Unit Owner Fine Hearings in CT

LisaD6, the purpose of the hearing is to give the accused "due process." Among other things, "due process" means giving the accused a chance to defend her- or himself at a hearing with the accusers present. Both the accused and accuser need to be reasonable about when the hearing happens. It's okay for the accused to attend by phone.

"Due process" is a constitutionally protected right. An agency (including a HOA) cannot take away 'property rights' (including imposing fines) without due process.

I believe HOA case law backs this up 100%.

If in further doubt, speak with your HOA's attorney.

If Augustine's second interpretation is what you mean, Lisa, I agree with him. But, also, are HOA boards of directors called "executive boards" in CT?

I'm trying to understand if the board's meeting with the alleged violating owner is to be in an executive session meeting in CT as in most states.

Yes hen we go to talk about foreclosures , contractors and such we go into the executive part. Im trying to see if we can have a meeting that is not done the same time as the board meeting to discuss fine hearings. so I want to know if anyone in ct knows the definition of the Special Meetings we can have for Board meetings. TY

Lisa

While I cannot tell you how it is done in CT, I have experience in other states. Once a fine has been issued, the accused has the right to demand a hearing in front of the BOD. Typically these hearings are done in a Private or Executive session of the BOD set up to address the fine and only the fine. Other owners are not privy to these hearings.

ditto john and kerry

In SC we can issue fines without a hearing, The hearing takes place if the owner appeals the decision. Plus we can do all this via Email.....got to love SC.

ps. @kerry:

And I have researched and researched this subject...

SPECIAL VS REGULAR

CA Spec VS Reg

good luck

Ihae researched the heck out of this.. I was hoping I might find a board member in ct who can say. Yes in ct You can have special meetings of the board with o,my notifying the board members and person with the fine hearing. No association involved. Not looking to firing management.. Want to make sure we are following the right procedure.. What started this for me. Manager has his girl tell me fine hearings have to happen during meetings. For three years he's been doing them in his office.. I ask him why at meeting. I go new statuteswe goesyes.,I go I want copy of what it is.still no copy sent to me after asking three dirt ways for them. Me I don't we,t to have meeting with all association.forfines... And I think manager lied.cause all statutes are dated back to 2012... I want to have a plan when I call him out on his lie. Unless someoneonhere can show me the new statute for fine hearings with the 828. Me I think he got introubleand learned he needed to change..but that's another issue. Not looking to firing him.

...

Specific to Connecticut:

CHAPTER 602
NONSTOCK CORPORATIONS

CORP LAW

Sec. 33-1095. Meetings. (a) The board of directors may hold regular or special meetings in or out of this state.

Sec. 33-1098. Notice of meeting. (a) Unless the certificate of incorporation or bylaws provide otherwise, regular meetings of the board of directors may be held without notice of the date, time, place or purpose of the meeting, except that, unless stated in a written notice of the meeting, no bylaw may be brought up for adoption, amendment or repeal. {a 'special' meeting of the BOD requires proper notification}

The only mention of 'special meeting' refers to a special meeting of the MEMBERS. {not the BOD}

therefor, IMO,

reg.sch. BOD meetings require no notice

an important/unscheduled/special BOD meeting requires specific notice

FINING / member issues should be handled in closed/executive BOD meetings by EITHER adjourning to exec. session from a scheduled meeting OR calling/noticing a 'special' BOD executive meeting.

TY Royal IP and LETA.. Executive session it will be. This way it protects the board members and manager. It deft. will need to be private. OR the unit owner having the fine hearing can send lawyers after us. That I understand. Then the whole board can vote right there what is to happen. I will now have information to discuss with the manager. And we will go forward from that discussion.

Here is a little more information of what I've been through with fine hearings. When I first came on the board three years ago, the old management company would have the fine hearings in the open forum for unit owners before we went into the executive session. IT was a lynching for me. They would all gang up on me . Had me in tears after they left the meeting.. The manager would not back me up. At that point I came on the board to clean house. They were fired for major reasons this was not one of them. We found the present manager. I explained my concerns of the lynchings and asked if the meetings could be done dift. He explained he had them at his office. Then he would let us know what came from the meeting. Perfect. Now I;m told the meetings have to be done at the board meetings and me I'm like AGHGHGHGHHG!!!. All he said at the last meeting something about some case and then he told me yes the statute changed. I have been searching and searching for that statute change and he has not sent it to me. These meetings will be him only talking and the board will not be saying anything. Some of the owners are very vicious and have no mercy towards me. I just got voted on the board for three more years with many of the owners backing me by votes and proxies They like my vision of change. but when owners get a fine hearing they automatically think it's me and its not.( the viscious ones) Management notices the things they are doing wrong and they ignore the three to four letters they get. So in all I think this will turn out for the best. I'm all about documentation. And now we can document the fine hearings. Thanks.

If there was only a way of taming the visious ones who want their young kids to play in the back yards alone, leave their bikes all over the grass and park 5 vehicles in the lot.. Before I came on everyone was doing whatever they wanted the place looked in shambles and we were at 3000 in the reserves. we now have 50,000 in reserves and we have done much improvements, sidewalk, roof, sewer panel and sewer pump with no assessments. I got a woods of trees cut down for free. and on and on. And even the guy who collects our garbage commented how hes seen the changes be good. But we had to put all the rules into play by adding them into our rules. We would always hear thats not in the rule book. So I made the rules legal.. So hence the viscious ones hate lisa. I put the rules into words and the board worked on them approved to go out to unit owners and all done legal. This process took three years. I saved about 20,000 in lawyers fees creating the rules. So its been a brutal three years. Hopefully now it will calm down. No more rule making I'm on strike from that..
thanks for reading.

PERFECT

LisaD6, you rock for rectifying this disgusting, fifth grade behavior by a former board. I think said behavior not only is destructive to building a sense of "community"; I think it also held the HOA out to liability. I hereby nominate you for the HoaTalk.Com Director of the Month award. Good luck and happy holidays. -- Augie

I believe you are out of line. Why are you suggesting their first order of business is to fire the management company, WHEN it was the OLD management company that may have given them conflicting information.

John is correct... A hearinghappens. Then boarddiscusses and decides after the unit owner leaves.then a letter goes out to,owberwithin thirty days with decision. That's stated in statute... Ty

JohnC wrote:
"In SC we can issue fines without a hearing, The hearing takes place if the owner appeals the decision. Plus we can do all this via Email.....got to love SC."

BUT, John, there are many who don't buy into your belief that Owners should be fined without a hearing, and that boards may vote by email except in emergencies, and that regular board meetings' time/date/place should be publicly noticed in advance so that owners can attend. In fact these are laws in many states.

In my onion any board that will not offer the most openness and transparency possible in their states and documents is trying to hide something.

direct from 'my' CCRs:

Section 3. Fines. In addition to all other remedies, in the sole discretion of the Board of
Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an
Owner, his family, guests, invitees, or employees to comply with any covenant, restriction, rule or
regulation, provided the following procedures are adhered to:
(a) Notice: The Association shall notify the Owner of the infraction or infractions.
Included in the notice shall be date and time of the next Board of Directors meeting at
which time the Owner shall present reasons why penalty or penalties should not be
imposed.
(b) Hearing: The non-compliance shall be presented to the Board of Directors after which
the Board of Directors shall hear reasons why penalties should not be imposed. A
written decision of the Board of Directors shall be submitted to the Owner by not later
than twenty-one (21) days after the Board of Directors meeting.
(c) Penalties: The Board of Directors may impose special assessments against the
Owner's property as follows:
{list of the actual penalties/schedule}

ps. SC is NOT an 'open meeting' state

No, the person(s) accused of the violation may 'plead their case' and/or present any evidence IN PERSON.

D'OH

It appears there is new legislation coming to South Carolina....https://www.nexsenpruet.com/insights/2018-sc-hoa-legislation

It has passed.

Very 'bare bones'.

Deals primarily with the (new) requirement that ALL documents INCLUDING rules and regulations MUST be recorded else UNENFORCEABLE.

Establishes an 'ombudsman' under the auspices of the attorney general.

A good start.