Recording an HOA Violations Hearing

Started by SteveB31 • 9 replies • 1172 views

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SteveB31 (Pennsylvania)
Posts: 3

Posted:

My HOA is getting ready to send out Notice of a Hearing to some of the homeowners who are in violation of the covenants. I am going to be the recording secretary for the HOA Violations Hearing. I haven't been able to find any information online about what and how much to record during the hearing. What form of document or report should I produce after the hearing. I know how to record the minutes of an HOA meeting or a Board meeting, but this is different and I imagine that the hearing record will look nothing like meeting minutes. I am looking for a sample of a record of an HOA hearing. Any advice or assistance would be greatly appreciated. Thanks.

RoyalP
Posts: 1,104

Posted:

record / 'tape' the entire hearing

make a synopsis just like any other minutes

KEEP THE RECORDING (TRANSCRIPT) in the HOA's files

micro-cassettes, while 'old school', are excellent because of their small size and 'labellability'

SheliaH (Indiana)
Posts: 6,964

Posted:

The only problem with micro-cassettes is they could get misplaced (because of their small size) and eventually the tape will deteriorate. For my job, I use a digital recorder that comes with a program enabling you to download the recording onto your computer. That could be saved in the cloud or on a server that backs up your other information. You might want to go to an office supply store to see what's available.

As long as you're going to record the proceeding, you may as well work with your attorney on setting up policies and procedures to protect the Association, answering questions like "is the homeowner entitled to a copy of the recording?" "what happens if the homeowner refuses to participate if he/she knows the hearing will be recorded", etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnS111 (New York)
Posts: 228

Posted:

I would be sure to notify everyone that the meeting is being recorded. State law on this varies, but better safe than sorry: you don't want to violate state law if you record people without their consent.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Can I ask the meaning of "Record"? Meaning do you need to provide a RECORD of the meeting/outcome or and actual RECORDING of the meeting? To me saying "I need to record a violation meeting" doesn't equal I need to tape/video tape. Don't see why the notes have to be any different than any other meeting. They may be kept separately and not part of the official meeting notes of the HOA. It's basically like a committee meeting notes. This is a violation committee meeting in essence. It's just probably handled by the board in a separate meeting outside the board open meetings.

So define "Record" to make sure your on the right track. Don't see why it notes can't be: Homeowner was issued fine/violation for XXX rule. Their response/defense. The outcome decision. We don't need to re-write "War and Peace"... Also don't need to run to a lawyer at the drop of a lawsuit threat either. Don't let a lawyer extort you...

Former HOA President

SteveB31 (Pennsylvania)
Posts: 3

Posted:

I appreciate everyone's replies. I think I need to clarify my question though. I am not talking about audio of video recording of the hearing. Our HOA doesn't permit that. I am talking about what the recording secretary needs to write down and what form the report of the hearing should take. Also, any samples of a hearing report (with names redacted of course) would really help. In our HOA's violation hearing procedures, the Architectural Review Committee makes a five minute presentation explaining the violations. Then the accused homeowner gets five minutes to make a presentation on their behalf. Both sides get three minutes each for rebuttal. I know that I need to note any documents that are submitted into the report, along with that findings of the hearing panel, and their vote. But my main question is, how much of the oral presentations by both sides do I need to write down? I know that this is only an informal and non-judicial proceeding and nothing like a transcript of testimony is required. But how do I paraphrase of each sides oral testimony?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quorum present.

Hearing for lot xxx for violation xyz
The owner(s) were/were not present for the hearing.
Results of hearing are abc

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

You do not have to write/record any of the oral arguments.

What Tim showed is enough.

JoyceR2 (Virginia)
Posts: 156

Posted:

Correct me if this is wrong. Hearings are considered private between the Board & the specific owner. Should be done in executive session. The Board then takes the matter into consideration based on the hearing. The Board exits executive session & then makes a motion based on their decision. That motion does not name the person but notes the violation (found in violation of whatever rule). If the agenda reflects executive session i.e. Hearing:s pet & parking violations etc., the individuals should have received a letter regarding same with a date to attend the hearing. All of that should chronologically match for record keeping.

SteveB31 (Pennsylvania)
Posts: 3

Posted:

I very much appreciate all the responses I've received to my question. Thank you all. Based on the best practices that I have researched and the input that I received from everyone, here is what the board has voted to do:

The board adopted a policy resolution for the hearing procedure, which was sent to all the homeowners. A notice of violation hearing letter was sent certified mail to each of the alleged violators 10 business days before the hearing. The hearings will be held in executive session. The three member board will constitute the hearing panel, with the President as the Chairperson of the panel. As the HOA Secretary, I will be the recording secretary for the hearing. If the alleged violator fails to appear, the hearing will go on without them. A member of the Architectural Review Committee (ARC) will present the association's case. The alleged violator will present their case. Each side gets five minutes, with three minutes for rebuttal. Witnesses are not encouraged; affidavits are preferred. The alleged violator must notify the board five business days prior if they intend to have an attorney present. Audio or video recordings are not permitted. After the presentations, the panel will go into closed session to make their findings and vote on a decision and if fines will be applied. The recording secretary will note who was present for the hearing, what documents were submitted for the record, what findings the panel made, the results of the vote, and what if any fines were applied; all of which will go into a confidential letter to the violator signed by the President. The letter will state that the panel's decision is final. If fines are applied, the letter will contain a schedule for the fines, stating how many days the fines will be applied and what action the HOA will take at the end of the fine schedule to remedy the violation.

If anyone see's anything amiss with the above procedure, please let me know. Thanks again for everyone's replies.

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