Should an owner attend a hearing to testify against the tenant they’re complaining about?

I own my downstairs condo & have been complaining about the tenant above me that’s been renting for about two years. You all have made light of my situation but I’m getting more and more documentation that I think is more likely to work against her. Beginning of March this year, the mgmt office sent a hearing notice to her, allowing her to plea her case. Depending on results, they’ll fine (or won’t fine) the owner (her landlord). Since this notice was sent, the hearing committee has not confirmed a date with the office as to when hearing will take place. So far I have 3 reports, two with security documenting her being a nuisance and I had police come by yesterday. The police knocked on her door and I have documentation proving she’s doing it out of spite, two reports were from this weekend back to back (Saturday with security and yesterday with police). The Mgr suggested that I shouldn’t attend the hearing to avoid any kind of confrontation with the tenant. But I have more documentation outside of 3 recent reports that hopefully work against her and I really want to give my side of the story. Last Friday, the Mgr warned me again that a hearing does not guarantee a fine and wanted to set that expectation. When I called him today to let him know of the back to back reports this weekend, his tone changed and he said this can help.

Ask again to get another answer you want to hear? The Owner is to attend the meeting not the tenant.

-- DanielleG4, in my opinion if you now allege additional violations, the correct approach is to file another formal complaint.

Assuming this condominium is subject to FS 718 (the Florida Condo Act), by my reading --

-- A committee appointed by the board has the hearing.

-- the committee's members may not be officers nor directors nor part of management, inter alia.

-- The hearing must be open to all owners.

-- I see no requirement to permit the accuser to testify.

I apologize. I confused you with someone else that actually did quit their job to fight their neighbor in court.

My understanding is that all owners, including yourself, are allowed to attend. If the committee calls on you, then of course you can respond and speak your truth. But in my opinion and pursuant to Florida statutes, you should have no expectation of doing anything other than sitting quietly and calmly and listening.If you have already asked the manager how to attach further reports of this tenant being a nuisance, harassing, you et cetera, then I would wait to see what the manager says. Alternatively, you could contact the manager and ask if you can file another complaint, so as to document the ongoing nature of this problem. Formal documentation is everything.

At the hearing I wouldn’t be able to chime in and give a back story when they bring her up?

I agree that you attending the hearing may escalate the issues.

I would simply submit all the documentation you have with a short letter summarizing the facts (no more then one page).

Don't embellish. Don't include assumptions (things like they are doing it on purpose).

Simply state the facts and provide documentation.

I am confused on how Janel is "Defending" themselves IF they are the one bringing the charges? I mean that is called being on the "OFFENSE" not the defense...

If you have all this evidence then why can not speak for itself as you claim it would? You have video right? Why can't it say the volumes for the situation or is it because YOU have to say something? Which I think would be a terrible idea considering how emotional you are over this.

The sad part? The punishment could just be a fine in the end. Whoopie. It's not like the HOA can evict. It may be the owner can't even evict till the lease is done. So good luck in seeking your fine...

The punishment is that i pay the 20K in attorneys fees that plaintiff has already paid for representation. The HOA did not sue me. I am the defendant.

This is not just a fine type situation. It is much more involved on my counterclaim against the plaintiff

I do not rent. I OWN my property. we are in a townhouse hoa I am not sure where you got lease. both parties are owners of Real Property in a Real Covenant situation
that runs with the land, that touch and concern the land when the property is sold the new owner becomes the declarant and in out documents
a declarant or the hoa association can sue another homeowner for a breach of covenant. But, that owner must have not breached the covenant also which she has

it is not as simple as you say. Already been in court for over a year

I still am asking if anyone knows. DOES A PROPERTY OWNER ACTUALLY OWN THE PROPERTY THAT IS OUTLINED IN A PROPERTY SURVEY OF SAID PROPERTY??

DOES ANYONE KNOW?