On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
Tag Archive: due process
Notice & Opportunity to be Heard
Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or understand is the obligation to give owners notice and an opportunity to be heard before…
Tag Archive: due process
Enforcing Your Governing Documents
On occasion we are in court trying to defend the actions taken by a board of directors to enforce the provisions of their governing documents. The biggest frustration we have, and which can lead to losing in court, is the lack of documentation supporting the decision making process of the board. And when unit owners don’t…
Notice & Opportunity to be Heard
Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or understand is the obligation to give owners notice and an opportunity to be heard before…