Posts tagged Due Process
How To Properly Handle HOA Violation Notices
How To Properly Handle HOA Violation Notices

One of the battles that homeowners living in an HOA community face is how to properly handle situations when the homeowner receives a notice of violation from the homeowners’ association.  Understanding what the association’s board must do to provide proper notice of a violation is key. In general, a concept of due process, meaning notice and an opportunity to be heard would apply to rules violation processes involving homeowner’s associations.  This article is designed to walk members of a homeowners’ association through the processes involved in rules violations. 

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EnforcementLynn M. Smith, Esq.HOA Violation letter, Violation Notice, Due Process, Duties of Directors
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?

The enforcement mechanisms of a homeowners’ association may seem a bit arcane and obtuse, but they are important to understanding if either you or a fellow member is accused by the board of violating the rules. There are very specific duties, obligations, and procedures that the board of directors must follow. We will provide the full explanation you need to understand how and why your board of directors is permitted to assess a fine by addressing why associations are granted the power to enforce Bylaws, the necessary procedure to assess a penalty to enforce the rules, and what is considered a “reasonable” fine under the law.

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EnforcementBrian K. Berman, Esq.Due Process, HOA Violation, HOA Fines
A Guide to Architectural Control in Homeowners’ Associations
A Guide to Architectural Control in Homeowners’ Associations

The ability of a homeowners’ association to regulate certain property details, impose obligations on members, and levy fines is governed by a combination of statutory and case law in the jurisdiction where the association is located and the community's governing documents—including articles of incorporation, bylaws, declarations (also known as CC&Rs—Covenants, Conditions, and Restrictions), and rules and regulations, which contractually bind the homeowner association and its members.

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Architectural ControlKailey I. Jacomet, Esq.Architectural Standards, Architectural Variances, Due Process, Fines & Appeal Process, Application & Approval Process
HOA Violations: The Homeowner's Right to a Fair Due Process
HOA Violations: The Homeowner's Right to a Fair Due Process

All condominium, cooperative, and homeowner associations ("Association") are subject to basic rules of due process under the law. Although the Association has a fiduciary duty to enact and enforce rules to promote health, happiness, and peace of mind of owners, the Association through its body of authority, must act in good faith and offer owners fair procedures... 

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EnforcementTammy Y. HayesDue Process, Notice & Hearing Requirements, Fines