NOTICE OF DECISION

Deadline for Decision. If the board imposes discipline on a member, notice of the disciplinary action must be given by personal delivery or first-class mail within 15 days following the action (unless the governing documents require a shorter notice). Civil Code §1363(h)

Contents of Decision. "Notice of Decision" letters should be written so that a person unfamiliar with the situation, such as a judge, could determine from the letter itself why the hearing was held, who participated, what was decided and why. The letter should contain the following information:

• the date of the hearing;
• the specific provisions of the CC&Rs or Rules the owner violated;
• whether or not the owner was present at the hearing (or sent a representative);
• a summary of the events leading to the hearing;
• the evidence that the owner was in violation and the evidence, if any, presented by the owner in defense;
• the findings by the board (e.g., the owner's dog created a nuisance with it's incessant barking; the owner modified his/her unit without architectural approval; the owner's tenant was speeding on the association's private streets, etc.)
• the discipline imposed by the board (a warning, a fine, suspension of privileges, etc.)

Updated by ADAMS KESSLER 4/3/2008