Quote:
Posted By LetA on 10/16/2020 12:04 PM
the board called for a fine and letter to appear before the board. that incident happened 2 months ago and the hearing meeting is scheduled at the 75 day mark. I feel the hearing should have occurred within 14 days of said incident not almost 3 months later.
I am reading about what the courts say about enforcing due process rights as provided in either state HOA/condo statutes; the Declaration; the Bylaws; and Board-enacted Rules and Regulations.
"Due process" means the hoa/condo has to be "fair." The courts by and large nationwide have adopted some basic definitions of what "fair" is. Nationwide the courts at a minimum want to see the accused given notice of possible fines and violations and a hearing for same. Some of the courts speak of a HOA/condo's obligation to comply with the due process rights as given in their governing documents (right down to the rules and regulations).
Also persistently one sees condo/hoa statutes and governing documents that speak about fines having to be "reasonable."
I think there's an argument that a hearing given so late that evidence is lost; memories are foggy; and the like; is prima facie evidence that the fine is not "reasonable" and the board is not acting in good faith."
If I were the judge in a HOA v. Owner lawsuit where the HOA was trying to collect on a fine against the Owner, and the Owner said the hearing was offered so late that (1) evidence was lost, and (2) the Owner could point to specific evidence, that could have exculpated the Owner, having been lost on account of the delay, I think I'd rule the fine was unreasonable and so rule in favor of the Owner.