Displinary Hearing Procedures

I'm sorry, but this is not a similar post. I'm am making a legitimate inquiry.

I want to make sure that if fines are imposed, they cannot be invalidated by the owner. I want the fines to stick and have some bite. My hope is that new disciplinary hearing does not need to be held, and the new Board can proceed with fining.

I thought I could get some useful information here from experienced members.

I believe that was addressed in the last not so dissimilar conversation. If a fine was assessed, the next board should uphold it, although it could vote to settle the matter another way, such as reduce the fine or drop it altoghther. Since we're talking about a rule violation, I wouldn't change the ruling unless I had a really good reason. You said the violation continues, so it doesn't sound like it.

If you weren't the Mike in the last conversation, I apologize for the mix up. Although it wouldn't be first time someone came on this board asking the question in a different way, hoping to get validation on whatever it is he or she wanted to do all along.

To start, what is YOUR interest in all this? Are you the owner or a board member? If it's the latter, are you new to the board of part of the old group? Has any of this been discussed with the association attorney, especially when it became clear this might head to court?

That's one of the keys to rules enforcement - you should assume someone is going to try the process to see how long and how far to push and to see who will be the first to blink. When attorneys get involved you really need to have all your facts straight because the little things can turn a lawsuit on its head.

To wit, I agree with Melissa that there should have already been a fine schedule in place and sent to the homeowners so they will know what will happen. A good rules policy also has an appeals process because there are times when you can come to an agreement on an issue without going to court of threatening to do so and if you do get there, you may as well have something airtight so you'll increase the chances of winning. Otherwise, why bother.

Now this is beginning to sound like there's no solid rules policy and some suggested a fine, but somehow that changed to sending the nastygram from the attorney. If you're on the board, you need to go back to the former members (the entire new board) and figure what happened and when.

Meanwhile, you have someone who's breaking the rule, so if you want that stopped, either take him or her to four and see if you policy stands up, or find a way to come to a settlement. Then you can take another look at your po!icy and tweak as needed.

If you are the owner, I stand by my original statement - straighten up and fly right!

NOPE

I say the BOD does not have to rehash the whole thing. I say fining can commence assuming there is a fining schedule.

In my experience, this is not a schedule of fines on which a court of law would put its stamp of approval. What you posted would allow a board to charge one fine to one member and a different fine to another member who committed the same violation. Or the board might fine a violator once, then the violator fails to correct the situation within, say, 30 days. From where does the board draw its authority to keep fining for the same violation? Only from 'making it up as they go along,' a.k.a. caprice. Courts do not tolerate caprice. Courts want to see "due process" in the administration of HOA/Condo fines. Due process should be pretty exacting, even if it is "only a HOA/condo." It's a mini-city, with the board and manager having a lot of power over how people enjoy or do not enjoy the use of their homes.

More clues on the subject appear at: https://www.davis-stirling.com/HOME/Fine-Policy