It’s not uncommon to receive a disciplinary hearing notice from your homeowner’s association. According to San Diego Union-Tribune, these notices are often the association’s way of ensuring that homeowners are good neighbors. How you respond to this notice can have a big impact on the outcome. Here are some tips from local Realtor Robert Wallace on how to prepare for a successful hearing:
* **Read the Governing Documents:** The hearing notice will specify the governing document provision that was violated. Make sure you understand the rule in question and if you have actually violated it. Many times, homeowners don’t read their HOA documents until there is a problem.
* **Don’t Make It Personal:** Don’t assume the board is out to get you. Stay calm and respectful, and avoid taking things personally.
* **Don’t Assume You’re Alone:** HOA boards often keep their enforcement actions quiet. It is unlikely that you are the only homeowner who has been called for a hearing.
* **Don’t Bring an Attorney:** The association’s attorney will usually not be present at the hearing, and the association can bar your attorney from attending.
* **Address Tenant Violations:** If the violation was committed by your tenant, make sure they are aware of the issue and will not repeat it. The HOA will be holding you, the homeowner, responsible for your tenant’s actions.
* **Prepare, Prepare, Prepare:** Notify the association manager that you will attend the hearing and speak to the board. Develop a presentation outlining your arguments and documentation. Bring enough copies for the board members and the manager.
* **Plan for a Postponement:** If you are unable to attend the hearing due to travel, illness, or other conflict, let the board know as soon as possible. They are not obligated to postpone the hearing, but it’s worth asking.
* **Address the Violation, Not the Rule:** Don’t argue the rule or criticize the HOA’s enforcement methods. Focus on addressing the violation itself.
* **Show Proof of Correction:** If this is a first-time violation, show the board that you have corrected the issue and request a waiver of the fine.
* **Remember Neighborliness:** HOA disciplinary hearings are meetings between neighbors, not court proceedings. Keep in mind that both the board and the homeowner are trying to maintain a good community.
I hope these tips help you navigate your HOA disciplinary hearing with confidence. If you are looking for additional resources or guidance, be sure to check out the services offered on my website at https://robertluiswallace.com/services/. I’m here to help you achieve your real estate goals.
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