Committee Hearings

Started by AlliR • 5 replies • 520 views

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AlliR (Virginia)
Posts: 1

Posted:

I manage an Association that currently has an attorney writing a due process resolution. In it, she included that the Architectural Control Committee can hold hearings for violations of the governing documents. It was my understanding that only the Board of Directors can hold hearings.

Can someone please provide some clarification as to whether or not committees can hold hearings?

Thanks!

BillH10 (Texas)
Posts: 1,217

Posted:

Read your documents to see if it is specified the Board must hold hearings or can delegate responsibility to a committee. I suspect you will find pretty generic language which states a hearing must be held before the fine or other action can be levied.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say the BOD has the final say regardless of any committee recommendation.

MarkM19 (Texas)
Posts: 1,459

Posted:

The associations I am familiar with this was never any part of the CC&R, By Laws or Good Neighbor Policies. These documents are usually prepared by the Developer and are cut and pasted in many cases from past developments. It is all pretty common language. That being said they always want to control as much of the decision making process as they can so I doubt they would add any additional layers of control.

RoyalP
Posts: 1,104

Posted:

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:
I) First non-compliance or violation: a fine not in excess of One Hundred and
NollOO ($100.00) Dollars.
2) Second non-compliance or violation: a fine not in excess of Three Hundred and
Noll 00 ($300.00) Dollars.
3) Third and subsequent non-compliance or violation which are of a continuing
nature a fine not in excess of Five Hundred and No/I 00 ($500.00) Dollars.
(d) Payment of Penalties: Fines shall be paid not later than thirty (30) days after notice of the
imposition or assessment of the penalties.
(e) Collection of Fines: Fines shall be treated as an assessment subject to the provisions for
the collection of assessments as set forth in Article V hereof
(f) Application of Penalties: All monies received from fines shall be allocated as directed by
the Board of Directors.
(g) Non exclusive Remedy: These fines shall not be construed to be exclusive, and shall
exist in addition to all other rights and remedies to which the Association may
otherwise be legally entitled; however, any penalty paid by the offending Owner shall
be deducted from or offset against any damages which the Association may otherwise
be entitled to recover by law from such Owner.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Hi Alli

1. Committees always serve at the discretion of the Board.

2. The authority of a particular committee is delegated to that committee by the Board or the Association's organizing docs or some combination of the two.

3. In an Association's organizing docs, the right to fine is usually limited to the Board only. That means that if a committee wants to fine a homeowner, that decision needs to be bumped up to the Board.

4. Architectural Control Committees can typically meet, make decisions, respond directly to homeowners, and hold hearings. They operate independently so long as they stay within their delegated authority.

5. Some Associations require that all appeals go to the Board. Others allow the ACC to handle appeals. Even if the ACC is able to handle appeals, an owner can usually request a 2nd appeal to the Board. How yours is set up should be explained in your documents.

In summary, committees hold hearings as long as they remain within their delegated authority. The committee's decisions are always reviewable by the Board.

Sikubali jukumu. Read all posts at your own risk.

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