MarjorieW (New Jersey)
Posts: 2
Posts: 2
Posted:
Our BOT hears appeals after JC has ruled. Would like to hear some opinions on this.
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judiciary committee
Started by MarjorieW • 5 replies • 1528 views
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
What opinions? It should be clearly stated in your bylaws whether the Board can overturn the JC in the appeal process or not.
What does the bylaws say about who gets to make the FINAL decision from the appeal?
What does the bylaws say about who gets to make the FINAL decision from the appeal?
MarjorieW (New Jersey)
Posts: 2
Posts: 2
Posted:
Our by laws state that the board hears all appeals. My question is ,do you think this is fair,should the by laws be changed?? We are currently having an election to change certain by laws.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
I would leave it as is; it makes for a good appeal process. Besides which when you have a committee which gets its charter from the BOD deciding things which the BOD has no say in the matter you get anarchy. For what happened to one HOA when a committee became autonomous http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/44422/Default.aspx
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Appeals for what?
Results of disciplinary hearings?
Results of architectural decisions?
In any case, if there is a hearing and the JC has been charged with coming up with a final decision, then that should be that.
However, to have the Board make the final decision - based on the findings and RECOMMEDNDATION of the JC - is the best way IMHO.
Besides, then the final decision comes from the Board and is more "official". But it has to be clear that the decision of the Board would be final and there would be no addiitonal appeals after that.
Results of disciplinary hearings?
Results of architectural decisions?
In any case, if there is a hearing and the JC has been charged with coming up with a final decision, then that should be that.
However, to have the Board make the final decision - based on the findings and RECOMMEDNDATION of the JC - is the best way IMHO.
Besides, then the final decision comes from the Board and is more "official". But it has to be clear that the decision of the Board would be final and there would be no addiitonal appeals after that.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Frankly, I believe it all boils down to whether or not the assn is concerned with due process. If the board is charged with enforcing the rules of the assn., authorized to conduct hearings and have the final say regarding those hearings, then there is NO due process. To have due process an entity different than the one who issues the violation must conduct the hearing. It should be noted that most assn docs are written w/o regard to due process, a point continually argued by many HOA advocates.
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