COVENANTS COMMITTEE HEARING PROCEDURES
Any resident in receipt of a violation notice, or any resident contesting the ruling of a Charging Authority, may request a hearing before the Covenants Committee. Upon receipt of such request by the resident for a hearing before the Covenants Committee, the Chairman or his representative shall do the following:
1) Request copies of all documentation of the alleged violation from the Charging Authority. .The Charging Authority shall also supply to the Committee a written statement specifying the reasons and rationale for the actions taken.
2) Set a date, time and place of the Hearing and advise the resident of such Hearing through a “Hearing Notice”. The Hearing shall take place no later than 30 days from the date of the Hearing request.
3) The “Hearing Notice” shall contain the date, time and place of the Hearing by the Covenants Committee and shall advise the resident that they may be represented by an attorney, and the resident may call witnesses on their behalf at the said Hearing. The Notice shall also include a request of the owner appellant that a written statement be provided to the Covenants Committee at least seven (7) days prior to the hearing, stating: (a) the issue being challenged by the owner, and (b) the position of the owner on the issue. The Charging Authority may have the option of responding to this statement.
4) Conduct the Hearing at the predetermined date, time and location. The Hearing Body, which shall be composed of at least three (3) members of the Committee, shall have the ability to amend the charge to a lesser offense or alter the sanction imposed by the Charging Authority.
5) The findings by the Hearing Body shall be provided to the resident by written notice within one (1) week of the said Hearing.
6) In the event the Hearing Body upholds the alleged violation and imposed sanction, the notice to the resident of its finding shall also advise the resident of its right to appeal the decision of the Hearing Body to the Board of Directors of the Association.
These procedures are not inclusive and may be modified from time to time by the Covenants Committee.