Judiciary committee dutiesroles

Started by GaryC3 • 5 replies • 1295 views

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GaryC3 (New Jersey)
Posts: 2

Posted:

I live in a NEW (over 55) community. I was appointed to the "Judiciary Committee".

We are trying to set up "Duties of the Judicial Committee". Can anyone please me a copy from your community.

Send an attachment to:

Thanks,
Gary Case

SusanW1 (Michigan)
Posts: 5,202

Posted:

How can your Board appoint a committee without "charging" it with a duty?

I, myself, have never heard of a "Judiciary Committee" - does it go by another name or function?

DonnaS (Tennessee)
Posts: 5,671

Posted:

I have also heard them called Fining Committee, Enforcement committee, Covenants Committee so basically, they are the committees that mmembers must go before in the process of the Association being able to take the next step in dealing with non compliance owners.
First a letter is sent with the violation and appropriate time for correction of the infraction, then a registered letter is sent with the same information, then a date is set to appear before the committee. This committee tries to reason and if appropriate, will allow a specific time for correction. If that doesn't work, then fining, according to documents and State guidelines begins. If that doesn't work then the attorney takes over. In Florida, because of the courts being so oveloaded, mediation and arbritation is manditory with a State Omsbudsman.

SusanW1 (Michigan)
Posts: 5,202

Posted:

If this is a committee that would handle removal of Board members or revoking membership, Roberts Rules of Order - 10th edition - has suggestions for conduting hearings and ensuring the rights of all those involved.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GaryC3: If the Judicial Committee is to review cases prior to having to go to court over architectural violations, then would you also be working with an Architectural Control Committee? Or are you to review only unpaid assessment cases prior to lien or foreclosure?

GloriaM (North Carolina)
Posts: 829

Posted:

Gary:

Its been 7 years since I have owned and operated my business in the lovely garden state. Nonetheless, I know NJ has many laws that govern the HOA. I say that to say if NJ has an updated law like NC, we have actually stopped using a Covenants Committee because of the amended NCPCA in 1/1/06.

It was amended to state that if a HO sits before the covenants committee and is heard by them, the Owner can actually request an appeal. However, if the Executive Board sits on the hearing, the boards decision is final. The HO cannot request an appeal.

Please be sure to check with NJ state laws that govern HOA's.

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