Open Violation Appeal Hearing
Well it’s been a while. The corrupt Board and Management did put a False Violation on us to attempt to keep my husband from running for the Board because he has been exposing all their illegal actions.
We requested an Open Hearing. They did not present any evidence in the violation letter or at the Hearing. They did not deliberate at the Open Hearing but went into Executive Session to discuss and make a decision.
They of course Denied the Appeal even with no evidence. They gave us 30 days to fix the issue.
The Law in ARS 33-1804 does not specifically state the the decision must be made in the Open Meeting. How do we get specific statement on this that will force them to deal with what they have done?
We do appreciate you and thank you very much in advance.
Cindy
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Cindy,
Current law allows the board to consider a contested violation in executive session unless the homeowner specifically requests an open-session hearing. The problem is, as usual, the board will never tell you that you have that choice. That is why I always tell any homeowner to request their appeal to be heard in open session. If the hearing is requested for open session, the association must also make its decision in open session, because the law does not allow any vote or decision on a violation appeal, or any deliberation of a violation appeal, to be conducted in closed session. My bill, SB-1151, addresses and clarifies all of this.
Dennis