on a five member board

Started by DocG • 4 replies • 1791 views

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DocG (California)
Posts: 2

Posted:

We have a five member board
my question is
Can just two members of the board take action against
a home owner and impose fines with out the vote of the
other three board members. The other board members
were not even told of fines there was never a meeting
the president said she had the power to do it and
one other member of the board agreed. The homeowner
was find with out no notice. Does there have to be a quarm.
Tim

JudithC (Virginia)
Posts: 253

Posted:

Were these fines for ARC violations? I can't imagine it would be proper in any association to assess them without a board vote, and to do that there must be a meeting, a quorum, and a majority of the members present voting for it. (I guess some associations may have greater than a majority). Anyhow there should be a due process procedure that is followed.

If the fines are for not paying regular assessments, then the procedures of the association could dictate that as per bylaw or resolution and there would not be a vote -- just if "xxx is over yyy days late a fine will be imposed". In that case I don't think there would be a formal vote to impose the fine.

The reason for the difference is one is a judgment call (ARC) the other is not.

RogerB (Colorado)
Posts: 5,067

Posted:

DocG, your Board acted improperly. Not only can't two Board members act independently but the owner has the right to a Hearing before any fine may be assessed. Your HOA needs to first establish Rules and Regulations on this and provide them to all homeowners. Attached is an example.

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📝18455483371.doc(21 KB)

PaulJ (South Carolina)
Posts: 40

Posted:

Check your local state laws regarding this: in FL there has to be a committee of non-board members that conduct the hearing. Here's a good link with different state laws:

http://www.neighborhoodlink.com/article/Community/Dispute_Resolution/

BradD2 (Florida)
Posts: 418

Posted:

Actually the non-board members act as a fines appeal committee. They are not the ones that neccessarily decide the fine or if it is in place. Ideally that would be done with Rules & Regulations and a Fine Schedule so that it is consistently enforced. Also note that the appeal committee only has to be available to the homeowner it is up to them to request it.

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