- The ACC must send written notice of a denial of an owner’s lot improvement application or request by certified mail, hand delivery, or email. The notice must provide certain information, including notice that the owner can request a hearing within 30 days.
- All hearings must be conducted by the board now and must be held within 30 days after receiving the owner’s hearing request. The process to be followed at the hearing is also outlined.
- The board may then affirm, modify, or reverse the ACC’s decision, in whole or in part, as may be consistent with the association’s CC&Rs.
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Previously, the board could appoint a committee to conduct a violations hearing. However, much like ACC appeals, violation hearings must now be conducted by the board.
In addition, at least 10 days before the hearing, the board must provide the owner with a packet that contains all evidence of the violation that the HOA intends to present at the hearing, such as photos, documents, and communications.
