Volatile Enforcement Hearings

The purpose of an enforcement hearing is to provide an owner with due process with regard to their violation of the governing documents, giving them a chance to explain their situation prior to the imposition of an enforcement assessment.

The Board should take all necessary efforts to provide a friendly atmosphere for what is likely to be a tense situation. Owners can be easily intimidated when attending these hearings. The owner is entitled to have his/her side of the story heard and considered prior to a decision. It is important to not merely view these enforcement hearings as “formalities” but as an opportunity to better understand the situation and perhaps the reasons behind the complaint or violation.

These hearings should be conducted in closed session to protect privacy rights of your owners. The Board should then reconvene in open session to vote on the record (without rehashing in detail the content of the closed session). The owner must also be informed of the decision in writing.

It is important for the Board to be respectful and to strive to remain impartial when voting. Letting emotion and personalities dictate the decision to assess a unit owner may cause further discord and problems.

Where there is evidence of a violation, it is important for the Board to maintain consistency and be firm (where needed) to set good precedent for the Association.

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