When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery per Section 4040, at least 10 days prior to the meeting. (Civ. Code § 5855.)
NOTE: Boards should check their governing documents to see if a longer notice period is required. If so, the longer period should be followed until such time as the documents are amended to comply with the 10-day standard. The notification shall contain, at a minimum, the following:
- The date, time, and place of the meeting,
- The nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and
- A statement that the member has a right to attend and may address the board at the meeting.
Sample Hearing Notice. Following is a sample hearing notice:
Re: Notice of Hearing
As you know, members of the association are subject to restrictions found in the governing documents. The documents also describe the board's responsibilities. One such responsibility is the enforcement of the governing documents. Sometimes this requires the imposition of fines and penalties against those who violate the association's restrictions. The board always regrets taking such measures and would prefer to minimize them whenever possible.
In this case, you are alleged to have violated: <list violations>. Accordingly, a hearing has been set so that you may have an opportunity to appear before the board to discuss the matter and/or contest the evidence. You may appear in person or submit a written response. If the board determines that a violation occurred, it may impose a fine (or daily fines for continuing violations) and/or suspend privileges for up to 30 days.
The hearing will be held as indicated below:
Upon timely written request and for worthy cause, you may be granted a short continuance to a new hearing date.
Board of Directors <or Managing Agent>
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