Notice of Decision
Adams Stirling PLC
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NOTICE OF DECISION

Deadline for Decision. If the board imposes discipline on a member (monetary penalty, daily fines or suspension of privileges), notice of the disciplinary action must be given by personal delivery or first-class mail within 15 days following the action (unless the governing documents require a shorter notice). (Civ. Code §5855(c).)

Contents of Decision.
"Notice of Decision" letters should be written so that a person unfamiliar with the situation, such as a judge, could determine from the letter itself why the hearing was held, who participated, what was decided and why. The letter should contain the following information:

  • the date of the hearing;

  • the specific provisions of the CC&Rs or Rules the owner violated;

  • whether or not the owner was present at the hearing (or sent a representative);

  • a summary of the events leading to the hearing;

  • the evidence that the owner was in violation and the evidence, if any, presented by the owner in defense;

  • the findings by the board (e.g., the owner's dog created a nuisance with it's incessant barking; the owner modified his/her unit without architectural approval; the owner's tenant was speeding on the association's private streets, etc.)

  • the discipline imposed by the board (a warning, a fine, suspension of privileges, etc.)

ASSISTANCE: Contact us about establishing a written enforcement procedure for your association with violation reports, form notices, hearing procedures, and updated fine schedules. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC