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MikeW22 (California)
Posts: 4
Posted:
I have a situation where the Board held a disciplinary hearing against a homeowner for using their home as a short term rental. The homeowner was found in violation, but the Board decided to not impose fines. Instead, the Board instructed its counsel to send a cease and desist letter. The letter was sent. The violation remains ongoing. Since then, a new Board has stepped in.

Does the new Board need to hold another disciplinary hearing in order to impose fines?

I think as a matter of due process - yes.

MarkW18
Posts: 1,290
Posted:
No, UNLESS they want to change he decision of the previous board.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Agree.

They should be urged to continue the process.
KerryL1 (California)
Posts: 14,550
Posted:
Aren't you the violator, Mike, per a previous post? And you continue to violate this covenant? And you still want to run for the board?

Anyway, with MarkW & George, I agree no additional hearing needs to be held unless the new board wants to rescind the previous board's decision.
SheliaH (Indiana)
Posts: 6,964
Posted:
I thought this situation sounded familiar.

Mike, why exactly do you feel the rules apply to everyone else, but you? You violated the rule, you appealed, you lost. And now you want to get on the board so you can get out of paying or somehow persuade the board to vote again on the fines, hoping they'll overturn them.

You do realize at this point it's probably best to take your lumps, pay the fine and son no more. Why, pray do you have a or it with that? You knew rule, you broke it and have to pay the consequences. That's life in all its dirty and beauty so move on.

If you think the rule should be changed, stop trying to do an end run around it. Talk to the board about your issues and make a suggeztion. See if you can rally some of your neighbors to support you. That's how grown people address problems.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Well said, Sheila!

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