Violation Appeal
Do I have the right to file an appeal of violation after I send in a “written response” and they deny my answer?
Or must I demand a Board Meeting to Appeal the Violation Notice when I send in my Reply within the 21 days?
In 33-1804 A #5 says “Discussion of a members Appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.”
I cannot find any specific language regarding my right to file an “Appeal” or when and how to do it.
I am aware that in 33-1803 E, it says you have the right to “petition for an administrative hearing on the matter in the state real estate department” which I do not intend to do.
In addition: If they uphold the violation after my response, despite them being notified of “No Proof” submitted by them and my having provided evidence that the violation is false, do I have any other options other than the 33-1803 E or Suing them?
Thank you in advance,
Cindy
1 Response
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Cindy,
The association cannot apply any fine until they have provided you the opportunity to be heard. The association must identify on the notice of violation how to appeal. You should simply send the manager your request to appeal the violation in an open meeting of the board. And they must inform you when that opportunity to be heard will be. If they fail to comply with the law you can file a petition with ADRE.
Dennis