Homeowner Hearing Procedure and Due Process Rights.
Prior to the imposition of any fine, special assessment, or suspension of rights or privileges, a hearing will be held before the Board of Directors pursuant to the following Homeowner Hearing Procedures and Remedies: 1. Homeowner Hearing Notice Homeowner will be provided a written notice by certified mail at least ten days prior to the meeting at which disciplinary action may be considered or proposed. The Notice will contain the following: a) The date, time, and place of the hearing. b) A statement that the member has the right to attend the hearing either in person or by teleconference and present evidence in his/her defense. The owner may submit his/her defense in writing, rather than make an appearance at the hearing. 2. Homeowner Hearing Procedures Homeowner hearings will be held in accordance with the following procedure: a. Review of all documentation submitted by the Association staff. b. Statement of Violation by acting chairperson c. Review requirements of Association’s Governing Documents d. Statement by Homeowner e. Statement by any third-party witnesses. f. Discussion and questioning of the Homeowner by the Association g. Questions (if any) and final statement by the Homeowner. h. Hearing ends. Homeowner is excused i. Board deliberates. 3. Penalties If it is determined a violation has taken place, the Board of Directors may take any or all the following actions: a. Imposition of Fines/Monetary Penalties. b. Imposition of Reimbursement Assessments for damage to the Common Area or to reimburse the Association for costs incurred to bring an Owner or his or her family members, guests, tenants, invitees and occupants into compliance with the Governing Documents. The nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed; and
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