrict someones ability to drive their own vehicle to and from their work place within the community.... This person is our stable hand and they wanted to restrict her driving for 6 months to a gator type vehicle.... I had made a comment at the BOD meeting that is unlawful and we would find ourselves in an expensive litigation if they decided to persue this issue....not to mention the safety factor of lets say it's lighting and storming and she gets hit by lighting while in this gator type vehicle....LAWSUIT BIG TIME..... So they actually listened to me- went to the attorney for an opinion and he said that YES Linda was correct.....YAHOOO......... So while she is in the scope of her job feeding the horses she may drive her truck,,,,,but may not drive her vehicle around the community to the pool, lodge. airport, garbage dumpster etc for 3 months....She may drive to and from the gate to her home, pay a $100.00 for speeding, and $100.00 fine for the reckless driving... We have made it RULE that in the future any and all accidents that result in damages to persons or property the local law enforcement will be called as it should have been done in the beginning as per fla state statute.....

The hearing for the one person who now wants to appeal the appeal was charged with 3 seperate speeding incidents from 3 of her adult children...$ 100.00 fine per incident and 3 month suspension of driving privelges except from home to the gate..... They dropped the soft pellet gun incident and just advised the grandmother to have a little more supervision of the children when at the pool area...Better yet lets say no toy guns at the pool period.............Pools are for swimming not shooting LOL........So there you have it...HAPPY 4th OF July to All...........LindaC

BradD2 (Florida)
Posts: 418

Posted:

Melissa, in Florida the appeals must be handled by at least three homeowners that are not on the Board or related to anyone on the Board.

GloriaM (North Carolina)
Posts: 829

Posted:

Melissa:

IMO if you have already given her the right to an appeal and she now wants to appeal the appeal, and if Florida states the appeal is binding and final, she is done and now just pursue the decision accordingly.

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