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Violation Hearings

Started by LetA • 9 replies • 709 views

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LetA (Nevada)
Posts: 2,679
Posted:
In the CV age of social distancing, meetings are on Zoom or conference calls, and you need login information to participate. If you call an owner to a to appear to a Violation Hearing and the homeowner does not contact the PM or the BOD, do you still hold the meeting so there is a Record to show that the board did convene. Or do you just approve the fine for violation through email?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Is this something happening in your HOA?

What is the answer in your state, Let?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By LetA on 11/02/2020 5:59 PM
In the CV age of social distancing, meetings are on Zoom or conference calls, and you need login information to participate. If you call an owner to a to appear to a Violation Hearing and the homeowner does not contact the PM or the BOD, do you still hold the meeting so there is a Record to show that the board did convene. Or do you just approve the fine for violation through email?

I'm totally lost. What does login information have to do with this? Was the owner sent a link to attend a virtual hearing and didn't attend?
KerryL1 (California)
Posts: 14,550
Posted:
Pretty sure in CA the hearing must still be held. Taking action without a meeting in this situation doesn feel like it would be following due process.

Owners often don't show up for disciplinary hearings.
TimB4 (Tennessee)
Posts: 21,062
Posted:
In my opinion, you hold the meeting.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By JohnT38 on 11/02/2020 6:18 PM
Posted By LetA on 11/02/2020 5:59 PM
In the CV age of social distancing, meetings are on Zoom or conference calls, and you need login information to participate. If you call an owner to a to appear to a Violation Hearing and the homeowner does not contact the PM or the BOD, do you still hold the meeting so there is a Record to show that the board did convene. Or do you just approve the fine for violation through email?


I'm totally lost. What does login information have to do with this? Was the owner sent a link to attend a virtual hearing and didn't attend?

An owner was given a violation letter, owner needed to contact PM for the conference call password. I don't know the inner workings of these deals, I am guessing that login and passwords expire after x many days. To me it is no different that having an eyeball to eyeball meeting where the HO is summoned to a specific meeting location to appear. The BOD is there and ready for the hearing. MY feeling are the hearing should have taken place regardless if the HO attended. There would be an official recorded record of the meeting and no way for the HO to argue against the fine for the violation. At least I would be assured everything is in check. JMO
AugustinD
Posts: 5,144
Posted:
My only interest is what will happen if the Owner takes the HOA to Court. Nationwide, for private corporations including HOAs, and if no other rules or statutes address the procedure for a violation, the Courts have said that, at a minimum the private corporation must provide notice of the charge and a hearing with the accused being given a proper opportunity to be heard.

If the Owner can show that he/she was not given an opportunity to be heard (via say the login info not having been sent him or her), then I expect the Owner will prevail in court. At a minimum, he or she will get a new hearing.

If the HOA can prove (by say a letter sent certified mail) that the Owner was informed of when the hearing would be and the login info, and the Owner did not object to the time, place or method, then I expect the HOA would prevail.

As for whether a "hearing" actually occurred, assuming proper notice of the charge and the hearing occurred, at whatever meeting that occurred where the Owner failed to show, I think the HOA would be in its rights to declare a 'default judgment' against the Owner. Call this declaration the outcome of a "hearing." Call it whatever. Courts issue default judgments all the time when one party does not show up, with the caveat that now and then, a Court will agree to hold a new hearing in the name of justice and if the person who did not show has a really good reason.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Augustin--our Board does conduct the hearing whether the alleged violator shows up or not. They always are inter peer CA statutes and our Rules & Regs.

Aren't you on the Board LetA?
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 11/03/2020 9:25 AM
Yes, Augustin--our Board does conduct the hearing whether the alleged violator shows up or not. They always are inter peer CA statutes and our Rules & Regs.

Aren't you on the Board LetA?

Yes I am on the board. It irks me to the core that the other directors did not group mail on the date of the hearing to confirm or stand down. Only today did one of the directors email saying what did I miss.
GRRRRRR.

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