Tips for Conducting Appeals Hearing????

Good day group--- As luck would have it I have been asked to sit at a hearing for our Appeals Commitee- This will be my first time and I am looking for input as to how does this proceed.. I have been given a heads up that the "complaining party" will not likely appear .....Does this hearing run somewhat similar to the court system that if indeed the complaining party doesn't show - we dismiss the fine already imposed by the Board? I know he has given a written statement but I personally like to look in peoples eyes when they are telling their side of the event....All help is appreciated- Again Thanks for input...Linda C

Roger--- The Board fined the guy at the meeting- then the guy said he wanted a hearing before the appeals committee.....The person who filed the oringinal complaint more than likely will not appear at the hearing..I read the complaining letter and have problems with the consistancy of his statement..too many holes.....If he is NO SHOW - and if I understand correctly what you are saying - If the violators story is more compeling and the complaintant isn't there to answer questions -- NO FINE MAY BE IMPOSED? Been a long week so forgive my slowness.......thanks LindaC

Roger is right. Did your board issue a fine based solely on the complainer's letter without first holding a hearing? Were letters sent? Doesn't your documents spell out due process before issuing fines? This is the type of HOA activity the media loves to get a hold of. (In Arizona the homeowner could file a complaint against your board before a state administrative law judge for ignoring state law.)
In any event, you seem to think the complainer's letter is full of holes and he/she doesn't even have the guts to appear at the hearing? I think your board owes this homeowner a huge apology and in the future take some lessons in due process. Harold

Okay have the scoop on how fines are levied... You file complaint- it goes before the board at the meeting...if the board feels you are in violation they levy a fine.then the management sends a letter stating that the board finds you have violated whatever rule it is and what the fine $$$ amount will be- You then have 14 days to file an appeal to the violation and the fine amount.Then we have 30 days to set the date for the appeals commitee hearing.everyone shows up we listen,read lettters,etc- then everyone leaves but the commitee- we talk we weigh the evidence presented to us then say whether or not a violation has indeed taken place.. we then discuss how much to fine them if anything then give our decision to the management and they then inform the violators.. To be fair,today knowing that it was a reckless driving violation I printed satalite images of our roads where the incident took place- brought a red pen and a blue pen. made both sides draw out how it happened and where it happened...Pretty cool huh? Then we had a "visual" of the incident.....Listen to them first then read back to them their statements - had questions as some of it didn't jive.....figured all that out and we made our decision..2 violations- first one we reduced the fine in half- the second one we upped the amount as it was serious enough and luckily no one was injured as a result of it--- So all in all a good experience and would most likely serve again of asked......Happy daylight savings time Linda C