Appeal Process – Time Schedule
Hello-So, I was given a VIOLATION notice from a board member for “harassment” as a Code of Conduct issue on April 27. It is a false effort to stop me in asking questions and I filed an appeal on the 29th (our rules say I have 10-days and did it in 2). I have not heard anything back from the board to resolve this issue and it has been nearly 3-weeks. I cannot apply for positions within the community (I believe this is the reason it was filed) and decisions are being made to fill various Committee spots. Is there a timetable that they need to hold a meeting to allow me to be heard? I have asked for a status and the board and management company have gone silent. I have seen the President of the board in my walks and asked, he stated they will get back to me. What can I do? I do not see any timetable in our rules when they have to conduct the meeting. Thanks!
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I have had similar issues with my association. I was sending email and never received a response. I decided to send a certified letter to the manager requesting an acknowledgment of receipt of the letter, along with requesting a hearing disputing the violation asap. This may be in your CC&R’s, either way, you may get a response.
My complaint is regarding the HOA not maintaining the perimeter walls in the common areas. I have requested a hearing thru the Dept Of Real Estate/Administrative Law Judge. No attorney needed.
Good luck!
Steve,
The association cannot enforce the violation notice until they provide you the opportunity to be heard. You need to insist that that opportunity be in an open meeting and not a closed meeting, You need to also see what if anything your governing documents say about what they are citing you for. If they believe that you are harassing them then they have a right to seek an injunction against harassment in court, they have no right to cite a violation if no rule or restriction exist in your governing documents. If they do not respond then file a petition with ADRE of their violation of state law and your governing documents. Don’t mess with them any more they are simply stalling, filing a petition will force their hand and cost them money to pay for their abuse.
Dennis
Dennis,
This is an interesting statement “The association cannot enforce the violation notice until they provide you the opportunity to be heard. ”
In my Association (Tonto Forest Estates), I provided a biography of my performance record vs that of other members on the Board. Nothing was inaccurate and i had proof of every statement, but they did not like me making accurate statements about what the Board had done (some of which was quite inappropriate). So they had their atty (Dan Francom of GHS) send me a “Cease & Desist” letter, which requires me to only communicate with the Board or the Community Manager by sending things in via US Mail to him.
This is their effort to silence me.
Is such a thing valid?… without my “opportunity to be heard?” And, if so, what is the ARS I can cite to get “heard”?
Thanks
Fish7,
The statute in question for a planned community is ARS 33-1803. Cease and desist letters from attorneys are nothing but billable hours. You have a right to communicate with your board as they represent you and cannot be denied that right by intermediate action thru an attorney. If they want to challenge that right they can do so thru a court and get a judge to issue an injunction against you contacting the board. They have little cause to be granted that injunction so the cease and desist is nothing but an intimidation attempt without any legitimacy until ordered by a judge.
The association has absolutely no authority to create law and are limited to enforcing the stated restrictions of the governing documents particularly the CC&R’s. Unless the CC&R’s specifically state that any communications to the board must go through the associations attorney they have no authority to implement any such rule unless they apply that standard to all community members. The association has a duty to treat all homeowners fairly Tierra Rancho v. Kirchukov and the Restatement of law section 6.13. Applying this restriction does not treat you fairly.
Dennis
Note: The biography was provided because the Board was populating a committee (the Architectural Review Committee) and they had requested interested parties to submit a brief bio.