Citing Violations without following Due Process
This one is simple to explain. Our Governing Documents specify a protocol for determining violations. It is clearly defined in our Bylaws under Due Process!
Not that difficult to understand. For convenience,the crux of the Board's responsibilities are repeated here from the Bylaws:
ARTICLE XXIV DUE PROCESS PROCEDURES - Section 6 Board Review
The Board must review all written, signed complaints submitted at the next meeting of the Board, except that in the event of a complaint with respect to any violation which represents an immediate threat to the health, safety, welfare or security of the Owners, or to the appearance, function or value of the Property, the Board may meet to review the Complaint at the Board's earliest convenience
- a. The Board may not take action to determine the existence of any violation, or impose any fine or sanction, except upon the receipt of a signed, written complaint
- b. The Board may request that the Complaint be reviewed by legal counsel, but the Board must make the final determination as to whether the acts complained of represent a violation of the Governing Documents
- c. Incident to making such a determination, the Board may contact the Owner directly and secure information or a preliminary response from the Owner to the Complaint
- d. The Board may also attempt to resolve the matter informally as between the complainant and the Owner who has allegedly committed the violation
- e. Any final, formal determination that a violation has been committed must be made by a majority vote of the Board, otherwise the Complaint must be dismissed
Shouldn't be that hard to follow but examine all of the Board minutes for the last two years. Can any votes of the Board be found for violations? Then how does one explain all those violation letters sent out by Associa Mid-Atlantic Management?