CO-OP CONDO OWNERS REQUEST BOARD HEARING

First, determine who will be the hearing panel. Your declaration, proprietary lease and other governing documents may address this issue. Hopefully, at least one of them sets out who will be the decision-makers for the hearing, and if more then one document discusses this, hopefully they all match.  If all documents are silent, the co-op / condo board of directors may act as the decision maker. If the documents contradict one another, you should consult legal counsel as to the best way to proceed.
 
Second, review the documents to determine the specifics of the notice requirements.  A hearing on a violation or on a review of renovation / alteration plans may be held as part of the monthly board meeting or separately as schedules of the board members or decision makers will allow or as otherwise dictated by the documents.  The board should make sure the notice of hearing spells out when and where the hearing will be, and what the hearing is about. And the board should send a copy of that notice to the parties who filed the initial complaint and ask that they attend as well.
 
Third, review the governing documents to determine if there are any specific requirements for the hearing. They may provide that the hearing be informal but might also set out a specific and more rigid format.  If any of the documents spell out a specific procedure, everyone needs to follow it.
 
Fourth, make sure you have copies of all documents that have gone to the board about the alleged violation or the renovation plans. Have a copy of any written complaints, plans, photos and e-mails, as well as responses.  Have them all together and ready for the decision makers to review.
 
Now we get to the hearing.  First and foremost do not forget that the person in front of you is a neighbor.  He or she lives in your community.  While it is important that covenants and rules be enforced, we can do so with respect for each other.  A good board will remind everyone, including its members, of the requirement of civility before a hearing starts.  
 
Also, keep the following in mind when it comes to hearings:

• Is there a quorum of decision makers?  Whether it is the design-review committee or the board of directors or a tribunal, make sure there is a quorum.

• Are all of the decision makers impartial?  If one of the decision makers is the complaining party or has a financial interest, such person needs to recuse himself of herself.

With violation-related hearings, the first purpose is to determine whether a violation occurred. To start the hearing, the board should advise everyone present what the alleged violation is, then present the information from the submitted complaints.  After this, the board may ask the alleged violator if he/she wishes to present his/her side of the story. If, after hearing from the owner, there are questions for either the complainant or the owner accused of the violation, the board should ask them.

Next page: Making the Decision >>