SB 1135 Signed Into Law
This appears to be a good law because many HOA's have been running amok with power. The homeowner was only allowed mediation, not binding. Adjudication assures an even-handed approach
It seems to me to be the epitome of disingenuousness to entertain, even for a moment, the notion a board member could or should be regarded as able to make a disinterested or impartial decision in such a case. Board members, by definition, are members of the prosecution. They are committed to aggressive enforcement. This would be like homicide detectives sitting on a murder jury.
There is no possible way in which a board member does not have an interest in the outcome of the hearing.
While it is arguable that all board members have some interest or leaning in covenant violation hearings, the new law focuses on the more extreme cases of impartiality--those having one or more of a variety of relationships with the alleged violator that is more likely to affect his decision in a hearing. The previous poster is correct in his concern that board members, who typically have a duty to enforce covenants, are taking on an additional role when they make a judgment at a hearing after their HOA has pursued an alleged violator. It is important to consider that impartiality as it relates to ocvenant hearings is often a matter of degree. And guaranteeing a completely impartial hearing should be balanced against the burden of obtaining such a high standard of adjudication. This middle ground the new law takes allows boards to function as a hearing body without having to create an independent body or hire an arbitrator to hold these hearings.