Violation Panels

Started by ConnieS1 • 7 replies • 1349 views

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ConnieS1 (Washington)
Posts: 10

Posted:

I would like to know how HOA's are handling their violations panels. We have allowed our people to appeal their fines before a appeal board. We have found out from our lawyer that the board should be handling the appeals. Could anyone tell me how they handle this process?

PeterB1 (Florida)
Posts: 257

Posted:

Florida law is VERY specific about how appeals are to be handled. They may NOT and are NOT handled by the Board of Directors.

However, this is applicable to Florida and you probably should check the Statutes for your state.

peter

TimB4 (Tennessee)
Posts: 21,059

Posted:

Connie,

Our Architectural Committee handles enforcement. Appeals of the committees ruling are brought to the Board.

Tim

RichardP13 (California)
Posts: 1,767

Posted:

Tim

What if a majority of the committees are board members?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Richard,

If a Board member is serving on a committee, that board member declares that fact and, based on conflict of interest, is removed from the appeal process. Currently we have no board member serving on our Architectural committee.

If the entire Board has taken over the duties of the committee - then the only real appeal available to a homeowner would be a court of law. Fortunately, this has not happened (at least to my knowledge).

I should point out that the even the Board is not the final say. The homeowner always has the option of bringing the matter to a court of law.

Tim

RichardP13 (California)
Posts: 1,767

Posted:

We have two of the three committee members are board members. Almost all others have either two to three board members on the committees.

HB (Oregon)
Posts: 143

Posted:

Quote:

Posted By ConnieS1 on 02/04/2010 3:13 PM
I would like to know how HOA's are handling their violations panels. We have allowed our people to appeal their fines before a appeal board. We have found out from our lawyer that the board should be handling the appeals. Could anyone tell me how they handle this process?

In our association the Board hears appeals.
We have a very specific Financial Penalties Resolution. We mail a courtesy notice, followed by a violation notice which gives them the option of requesting a hearing. If they do not request a hearing and the violation continues, they are fined.

The Board handles violation and appeals decisions.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Connie,

If your gov docs specifically say all appeals are handled by the BOD then that is what you must do. In AZ, a fine cannot be levied until the member has the opportunity to appeal the violation before the BOD. If they do not appeal, then the fine can be issued if the violation is not cured w/i the time specified. If a member requests an appeal, the BOD will set up a time for him/her to appear before the board. At the appeal, the member states his case. The board may ask questions and may make a ruling at that time or tell the member he will be informed of their decision at a later date.

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