The Road to a Correct Penalty

 


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If you live in an HOA area you are automatically subject to HOA laws including State, County, Local CC&R's, Bylaws and Board Rules.

The Board of Directors has a right and an obligation to equally enforce the governing documents for the good of the Association. Please note the important word is "equally".

The current Board is very fair and sends out courtesy notices to alert the residents that there may be a problem in conflict with the governing documents regarding you or your property, however the notices are not part of "Due Process" and the board cannot use the courtesy notices to as a starting date to impose a penalty.
If you have been fined by the current Board, it is the non-legal opinion of this Web Site that the following steps are necessary:

The road to a Correct Penalty starts with Due Process and the process begins when:

  1. You receive a proper Notice of Hearing in which the alleged violation is detailed with the precise CC&R and/or Board Rule listed in the notice.  The notice must contain the date, place and time of the hearing
  2. There is a signed complaint on file.  The law does not allow an anonymous complaint.  You have the Constitutional right to confront your accuser.  A resident or a member of the Board who has verified the violation can sign the complaint. The law does not allow multiple anonymous complainers.  In other words the Board cannot tell you that "several neighbors" have complained. The Board cannot impose fines if the complaint(s) are anonymous unless there is a photo or video that proves the violation(s) or if a Board member is a witness to the violation.
  3. If  a fine is imposed, the fine must be on the "Schedule of Monetary Penalties" that you receive each year in your Annual Packet.
  4. Any and all actions by the Board need to be fair and not arbitrary or capricious.