QUESTION: When holding a disciplinary hearing regarding tenants, one of our members has a "manager" who has a record of flouting HOA rules, disrupting board meetings, and bringing in problem tenants. The HOA member in question insists on this personal "manager" appearing at the hearing in her stead. Is the HOA required to grant this demand?
ANSWER: There is no law requiring you to allow the "manager" to appear on behalf of the owner. You could require the owner to make her own appearances. However, if you follow the small claims model for your hearings, the "manager" could present evidence as to why the owner should not be fined for the misbehavior of her tenants. Once the manager is done and has left the executive session hearing, the board can deliberate and make its decision.
The manager cannot disrupt the hearing or attack the board any more than he could disrupt proceedings or attack the judge in small claims court. If he does, you can end the hearing and dismiss him from the room. You can then make your decision based on the evidence presented and send the owner your decision. Make sure you meet all appropriate deadlines.
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