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.).

Continue reading for additional Notice of hearing tips and inclusions.

• Right to Specified Documents
• Right to Inspect Documents and Membership List
• Right to Opt Out of Sharing Member's Name, Address, etc., with Other Members
• Right to Disciplinary Hearing
• Right to Notice before and after Disciplinary Hearing
• and the list continues...