Appealing the Decision
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APPEALING A VIOLATION DECISION

Committee Hearings. If the original hearing for a rules violation was before a rules committee (as often occurs in large associations), the committee's decision may be appealed to the board of directors. The board should establish an appeals policy that limits the manner and time period in which an appeal may be made, i.e., in writing within 15 days of the notice of the committee's decision. The member's request for appeal should state why he/she believes the rules committee made a wrong decision. The committee can then submit a letter to the board responding to the owner's claims.

The board can either review the matter and make its decision on the disputed issue (similar to the Court of Appeal) or hear the matter de novo (the procedure followed by small claims appeals). If the board adopts the small claims model, the entire case is put on again before the board as if it were never heard by the rules committee.

Board Hearings. If the original hearing and decision was by the board instead of a rules committee, there is no appeal. However, the board should reconsider its decision if the member presents new or different facts not presented in the original hearing.

IDR Demand. If the owner makes a demand for IDR (Internal Dispute Resolution), the board must designate a director to meet with the member. At that meeting the parties explain their positions in an effort to resolve the dispute. Any resolution must be in writing and signed by the parties. (See Internal Dispute Resolution.)

Architectural Issues. If an owner submits architectural plans which are disapproved, associations are required to establish a mechanism for reconsideration.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC