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Subject: procedures leading to Hearing committee charges

Started by HarveyR ā€¢ 5 replies ā€¢ 1183 views

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HarveyR (Florida)
Posts: 4
Posted:
Subject: procedures leading to Hearing committee charges

I'm looking for applicable laws or sample regulations governing the procedures for bringing an owner before a Hearing Committee.

Who may make a charge; owners, management, Board, etc. ?

Does anyone have a veto power over a charge to block a charge?

How are frivolous charges handled...by the Hearing Committee itself or by another entity?

Thank you.

Harvey Rosenwasser
CarolF (Florida)
Posts: 435
Posted:
Are you in a condominium ( under Fl statute 718) or a single home HOA (under FL statute 720).
What type of violation does this involve?
HarveyR (Florida)
Posts: 4
Posted:
This concerns a Florida Homeowner's Association. I believe Chapter 720 (the new designation) applies to our association. I'm seeking successful rules on how cases are referred to the Hearing Committee (and not the functioning of the Hearing Committee). Questions such as:

Can any owner make a complaint against another owner?
To whom is the complaint made... management, board, or directly to the Hearing committee?
Does anyone (Manager, Board) have veto power on the process or must the Hearing Committee consider every complaint? May they refuse to hear a case?

Many thanks for any input.

H.M. Rosenwasser
HarveyR (Florida)
Posts: 4
Posted:
I forgot to answer your last question:

The complaints have come from employees about owners, owners about other owners, the security department about violations of speeding and deportment, and for violations of the established rules and regulations of the association, i.e. illegal antennas, illegal parking in fire zones or other no parking areas.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Harvey - These sound like internal "kerduffles" and you won't find an answer at the state level about this.

Your board should have policies and procedures for conflict resolution, complaints, etc. involving resident/resident, contractor/resident, etc. Go to the next board meeting and ask. If necessary, an ad hoc committee could be set up to work on resolutions.

HarveyR (Florida)
Posts: 4
Posted:
Susan and others,

Iā€™m in charge of a committee tasked with doing just that: establishing procedures on how conflicts and violation of rules are brought to the Hearing Committee. At the moment we have no procedures. Hypothetical examples:

Someone violated a rule and a complaint was made to the general manager. The accused was someone the manager refused to refer to the Hearing Committee, so nothing was done.

An owner who was caught by Security speeding was a friend of a Board member. Nothing was referred to the Hearing Committee.

Has anyone any rules governing the process that would preclude such vetos/blocking? If so, Iā€™d appreciate hearing about them. Thank you all again.

Harvey

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