Date
Owner's name
address
Re:
Notice of Hearing for Reimbursement Assessment
Dear <owner>:
As you know the
Association's common areas suffered damage from water that appears to
have originated from your unit. Repairs are in progress and the Board
would like to hold a hearing to determine the source of the damage,
liability for the loss, and to levy a reimbursement special assessment
against the appropriate parties as provided for in Article ___, Section
___ and _______of the CC&Rs as well as Section 1367.1(d) of the Civil
Code. Because a special assessment could be levied against you, you will
be given an opportunity to appear before the Board to oppose the
assessment. If you have not already done so, you should notify your
insurance carrier of a potential claim for which you may be found
liable.
In the event the Board determines that you are liable for the damage, you will
be given an opportunity to contest the amount of the assessment. Enclosed for
your review is a copy of invoices for clean-up and repairs thus far. Should it
be discovered that further repairs are needed or that there are repairs that
have been made but the Association hasn't been billed yet, those invoices will
be forwarded to you as well.
At the hearing you may submit evidence and witness on your behalf. If you are
unable to attend the hearing, you may send a letter presenting your
position. The hearing will be held on Wednesday, __________, 2005 at 6:00 p.m.
in the social room located ____________. Upon
timely written request and for worthy cause, you may request a continuance to a
new hearing date.
The Board always regrets taking such
measures to enforce the governing documents. However, the restrictions are
intended to
protect homeowners' rights, enjoyment, and safety and to maintain property
values.
Sincerely,
Board of Directors
<or Managing Agent>
XYZ Association