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Posted By JosephH6 on 05/11/2020 12:12 PM
I have an HOA management company (Associa) that helps manage the HOA. Should I let them facilitate?
No. In my opinion, such a hearing is not a situation where the manager should either speak for the HOA or act as some kind of "judge."
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Posted By SheliaH on 05/11/2020 2:17 PM
Since there's a disciplinary hearing, I assume you've already sent a notice to the homeowner regarding the time and date. You may want to set a deadline by which he/she should contact the board about rescheduling if necessary. I think this should be done in writing or through a phone call to the property manager (just be sure the property manager forwards the request to the board in time).
I agree with doing this or similar.
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Posted By SheliaH on 05/11/2020 2:17 PM
You may want to designate one Board member to present the association's side - everyone else should listen and take notes.
No, do not do this. It looks too much like a HOA Director is appointed the "prosecutor"; the member is the accused; and the remaining directors are the judges. In fact, All HOA Directors are the judges in such a dispute. All HOA directors must appear to be impartial.
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Posted By SheliaH on 05/11/2020 2:17 PM
Start with a recap of the violation - when and how was it discovered, the specific section in the CCRs that was violated, when letters were sent and the homeowner's response, if any. You should be able to provide dates on which things were done, along with testimony by witnesses (if any) and other evidence like photographs (date and time stamped preferred).
I agree with this part. Then ask the member why she or he feels this is not a violation.
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Posted By SheliaH on 05/11/2020 2:17 PM
Before [the hearing] start[s], remind everyone this is not the time or place for name-calling cussing, threats and other bad behavior. Do not interrupt while others are talking, turn off the cell phone (I wouldn't even set it on vibrate, otherwise, the person will have to leave the room to take the call). This applies to board members as well as the homeowner. If this is an executive board session, people who AREN'T witnesses shouldn't be there.
Agreed.
I also suggest that the Board simply ask questions of the accused. No one should be making any argument for the HOA unless it's a veiled argument, in the form of a question. For example, after the opening comments and reading of the violation and hearing the member's explanation of why she or he feels this is not a violation, Director Sally R. might ask: "Do you understand that the HOA Board has a legal obligation to enforce the covenants? Do you understand that if the HOA Board rules one way for a violation and then, with a different HOA member, the HOA board rules differently, then the Board could get in trouble?" In other words, try to encourage the directors to use a Socratic approach.
If the HOA member is clearly in the right, then the Board should hear him or her out, without committing to a decision.
A vote on whether the violation will continue to be enforced should then be done after the hearing, without the accused present. The accused should receive a formal letter that states what the board's decision is.