Procedures to Request a Hearing
Owners/residents who feel aggrieved by the OIHA Board’s action in declaring a violation of the CC&Rs and OIHA Rules & Regulations, or imposition of a fine or other penalty may request a hearing before the Board at the next available Board meeting.
1. The owner/resident of the Lot shall have fifteen (15) days to request a hearing before the OIHA Board of Directors to have the matter reviewed. This request shall be made in writing (no particular form) to the Board and delivered (by mail or in person) to the Association Office.
2. If no request for a hearing is made, the fine and/or damage assessment will remain effective against that Lot, and the monetary penalty will become enforceable against the Homeowner and Lot, and will begin to accrue interest at the rate of 8 ½ % per annum until paid in full.
3. Board meetings are held at the Clubhouse on the 2nd Tuesday of every month, beginning at 7:00 PM. Violation hearings will be held at the start of each Board meeting unless otherwise specified. The Board may elect to conduct the hearing in "Executive Session" at a regular or special meeting of the Board. The Office Manager will notify the alleged violator of the date and time of the meeting during which the hearing will be conducted.
4. At the hearing, the Board will hear and consider arguments, evidence, or statements regarding the alleged violation. The complainant may be required to provide evidence and testimony related to the violation. Following a hearing and due consideration, the Board will issue its determination regarding the alleged violation, i.e., whether a violation occurred, and if so, the specific consequences. The decision of the Board will be final and binding on the alleged violator and complainant.
5. If a hearing has been requested, then the specified fine will not become due until the Board has held the hearing and determined whether a violation has occurred and whether the fine should be levied as specified or as otherwise determined following the hearing. However, other legal or equitable remedies may be pursued by the Board during this time. Generally, the Board will make its determination immediately following the hearing and advise the alleged violator of its decision at that time. However, if additional information or an opinion from the Association’s attorney is needed, the determination will be made at a later date and the alleged violator and complainant will be notified of the determination at a later date, in writing.
6. If no request for a hearing is submitted by the aggrieved owner/resident within fifteen (15) days, the right to have a hearing on that matter will be considered waived, and the allegations contained in the Notice of Violation will be deemed admitted and any prescribed remedy will be instituted.
7. Failure of an alleged violator to attend a requested hearing without advance request to change the hearing date will be deemed a waiver of the hearing, and the allegations contained in the Notice of Violation will be deemed admitted and any prescribed remedy will be instituted.