: When holding a disciplinary hearing regarding tenants,
one of our members has a "manager" who has a record of flouting HOA rules, disrupting
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?
is no law requiring you to allow the "manager" to appear on behalf of
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
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
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter