Disciplinary hearings reporting in CA

Started by DavidP29 • 17 replies • 329 views

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DavidP29 (California)
Posts: 100

Posted:

Am I reading Davis Sterling act correctly on the below.

Annual Policy Statement must have as needed.
Disciplinary Hearings. Give notice of disciplinary hearings and the results of those hearings. (Civ. Code §5855.)

Meaning at yearend we include details around disciplinary hearings to all the owners (as needed). Wouldn't the owner name need to be redacted at minimum?

MaxB4
Posts: 3,513

Posted:

Below is some links to what should be included in the Annual Budget and Annual Policy Statements, which your association should have mailed the end of September.

ANNUAL BUDGET AND POLICY DISCLOSURES

https://www.davis-stirling.com/HOME/A/Annual-Budget-Policy-Disclosures#axzz3OtyTLrVr

INTERNAL DISPUTE RESOLUTION (IDR)

https://www.davis-stirling.com/HOME/I/Internal-Dispute-Resolution

PRE-LITIGATION ADR

https://www.davis-stirling.com/HOME/H/HOA-Pre-Litigation-ADR

ADR-IDR LITIGATION COMPARISON

https://www.davis-stirling.com/HOME/I/IDR-ADR-Comparison

KerryL1 (California)
Posts: 14,550

Posted:

Please cut & paste the exact quote form Davis-StIrling.com. I believe you read it wrong.

Hearings for alleged violators are held in executive session in CA. The detailed results are not shared with the membership (Owners). A board could announce something like: an owner was fined for a parking violation, if it wishes in its required executive session disclosure at an open board meeting.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By DavidP29 on 12/22/2021 9:57 AM
Am I reading Davis Sterling act correctly on the below.

Annual Policy Statement must have as needed.
Disciplinary Hearings. Give notice of disciplinary hearings and the results of those hearings. (Civ. Code §5855.)

Meaning at yearend we include details around disciplinary hearings to all the owners (as needed). Wouldn't the owner name need to be redacted at minimum?

The policy statement provided to homeowner is what steps the association will take when discipling an owner. It is not to reveal to the other owners on an annual basis the association took disciplinary action against.

BenA2 (Texas)
Posts: 1,273

Posted:

5855 only talks about notice to the individual who is the subject of the disciplinary action.

Can you tell us where you got the information that you must give details of disciplinary hearings in an annual report? The only thing I could find is that you have to include disciplinary policies and fine schedules in the annual report, not details about disciplinary hearings.

KerryL1 (California)
Posts: 14,550

Posted:

I am learning that David is very new at reading HOA items and often does to interpret them correctly. I've asked him too, ben for the quotation to see what went wrong this time.

DavidP29 (California)
Posts: 100

Posted:

This is the link. I am asking for clarification. Yep, I am new. A couple months in.

https://www.davis-stirling.com/HOME/A/Annual-Budget-Policy-Disclosures

Language is what I provided in first message.

It is under the As Needed section

Disciplinary Hearings. Give notice of disciplinary hearings and the results of those hearings. (Civ. Code §5855.)

MaxB4
Posts: 3,513

Posted:

This is the statement we send out annually along with the IDR and ADR procedures.

Civil Code §5855. Notice of Hearing; Notice of Decision.

(a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.

(b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.

(c) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 15 days following the action.

(d) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.

KerryL1 (California)
Posts: 14,550

Posted:

Max cites Civ.5855 for us, David. It means that the alleged violator must get "notice" and also must get written results of the violation hearing.

It does NOT mean that members (owners) get to know the results of disciplinary hearings--as I explained above. The hearings are confidential and held in execute session. Does your board hold disciplinary hearings?

MaxB4
Posts: 3,513

Posted:

I think I'm going to defer all California topics to KerryL1 with all her "massive" experience.

KerryL1 (California)
Posts: 14,550

Posted:

Jeez, max, I ven cited your contribution... is this a nasty time of year or month for you?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 12/22/2021 7:50 PM
Jeez, max, I ven cited your contribution... is this a nasty time of year or month for you?

You and your sidekick can hold down the fort. I have open heart surgery scheduled for Friday.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MaxB4 on 12/22/2021 8:12 PM

Posted By KerryL1 on 12/22/2021 7:50 PM
Jeez, max, I ven cited your contribution... is this a nasty time of year or month for you?

You and your sidekick can hold down the fort. I have open heart surgery scheduled for Friday.

Max

Best wishes for no problems and a speedy recovery. Not a pretty way to spend Christmas Eve.

BancsS
Posts: 269

Posted:

Quote:

Posted By JohnC46 on 12/23/2021 9:51 AM

Posted By MaxB4 on 12/22/2021 8:12 PM

Posted By KerryL1 on 12/22/2021 7:50 PM
Jeez, max, I ven cited your contribution... is this a nasty time of year or month for you?

You and your sidekick can hold down the fort. I have open heart surgery scheduled for Friday.

Max

Best wishes for no problems and a speedy recovery. Not a pretty way to spend Christmas Eve.

I wish you the same. - BancsS

DavidP29 (California)
Posts: 100

Posted:

Quote:

Posted By KerryL1 on 12/22/2021 7:27 PM
Max cites Civ.5855 for us, David. It means that the alleged violator must get "notice" and also must get written results of the violation hearing.

It does NOT mean that members (owners) get to know the results of disciplinary hearings--as I explained above. The hearings are confidential and held in execute session. Does your board hold disciplinary hearings?

They have in the past, although I have never attended one.

DavidP29 (California)
Posts: 100

Posted:

Quote:

They have in the past, although I have never attended one.

KerryL1 (California)
Posts: 14,550

Posted:

So, washout question answered adequately?

DavidP29 (California)
Posts: 100

Posted:

Quote:

Posted By KerryL1 on 12/29/2021 8:52 AM
So, washout question answered adequately?

Yes, thank you.

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