Q: Was I denied my procedural due process and am I being blackmailed by my HOA?
I showed up for Hearing as demanded by my HOA to give my defense and review the evidence against me for 4 alleged violations. The HOA rep. that came out to help me said I wasn’t on the schedule and she couldn’t find any records for the violations except for one and asked if I took care of it. I told her yes and she said that was it and I could go. I never spoke to any member of the Board and left. Apparently, the Board then held the Hearing without me present, found me in violation of the remaining three issues, and imposed fines on me that have grown to $18,000. Was I denied procedural due process in violation of CA Civil Code §5855 and are the results of the hearing and any resulting fines invalid? Is the HOAs refusal to present this to the Board for dismal of the fines until I first provide them photo evidence I’m not in violation despite my contention that they have no evidence of one violation and the demanded photo is an invasion of my privacy considered extortion or blackmail?
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- California
- (916) 704-3009
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- Answered
A:
Based on what you've described, it appears your due process rights under California Civil Code §5855 were indeed violated when the HOA conducted the hearing without your presence, especially after their representative told you that you could leave.
The HOA's actions raise serious concerns, as they are required to provide proper notice, allow you to defend yourself, and present evidence of violations before imposing fines. Their conduct in holding the hearing without you and then demanding photos as a condition for reviewing the fines could potentially be considered coercive behavior.
You should consider sending the HOA board a formal written complaint citing CA Civil Code §5855, documenting how the hearing process violated your rights, and demanding that the fines be dismissed. You may want to consult with a real estate attorney who handles HOA disputes, as they can help you understand your specific legal options and potentially challenge these actions through mediation or legal proceedings - especially given the significant amount of money involved.
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