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Subject: Due Process Board
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Author Messages
JosephS26
(Virginia)

Posts:1


07/22/2018 3:14 PM  
As a new member to the Covenants Committee what are my duties on the Due Process Board? How are fines determined if not in the HOA laws? Etc.
KerryL1
(California)

Posts:6350


07/22/2018 3:18 PM  
New words to me. What is a "Covenants Committee? Does this "Due Process Board" supervise it? Do either of these have a charter that explains what's expected/required of them? Luckily Tim of VA is back and maybe he know about these entities.
GeorgeS21
(Florida)

Posts:1208


07/22/2018 5:23 PM  
Joseph,

Are these terms and processes Virginia uses?

If not, are they allowed by Virginia statue?

Are they of long standing in your community - and, are they called out specifically in your Articles and/or CCRs and/or By-laws?

Virginia counties, especially places like Fairfax have staff to assist in answering these sorts of questions.
TimB4
(Virginia)

Posts:16291


07/22/2018 5:46 PM  
Joseph,

I expect that you mean your committee is responsible for enforcement.

Your Association should have a written police on how enforcement is to happen.
Ours is simple:

Informal warning
Formal warning
Notice of Hearing
Results of hearing


Keep in mind that within Virginia, per VA § 55-509.3 (applicable if you are an HOA vs. COA), you may not fine unless the covenants allow you to impose monetary penalties for enforcement. This came about due to court cases.


Contact me and I'll share that info (my report to our board along with the rulings of court cases) with you: [email protected]

Here's an article on the topic from the Washington Post: Virginia homeowners’ association bill stripped of fine powers

Here is an article from a law firm: Virginia Supreme Court focuses on authority of Association Board to impose charges or suspensions

Hope this helps,

Tim
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