Hearing with HOA

We have a hearing scheduled with the HOA about my tenant and violations they claim are still happening. We were told it would be a closed meeting with the HOA board, property manager, lawyer (represents condominium... not sure who she represents), owner (me) and any witnesses I want to bring to prove the violations have not occurred or were abated in the time frame (10 days). Today our association posted a link stating the time and place of the meeting and has it open to the public. When I called the lawyer she continued to state it was a closed meeting and they can bring witnesses they have to defend the violations. When I asked her about it being posted as open to public she stated "I'm not obligated to give you any legal advice" and hung up on me.

I find this violates our privacy and goes against what a "closed" meeting actually is... any advice??

Thank you! I requested it to be a closed meeting and was told it was a closed meeting. The lawyer is saying they are allowed to bring witnesses....which is fine but why is it posted as a public meeting like a regular board meeting. I feel this go against our privacy as owners. Laws need to be changed to stop allowing HOA’s so much power. They basically create their own government!!

Consult your state's laws on the subject.

For example, here in Florida, any such meeting is REQUIRED to be open and noticed to the community.

For Florida HOA's and condos, it appears that hearings involving non-architectural violations are heard, "before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee." See Florida statute 720.305(2)(b). Since such hearings are not board meetings, and pursuant to 720.303, it appears to me that such hearings are not required to be open to all HOA members. See Chapter 718 for the Florida condo statutes stating the same.

Reinforcing this:
https://www.hoaleader.com/public/Condo-HOA-Violation-Hearings-4-Experts-Explain-Who-Can-Attend.cfm

It sounds like they are making the meeting "Public" in order for them to have more witnesses come forward. Seems your tenants may have caused additional issues that others may want to speak up about. For example: Maybe they make it a habit of playing loud music with windows down driving through the neighborhood. Other members may want to come to the meeting to talk about it.

Here is the problem. Not much you or the HOA can do IF your rental agreement doesn't have it in the agreement to obey the HOA's rules. You can't evict your tenant for violating the HOA's noise restriction if you don't have it in your rental agreement violating the HOA noise rules is a cause for termination of lease.

This is why I ALWAYS recommend landlords put in their lease agreements that their tenants must obey the rules of the HOA. Plus provide them a copy of the CC&R's and Articles of Incorporation as those are public documents. (Everything else HOA exclusive). It protects the landlord and allows them to evict their tenants for violations. The HOA typically can't evict someone tenant but hold the owner feet to the ground. Which means the Owner has to be pay the fines.

So I would start looking at your rental agreement to see what it takes to evict your tenant if need be. Plus next time write in the caveat about following HOA rules...

A HOA can't evict your tenant. Which is frustrating for them. I say bring the proof violations were corrected. The HOA can hold your feet to the floor for the tenant's violations. However, the HOA has to prove they have the right to fine and have a fining schedule for violations. They can't just take a random # from the air.

Example: NOT removing garbage can on Friday after pick up on Thursday. That is a $25 fine per day etc... That should be defined in a fining schedule.

Kristine, write the board a letter like the following, and send it certified mail, return receipt requested: "Dear Condominium Board, The Association alleges three violations against my unit. Section 11-113(b)(3) of the Maryland Condominium Act states that you must hold a hearing "in executive session." But in apparent violation of the Condominium Act, the Association has opened this hearing to all members. If I appear at the hearing and it is still open to all members, I will have no choice but to refuse to participate. Furthermore, since a hearing open to all members is unlawful, my understanding is that actions taken at this hearing will also be unlawful, and so I will not be bound by any decision made at this hearing. Thank you, ____ _____, Unit ___, _____ Condominium Association, _____, Maryland Email: _______ Phone ________."

If the hearing remains open to the public, attend but read and re-read the pertinent sections of the letter aloud in response to any question put to you. Say nothing else.

Regarding the condominium harassing your tenants because of their children: You need to document specific acts that show the condominium is homing in on the children. Then seek an attorney.

allegedly peed, photos from the lawyer of the pee and tenant admitting the dog peed on the carpet... not sure I would push back so hard on the HOA saying you cant prove its pee or even her dog. LOL.

Your tenant sucks. You, the owner, will pay the financial penalty for renting to her.

As for an open vs closed meeting? Who cares? Your not even the person who did the violation. Your simply the one who pays for it.

Well, just because towing is in the budget, doesn't mean its an expense in the financial ledger. Meaning the HOA budgeted for it, but didnt use the service or spend all the money.

Someone moves on and leaves a derelict car behind. Someone parks in a Handicap designated spot and refuses to move. Several reason an association would pay to tow a car.

Thank you!! They now changed it on their Facebook page as a board meeting. How can we have a board meeting and hearing the same place and time?

A board meeting is made up of a general session (open to all members if you're an open meeting state) and an executive session (during which confidential information is discussed and which is closed to members unless they are involved in one of the confidential discussions). Unless your governing docs or state law says otherwise, a hearing is an acceptable activity for an executive session.

Any thoughts on whether the OP has the right to know the names of the "witnesses" in advance of the meeting?

I asked the lawyer if I could know who they plan on inviting as witnesses because whose to say they just don’t invite people they are friends with?? She laughed at me and said “I don’t have to give you that information”

I do not agree. For certain topics, and pursuant to case law and sometimes statute, motions can and should be made in executive session.

NpS, my opinion is that due process (even at the HOA level) has not been achieved if the accused does not know who the witnesses are in advance. The accused has to have a reasonable chance to prepare questions for witnesses.

Kristine, for what it is worth, the HOA attorney by law is vehemently not on your side. She or he will try to intimidate you. She or he can and will lie to and about you, and you will have no recourse to stop the lies. If you can afford it, hire an attorney to do the same to the Board.

Before you go into the hearing, make sure the HOA has the ability to fine you based on the Docs. Our HOA in Maryland does not have the power to fine in the docs even though the "rules" give a fining schedule.