Hoa Violation hearing

[tickkeddisabled]

Jurisdiction

California

The Violation hearing was for a dog nuisance. I requested evidence prior to the hearing violation meeting.
Nothing has provided (no dates, times, was it reported my email or a phone call. During the hearing I was advised
I cannot ask any questions and that the board was not offering any proof of allegations.
Doesn't the Hoa have the burden of proof?? From what I gathered from the letter the violation was only having 1 dog.
There is only one dog that lives at the condo but a 2nd dog comes to visit for 1 hour then goes home.

1. There is only one dog living in the condo
2. Doesn't the hoa need to provide proof

They sent me the results of the hearing stating that the 2nd dog cannot be on the property.
I got the letter on July 1st.
1. Don't I get time to comply (it's a tenant)
2. I just got another hearing for the same violation.
3. Don't I get two weeks or 10 days to comply before I get another violation?
4. Can I appeal?

 

[Zigner]

Read your HOA bylaws.

 

[tickkeddisabled]

I just received another notification that I am in violation again with the 2nd dog.
My tenant has advised me that she hasn't had the 2nd dog at the condo since
July 2nd. How do I prove that the 2nd dog isn't on the premises?

 

[army judge]

July 2nd. How do I prove that the 2nd dog isn't on the premises?

Asking in the know personnel if they visited the unit and didn't observe any canines in or about the unit.
Pictures and/or videos might also be useful/helpful.

Human eye witnesses/visitors to the unit might be able to testify to the non-existence of canines on the premises.

That could potentially include service and/or employees in the leasing office or maintenance staff, assuming eyewitness accounts are forthcoming.

 

[adjusterjack]

I just received another notification that I am in violation again with the 2nd dog.
My tenant has advised me that she hasn't had the 2nd dog at the condo since
July 2nd. How do I prove that the 2nd dog isn't on the premises?

You own a home in an HOA and you rented it out to a tenant. You and your tenant are already pariahs in the community.

When you purchased the condo you accepted (by contract) the dominion of the HOA. HOAs are not democracies. You gave up many of your rights, including the right to due process.

When the HOA accuses you of something the burden of proving otherwise is on you.

Welcome to HOA living. You asked for it.

 

[zddoodah]

Doesn't the Hoa have the burden of proof?

What do the HOA's by-laws say on this issue?

From what I gathered from the letter the violation was only having 1 dog.

Huh? Are you saying your HOA requires that you have multiple dogs?

There is only one dog that lives at the condo but a 2nd dog comes to visit for 1 hour then goes home.

What do your by-laws say about your guests bringing dogs when they visit?

They sent me the results of the hearing stating that the 2nd dog cannot be on the property.

OK...so tell your guest not to bring his/her dog when he/she comes to visit you.

Don't I get time to comply

What do your by-laws say about this?

(it's a tenant)

Sigh...so I get almost to the end and find out that this is a tenant of yours?

I just got another hearing for the same violation.
3. Don't I get two weeks or 10 days to comply before I get another violation?
4. Can I appeal?

Again...what do your by-laws say about these things.

How do I prove that the 2nd dog isn't on the premises?

You bring your tenant to the hearing.

Welcome to HOA living. You asked for it.

Pretty much.

 

[tickkeddisabled]

How do I prove that the 2nd dog isn't on the premises?

You bring your tenant to the hearing.

The tenant my witness isn't allowed to attend the hearing (bylaws show otherwise)

The bylaws state that I will be given full opportunity to
cross examine all witnesses testifying against you. you are entitled to request the attendance of witnesses and the production of books, documents or other items by applying to the board of directors.

I asked for the information as to the dates and times the dog was an issue. It was not provided.

During the hearing I was told I could not ask any questions. Based on the Adams Sterling guidelines. I could only provide my side. The Adams Sterling Guidelines (2) providing a reasonable opportunity for them to defend themselves, and (3) allowing the accused to examine the evidence. (Civ. Code § 5855; Civ. Code § 4935(b))

The decision of the hearing was mailed to me and received July 1st. The dog was no longer there by July 10. The 2nd violation hearing was emailed on the 10th

Per the Adams Sterling guidelines: Which the Association is saying they are Governing by Opportunity to Cure and Financial Commitment to Cure Violation. Members must be allowed to cure the violation before the meeting. Boards may not impose discipline if (i) the person cures the violation before the meeting, or (ii) if curing the violation would take longer than the time between the notice and the hearing, the member provides a financial commitment to cure the violation. (Civ. Code § 5855(c))

I have cured the violation (they should drop the 2nd hearing)

I wish I would have known before about the pitfalls of HOA's

 

[army judge]

I have cured the violation (they should drop the 2nd hearing)

Ms. BIG STUFF or Mr. BIG STUFF love to flex their massive, muscular and monetary power.

Mr. Teeny Little or Ms. Microscopic should surrender, unless they're prepared for some powerful, death blows!

Good luck, mate!

 

[adjusterjack]

I have cured the violation (they should drop the 2nd hearing)

They're not going to. You're a target. They aren't going to obey the rules. It's a kangaroo court.

You are Josef K.


(5 points to anybody who gets that reference. No googling. LOL)

 

[Paddywakk]

Your tenant says there is no second dog, but have you made a surprise visit to the property to see if that's true?