SB 1135 Signed Into Law
SB 1135, just signed into law by Governor Ritter has established a new requirement mandating that covenant violation hearings be adjudicated by an "impartial decision maker". This law modifies most association's covenant enforcement policies limiting who may participate in enforcement hearings. Existing Board members are not disqualified from being impartial decisions m akers so long as they do not have an interest in the outcome of the hearing. Disqualifying situations may include situations in which a board member is a neighbor, has a personal history with the person in subject to enforcement. Both positive and negative history would disqualify the Director.
To be an impartial decision maker, the board members should not have any interest, either personally or financially with the outcome of the violation hearing. Board members having the above conflicts should abstain from the proceedings. We can assist in making any modifications that may be required to bring a covenant enforcement policy into compliance with the new 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.
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