Just to be clear; did you write, say and agree with this message that you sent?
in accordance with authorization for member discipline contained in the governing documents. The board of directors shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was adopted and distributed to the members pursuant to this subdivision.
My Comment: The purpose of the statute is to give a member notice if the
association is going to consider imposing monetary penalties (fines or cost
reimbursement assessments) and to explain what conduct is subject to the penalties. This is accomplished to a certain degree by the “schedule of fines” that must be sent to owners before any fine is imposed. The schedule may be general or specific, but in any case, unless it restates exactly w hat the C C &R s or other governing documents that cannot be changed without membership approval say, it is subject to circulation to the members before adoption per the requirements for rules found in C C 1357.100 and follow ing. Legal counsel should be consulted to review the fine schedule to see if it comports with the C C &R s and Bylaws provisions and manner of notice required therein to members. The “fine schedule” must be distributed upon adoption by the Board, and thereafter anytime changes are made, but it seems to me a good idea to send it out annually with the budget package, as a reminder. A copy should also be given to new owners with the governing documents that are provided upon sale or transfer of a unit or residence. If the Owners do not know the rules, they cannot follow them . And for a landlord Owner, it is much easier to get tenants to read the rules than the C C &R s.
(g) When the board of directors is going to meet to consider or impose discipline upon a member, the board shall notify the member in writing, by either personal delivery or first-class m ail, at least 10 days prior to the meeting. The notification shall contain, at a minimum , the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to attend and may address the board at the meeting. The board of directors of the association shall meet in executive session if requested by the member being disciplined. If the board im poses discipline on a member, the board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class m ail, within 15 days following the action. A disciplinary action shall not be effective unless the board fulfills the requirements of this subdivision.”
Comment: Associations must provide members with notice of a hearing when a fine or other disciplinary action is being considered. These hearings are generally held in executive session even if the ow ner does not ask for it. The right of m ember attendance in post-hearing deliberations is debated by industry professionals so legal advice should be obtained if a question arises. For continuing or commonly repetitive violations by the same residents, a Board or manager should get advice from a knowledgeable attorney for guidance in avoiding subsequent or repetitive hearings.”
**
So you can see that unless the association follows the law , any disciplinary action imposed is “not effective” under the law .
**
This doesn’t mean that I condone violating the rules or the documents or that the board cannot impose fines retroactive to address complaints or violations, but the boards must give the owners the opportunity to defend them selves before imposing a fine.