DUE PROCESS

Penalties, such as fines and suspension of privileges, cannot be imposed against a member unless due process has been followed. "Due process" is procedural fairness in the board's decision-making process.

When a homeowners' association seeks to enforce the provisions of its CCRs to compel an act by one of its member owners, it is incumbent upon it to show that it has followed its own standards and procedures prior to pursuing such a remedy, that those procedures were fair and reasonable and that its substantive decision was made in good faith, and is reasonable, not arbitrary or capricious. Ironwood Owners Ass'n IX v. Solomon (1986) 178 Cal.App.3d 766

The elements of due process include:

1. Giving the accused notice of the alleged violation;

2. Providing a reasonable opportunity for the person to defend self in executive session;

3. Knowing the identity of the accuser with an opportunity to cross-examine the witness; and

4. Giving the accused an opportunity to examine and refute the evidence.

Applebaum v. Board of Directors (1980) 104 Cal.App.3d 648, 657; Carson v. Glass Bottle Blowers (1951) 37 Cal.2d 134, 144; Civil Code §1363(h); Civil Code §1363.05(b); Corp. Code §7341(c)(3)

Updated 8/9/2008