PURPOSE:  The purpose of the Hearing Committee (HC) is to provide any alleged violator an opportunity to be heard by an independent group of community peers to offer an independent review of any fines or restrictions placed on a homeowner (such as loss of amenity access due to unpaid assessments or violation of rules).

• MEMBERSHIP:
  • The committee shall consist of at least (3) three members, who shall be lot owners other than members of the Board or persons related to Board members. (All three members must be present at hearings.)  
  • The volunteer members of the committee shall select a Chairperson and a Secretary from within its membership.
• STEPS:
  1. Violation Notice. The homeowner must be given a reasonable amount of time to correct the violation.
  2. Opportunity to Cure or Fix. If not fixed in 30 days, a Second Notice to fix the violation is sent to the homeowner.
  3. If the homeowner doesn’t correct the violation by the date of the Second Notice, the HOA can then issue a “Notice of Intent to Fine.” 
  4. The board has to approve the levy of the fine and send the homeowner a written notice of the hearing.
  5. If the violation is fixed before the hearing, it will be closed with no fine.
  6. Fining Committee Hearing.  The homeowner has the right to attend this hearing and present their case. They can explain why they believe they didn’t violate the rules or present evidence of extenuating circumstances.
  7. Committee Decision. The committee must decide whether to confirm or reject the fine. The decision must be based on the evidence presented and the HOA’s governing documents. A decision is made and notice is sent to the homeowner.
  8. Notice of Fine to the homeowner. This notice should include the amount of the fine and the date by which it must be paid. 

• • Fines of $1,000 or more may become a lien on the property if not paid.
• If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full.
•  Committee RESPONSIBILITIES:
  • The committee shall conduct hearings following the process and rules set forth in our CC&Rs, in addition to such other procedures as may be established by the Committee, to hear any charges and defenses.
  • The committee will be presented with the proposed fine or other restriction approved by the Board of Directors, and will offer the alleged violator an opportunity to appear and voice why they disagree.
  • Afterwards, the committee will deliberate and vote to either approve the Board’s recommendation or deny it, which would mean no fine or restriction is placed, as outlined in our violations process in our governing documents.
• MEETINGS:
  • Meetings will be scheduled for 14+ days after the HOA Board directs the fine amount to the homeowner
  • Use the Fine Process as the guideline for meeting protocols
  • The Chairperson shall preside at all committee meetings, and the Secretary will be responsible for taking minutes at all meetings. 

• REPORTS: An annual report should be submitted to the board on the number of violations, category of violations, and total cost of violations.
• BUDGET: The committee shall adhere to a budget, as approved by the Board of Directors. Prepare an annual budget request when requested by the Treasurer