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.