Hearing Procedure

Started by JulieS • 9 replies • 5893 views

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JulieS (Georgia)
Posts: 412

Posted:

We have a hearing scheduled as requested by a homeowner because we denied her ACC request. Can someone give me the proper procedures for a hearing? We had a hearing once, a few years ago, and it didn't go well (I ended up with dead grass and another board member with dead shrubs). Our documents do not state any specifics on hearings other than a homeowner can request one. Didn't find anything on this subject already posted so any help is appreciated.

Thanks

RogerB (Colorado)
Posts: 5,067

Posted:

Julie, following are some guidelines:

Conducting an HOA Hearing

The following procedures are suggested:

1. The Board should establish a Hearing Committee. Often the Board serves as the Hearing Committee or the Board may wish to have a Board member chair the committee. One disadvantage of not having a Hearing Committee which is separate from the Board is that there is no means to appeal Covenant violation restrictions. However, some associations do not have sufficient people available to serve or the Board may not want to delegate authority to them.

2. If not provided by the Board, the Hearing Committee establishes the Hearing procedures.
Such as:
 Establish total time allowed for each Hearing and whether or not the Hearing is open to visitors.
 Establish who may speak and when, i.e., when may committee members, alleged violator, and
complainant(s) ask questions. The chair may wish to withhold questions until hearing all parties
depending on the circumstances.
 The complainant(s) present their charges, testify, and present their evidence.
 The alleged violator testifies, presents their evidence, and their witnesses (if any).
 At the conclusion of testimony and questions the Hearing Committee Chairperson advises when
their decision will be provided.
 After deciding the Chairperson may issue a verbal decision at the meeting. In which case
those found to be in violation may be issued a verbal deadline for compliance at the Hearing.
The Chairperson should issue a written decision for each and every Hearing.

3. The Hearing committee establishes the date, time, and location for each Hearing and provides notice to the alleged violator and complainant. The Notice of Hearing should also advise on the procedures to be followed. Either party may be allowed to be represented by another person or attorney if it is so requested.

DARCO 1/10/03

JulieS (Georgia)
Posts: 412

Posted:

Thanks Roger...

This person planted a number of shade trees in the front yard without submitting an ACC request per the covenants and design standards. After receiving a violation letter, she submitted a request which was sent back due to lack of information. We received a second request and denied it due to the number and size of trees she planted, existing trees, the small lot size and preserving continuity of the neighborhood. We also denied 8' shrubs that she wanted to plant within the road easement which would create a safety issue in backing out of the driveway. The management company sent a letter stating her request was denied but that she could plant the trees in the back and side yard without ACC approval. The management company also told her she could request a hearing, which she did because she does not want to move the trees. We do not have a hearing committee due to lack of volunteers.

We will let the homeowner present her 'case' and we can ask questions, etc. We can then let her know the decision at the meeting or by mailing a leter with a deadline to move the trees she has planted. The board has no intention of changing it's decision, especially because she doesn't want to move them.

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By JulieS on 11/20/2006 10:33 AM
The board has no intention of changing it's decision, especially because she doesn't want to move them.

Julie, I would suggest any Board member who can not listen to the owners arguments with an open mind prior to making their decision should recussed themself if they aready know their decision.

JulieS (Georgia)
Posts: 412

Posted:

Is a quorum required for this?

JulieS (Georgia)
Posts: 412

Posted:

Is a quorum required for this?

RogerB (Colorado)
Posts: 5,067

Posted:

A Hearing is not a Board meeting so unless your By-laws require a quorum for a committee meeting there is no such requirement. I would suggest at least three members of the Committee be present.

JulieS (Georgia)
Posts: 412

Posted:

That was a dumb question

Of course it is....

JulieS (Georgia)
Posts: 412

Posted:

Our covenants state that a hearing can be requested regarding a fine that was assessed. It doesn't mention a hearing for anything else (like an ACC request that was denied). It also states that all meetings with board members need to have a quorum to conduct busines. Now I am getting confused... If we only have three people attend the 'hearing' and one excludes himself then the two people will make a decision and that seems odd. I'm thinking she should never have been able to request a hearing, just resubmitted her ACC request. Maybe I am making more of it than needs to be.

JulieS (Georgia)
Posts: 412

Posted:

This is what our bylaws state but it is under 'fines':

(b) Hearing: if a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. No fine shall be imposed prior to the date that is five (5) days after the date of the hearing.

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