ACC appeals, open or closed session?

Started by DarylF • 8 replies • 1723 views

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DarylF (Washington)
Posts: 157

Posted:

Is an ACC appeal done in open or closed session? Our CC&Rs are not clear.

If open, are other homeowners given an opportunity to voice their opinion?

Thanks.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Just out of curiosity, why would "other" homeowners opinions carry any weight?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Too bad your documents are not more clear.

Normally, "hearings" are done in private.

Since this is an "appeal" why don't you ask the person who is appealing to provide a list of people he wants for the hearing. The burden of the appeal is on him/her to change the original decision, anyway.

Your comittee needs to get procedures for the appeal process.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Daryl,

In AZ the appeal should be conducted in an open meeting to be IAW the HOA open meeting law. In states that do not have an open meeting law the HOA BOD can make the decision as to whether or not the appeal hearing should be in an open or closed session. Frankly, I think it should be a closed session but only if the h/o chooses. Also, IMO, this is not something that other members should be commenting on.

DarylF (Washington)
Posts: 157

Posted:

Quote:

Posted By MicheleD on 03/11/2009 12:39 PM
Just out of curiosity, why would "other" homeowners opinions carry any weight?

Random example: Someone is building a workshop and it got rejected by the ACC and they appeal it. The person next door may have strong objections to the placement of the workshop for whatever reason. Shouldn't their objection to the workshop be heard at the appeal?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Like I said, the appeal process is to try to CHANGE the mind of the decision of the board from a negative to a positive. There would be no reason to re-affirm the negative objection from the neighbor. If he's afraid of a decision change, he should send a letter to the board reaffirming his agreement to the the original decision.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Daryl,

IMO, the A/C should not seek approval/disapproval from neighbors. They should have guidelines in place that would allow them to make their decision. If the A/C feels the need to ask the neighbors what they should do then they have no business being on the committee and making decisions. Neighbors come and go (and neighborly friendships come and go), so relying on what the neighbors think or want is not the proper thing to do. Just my opinion!

An appeal hearing should be between the h/o and the BOD -- period!

EllenS1 (Florida)
Posts: 1,148

Posted:

Michele,

I live in an hoa of town homes. Our docs state that in addition to have acc approval the adjoining units must sign on to it. As an example we had an owner who wanted to add a sunroom to the rear of her house. It was approved by her neighbors since it did not affect them. We also had one on the water side that was not approved since it would deny owners on either side of their water view.

DarylF (Washington)
Posts: 157

Posted:

thanks for the replies!

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