One of the many important functions a board of directors has is to enforce its association’s governing documents.  While there are several means to enforce governing documents, one of the most common methods is holding noticed hearings to consider whether to impose discipline on an owner for alleged violations.  The properly noticed hearing can be a simple, cost-efficient and quick remedy to enforce an association’s governing documents.

Pursuant to Civil Code section 5855, a notice of hearing must, at a minimum, include the following items:

• The date, time and location of the hearing;
  • For the date, specify a date at least 10 days after the date of mailing, or any longer period that may be required in the governing documents;
• A statement the owner has a right to attend the hearing and may address the board at the hearing; and
• A statement as to 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”;
  • We suggest also including the name of the document (e.g., Declaration, Rules,), the section(s) violated and the facts alleged about the violation (dates, details, etc.).

The notice of hearing should also include:

• Date of the letter (which date should be the same as the date of mailing);
• Record title owner’s correct name and mailing address;
  • We suggest pulling the deed for the property to confirm title;
• Property address within the association;
• A statement that, at the hearing, the board will consider whether to impose discipline against the owner for the alleged violations of the association’s governing documents;
• The specific disciplinary action(s) that may be imposed if the board determines any violation(s) occurred (e.g., suspension of common area use privileges), a fine not to exceed x dollars, possible daily fines as applicable, and/or any other potential disciplinary action authorized by the governing documents);
  • Before including the possible disciplinary actions, first review the governing documents to determine what form(s) of discipline the documents permit. Do not include any form of discipline not permitted by the governing documents;
• A statement that if the owner fails to attend the hearing, the board may still proceed with the hearing and assess discipline against the owner;
• A statement the owner may deliver a written explanation to the board at least x hours in advance of the hearing setting out a response to the allegations in the notice of hearing; and
• The procedures for requesting a written change of hearing date and a statement that if that if the board does not grant the written request, it may proceed with the hearing on the date originally noticed.

The notice of hearing must be delivered to the owner by either personal delivery or individual delivery pursuant to Civil Code section 4040. We suggest sending the notice of hearing by both first-class mail, postage prepaid and certified mail, return receipt requested.  If the owner has requested the association send his or her notices to a secondary address, then the association must send the notice by personal delivery or individual delivery to both addresses (Civil Code sections 4040 and 5260).

The letter may also include a proof of service. While proof of service is not required to enforce disciplinary measures, a sworn statement on mailing is evidence the notice was, in fact, sent.  Any proof of service should be kept with the association’s copy of the letter and not sent to the owner.

Following the above procedures will not only help the association enforce any levied disciplinary measures, but it will also help to ensure both parties are prepared for the hearing.