The Essentials of Due Process

The Essentials of Due Process

Inevitably, from time to time, community rules are broken. When this happens, the association informs residents about the problem and follows what is known as due process procedure.

Simply stated, this means that the association should notify residents of alleged violations before taking any action. Written notices are sent describing the possible rule violation and residents are asked to correct the problem voluntarily by a specific date. These notices also explain any action the association may take if the violation isn’t corrected.

The association should understand that things aren’t always as they seem. So, any time a notice is sent to a resident, the board should invite the resident to hear their point of view. While it varies with the association, residents should be invited to meet with the board of directors either before or after the board imposes any type of penalty, which is not the goal at all. This is an opportunity for a resident to present information, photos, and other testimony to support their side of the story.

It’s more important that residents comply with the association rules for the good of everyone in the community. These meetings give residents and the board an opportunity to discuss rule violations informally and arrive at a solution.

After they’ve had a chance to talk to a resident about a rule violation, board members will discuss the situation among themselves and make a decision. Residents generally receive the board’s decision in writing in about 10 business days, or as noted by the association’s governing documents. For those who may disagree with the decision, the association should have an appeal process.

Each community will vary with regards to how they handle violations. So, check with your community's bylaws, house rules and/or board of directors on how to handle yours. And exercise your right to be heard.