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Propty
Compliance

Hearing

A formal proceeding where a homeowner accused of a violation has the opportunity to present their side of the story before the board or a designated committee. Hearings are a key component of due process and must be conducted fairly and impartially. The homeowner should receive advance notice of the hearing date, time, and the specific allegations. Board members with conflicts of interest should recuse themselves.

State-Specific Notes

California: Civil Code Section 5855 requires that the board notify the member at least 10 days before a hearing and provide a written explanation of the decision within 15 days after the hearing.

Frequently Asked Questions

Can a homeowner bring a lawyer to an HOA hearing?

Most governing documents do not prohibit homeowners from having legal representation at a hearing, though some associations limit hearings to informal proceedings. Check your governing documents and state law. Even if attorneys are not explicitly allowed, homeowners generally have the right to submit written statements, present evidence, and bring witnesses.

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