Tip: when an owner of record cannot resolve a property review issue, an architectural application, installation or update, or one or more covenant violations, the Executive Board must provide an opportunity for any owner of record to speak up for themselves.
A surface mailed notice for the owner’s and/or their representative’s attendance to a confidential hearing includes the location, date, and the time to discuss the outlined issue. The primary goal is for all parties to come to a reasonable solution to remedy the issue.
Attendance of the owner and/or representative at their scheduled hearing demonstrates due care and consideration.
Absence of the owner and/or representative at their scheduled hearing leaves the Board of Directors an option of placing a lien on the owner’s property.
Declaration of Covenants, Conditions and Restrictions
Rights to Notice and Comment – Notice And Hearing – Appeals
There are three types of hearings:
Section 22.1 – Right to Notice and Comment.
Before the Executive Board amends the Bylaws or the Rules, whenever the Documents require that an action be taken after “Notice and Comment”, and at any other time the Executive Board determines, the Unit Owners have the right to receive notice of the proposed action and the right to comment orally or in writing. Notice of the proposed action shall be given to each Unit Owner in writing and shall be delivered personally or by mail to all Unit Owners at such address as appears, in the records of the Association, or published in a newsletter or similar publication which is routinely circulated to all Unit Owners. The notice shall be given not less than five (5) days before the proposed action is to be taken. It shall invite comment to the Executive Board orally or in writing before the scheduled time of the meeting. The right to Notice and Comment does not entitle a Unit Owner to be heard at a formally constituted meeting.
Section 22.2 – Right to Notice and Hearing.
Whenever the Documents require that an action be taken after “Notice and Hearing”, the following procedure shall be observed: The party proposing to take the action (e.g., the Executive Board, a committee, an officer, the Manager, etc.) shall give written notice of the proposed action to all unit Owners or occupants of Units whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given.
Section 22.3 – Appeals.
Any Person having a right to Notice and Hearing shall have the right to appeal to the Executive Board from a decision of persons other than the Executive Board by filing a written notice of appeal with the Executive Board within ten (10) days after being notified of the decision. The Executive Board shall conduct a hearing within thirty (30) days, giving the same notice and observing the same procedures as were required for the original meeting.