Q: What regulates or requires due process wrt HOA disciplinary hearings?
In California, HOA's operate under CC 1363 or its new number. Do any other sections of State law, or case law, require normal due process be applied with respect to disciplinary hearings? E.G., if an association notifies an owner of a unit that his renter parked a car in the wrong place in a parking lot, must the association provide the owner with pertinent details such as when, where and which car? Or, if they claim an owner's cat was seen in the 'common area' and have a grainy picture of a nondescript cat walking across grass, does the association have any responsibility to give specifics of where and when, and to provide proof beyond the picture, that the cat 'shown' by the picture belonged to the cited unit?
Lastly, if the cited person can't attend the hearing because of medical reasons (or perhaps is out of town on business), does he have any right to request and have the hearing postponed for a reasonable time?
A: The CC&Rs and HOA rules will provide the process of enforcement and any disciplinary actions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
