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April 8, 2007
Compel an Owner to a Hearing - Can We?
Here is a question sent to me recently: "What can our Board do to compel an association member accused of nuisance to attend a disciplinary hearing?"
[Does this sound familiar to you? It is very common.]
"Our small association has experienced occasional problems with one owner over a decade. This owner periodically rents her unit to noisy guests. Our membership is perhaps more tolerant than others, but even we have our limits. One particularly bad recent incident roused our Board to initiate a discipline hearing via a special meeting. We have tried to set everything up to comply with California Civil Code. We are set to post notices, allow for member input of testimony, and then proceed into executive session with the "defendant" where we can discuss remedies and, if necessary, discipline. But we cannot get the owner to show up."
Here's a newsflash! The Board can hold the meeting to consider discipline whether the owner shows up or not. The key is to give the owner adequate written notice of the meeting/hearing and thereby, the "opportunity" to attend, and to provide the required written decision after the Board has made the decision on the proposed disciplinary action. And if you can, it is good to allow some leeway and perhaps one continuance or alternate date to accommodate, but it is not required by law.
So, move forward......
Posted by Beth Grimm at April 8, 2007 7:54 PM