BOARD HEARING, P.2

If the owner simply requests more time to fix the violation, the board should verify that the homeowner agrees there is a violation.  It should then discuss the specifics of the request.

Once all the information has been presented, the board will discuss the issues and make a decision. The decision need not be made right at the hearing, but the governing documents may require a decision be made within a particular time frame afterward.
Can a shareholder or unit-owner appeal? Only if the governing documents allow for this. Many governing documents do not set forth any right of appeal, so don't assume such right exists.

Finally, a board should be willing to get creative so long as the end result is in the best interest of the community, the owner and the complaining party.  If a owner is not in violation of the covenants but there are clearly issues between the complaining party and the owner, offer mediation to resolve the issues.  If a homeowner is in violation, impose the fine (making sure that the fine amount is in compliance with the governing documents) but be willing to consider a waiver of the fine if the violation is later corrected.

Debra J. Oppenheimer, a partner at Hindman Sanchez, has specialized in homeowner-association covenant and rule enforcement for seven years, after spending a decade as a Colorado Deputy District Attorney. A member of the Community Associations Institute since 2004, she taught "The Art of Persuasion" as an adjunct professor at Regis University. This is adapted from her article at the community-association law newsletter E-ssentials.

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