USE RESTRICTIONS AND ENFORCEMENT

HEARING
“Does an owner called to a hearing have the right to question the parties complaining?”

Probably not. The real issue is whether the board is in possession of facts that warrant the imposition of discipline. Anonymous complaints, unsupported by other evidence, should rarely be adequate to support the finding that an owner has violated the governing documents. In cases involving credibility the statements of witnesses is essential; in cases involving objective violations (such as the unauthorized construction of a deck) a finding can probably be made without witness input.

“Can the board fine and/or suspend the rights of a member THEN make that member ask for a hearing?”

No. This used to be a common practice - to advise the member that they have been fined and offer them the right to a hearing after the fact. However, with the enactment of Civil Code §1363(h), the right to a hearing must now be provided before discipline is imposed.