Notice procedure of a delinquent owner, is this a violation?

Must a board give notice and a right to a hearing for a delinquent owner?

Yes to written notice - it's needed to comply with debt collection procedures. However, a hearing for delinquent assessments is going to be a bit different from one involving fines and routine violations.

In the latter case, the board has the authority to reconsider the violation, waive fines, and the like.

They do not have the authority to waive assessments. The end product of a delinquency hearing may be a payment plan to allow the owner to get back on track. Or the board may receive new information that will allow them to make better decisions about their collection efforts. But the goal is always payment in full - partial payment means that the lien stays in place, late fees can continue to accrue, and legal costs can be assessed to the delinquent homeowners. The only cases I'm aware of where homeowners can end up paying less is though bankruptcy or through a foreclosure sale that nets less than the amount outstanding.

In other words, a hearing for routine violations is a discussion with the board. A hearing about delinquent assessments is a legal procedure. Given how exacting the debt collection laws are, at the very least the association attorney should be present and should do all the talking to avoid misstatements. In fact I would lean toward having all communications with the delinquent owner in writing and no in-person meetings at all (unless it was in a court).

Association's monthly ASSESSMENT if not paid would be in violation of the CC&Rs.

Section 5311.081 | Powers and duties of a board of directors.

(C)(1) Prior to imposing a charge for damages or an enforcement assessment pursuant to division (B)(12) of this section, the board of directors shall give the unit owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, that includes all of the following:

(a) A description of the property damage or violation;

(b) The amount of the proposed charge or assessment;

(c) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment;

(d) A statement setting forth the procedures to request a hearing pursuant to division (C)(2) of this section;

(e) A reasonable date by which the unit owner must cure the violation to avoid the proposed charge or assessment.

(2)(a) To request a hearing, the owner shall deliver a written notice to the board of directors not later than the tenth day after receiving the notice required by division (C)(1) of this section. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the board may immediately impose a charge for damages or an enforcement assessment pursuant to division (C) of this section.

(b) If a unit owner requests a hearing, at least seven days prior to the hearing the board of directors shall provide the unit owner with a written notice that includes the date, time, and location of the hearing.

(3) The board of directors shall not levy a charge or assessment before holding any hearing requested pursuant to division (C)(2) of this section.

(4) The unit owners, through the board of directors, may allow a reasonable time to cure a violation described in division (B)(12) of this section before imposing a charge or assessment.

(5) Within thirty days following a hearing at which the board of directors imposes a charge or assessment, the unit owners association shall deliver a written notice of the charge or assessment to the unit owner.

(6) Any written notice that division (C) of this section requires shall be delivered to the unit owner or any occupant of the unit by personal delivery, by certified mail, return receipt requested, or by regular mail.

Last updated June 29, 2022 at 2:27 PM

Does your state have the same State laws? They are above your reply.

None that I can see. Those are usually addressed in the governing documents, so that can vary by community. Most of the state law only applies to HOAs established after July 2009, although older communities could vote to be governed under it. Some things apply to everyone, like a provision on homeowners to install solar panels (that was added last year). When we send out the collection policy (it's sent every December with the upcoming year's budget), homeowners are also told to contact the board or property manager if they've run into financial trouble so a payment plan can be negotiated.

The key is communication - if you don't come forward and explain the situation, what am I to think if months go by without paying anything? Most grown folk know that if they fall behind in any bill, the onus is on them to let the creditor know as soon as possible, explain the situation, and negotiate a payment plan. Creditors understand that stuff happens and a slow nickel is sometimes better than a fast dime, and if you had a good payment record before running into trouble, the creditor is more likely to work with you. With HOAs, though people sometimes get the legal obligation to pay confused with stuff like exterior change requests or CCR violations - those are all separate issues and should be addressed accordingly.

Guy, section (B)(12) describes what an "enforcement assessment" is. The regular monthly assessment is not an "enforcement assessment."

I see no need to provide a hearing for someone failing to pay their dues.

There are those very rare assessments that involve the HOA fixing a violation and sending the member the bill. This is not the same as dues or a special assessment. This is for damage or violation rectifying. That may include a meeting prior to correcting violation and sending owner the bill.

Otherwise dues are due no matter what

I see no right to a hearing for failing to pay the regular assessment. If you think otherwise , please quote back exactly what in the statute requires the hoa to offer a hearing.