Due process and confidentiality

[Guest Catamere]

I received a notice of violation from my HOA but they don't seem to be following Robert's rules with respect to due process. I'm entitled to a hearing in my state and have had trouble getting them to agree to one. Until there has been a hearing and an official vote, isn't there an expectation/rule that the proceedings will be confidential (at least until due process has been completed)? The board has already written to our neighbor telling them that we're in violation, which has compelled the neighbors to send us a demand letter from their attorney - again, before we've been able to have a hearing and present our evidence to the board and have a final vote. This doesn't seem to be following the rules of order. Am I correct? Thanks!

[Gary Novosielski]

These seem more like legal problems than questions of parliamentary procedure.  HOA violations are often handled in accordance with state regulations rather than the default discipline procedures in RONR, so I don't think we'll have definitive answers here, but watch this space.

Legal questions should be addressed to your lawyer.

[Guest Catamere]

Attorneys are involved. But the question is regarding the process and what confidentiality can be expected. It's my understanding, the HOA should have issued the notice, allowed a hearing, and then vote on a cure. I believe they've interrupted the process by not allowing a hearing and telling the neighbors about the violation before allowing due process. Shouldn't there be confidentiality until due process is completed?

[Josh Martin]

On 3/5/2024 at 4:45 PM, Guest Catamere said:

I received a notice of violation from my HOA but they don't seem to be following Robert's rules with respect to due process. I'm entitled to a hearing in my state and have had trouble getting them to agree to one.

An HOA almost certainly has its own rules on this subject, either in its own bylaws or applicable law (or both), and those rules will take precedence over RONR.

On 3/5/2024 at 4:45 PM, Guest Catamere said:

Until there has been a hearing and an official vote, isn't there an expectation/rule that the proceedings will be confidential (at least until due process has been completed)?

To the extent the rules in RONR are controlling, there is a rule that the proceedings are confidential. To some degree, the proceedings are confidential even after the process is completed.

"If (after trial) a member is expelled or an officer is removed from office, the society has the right to disclose that fact—circulating it only to the extent required for the protection of the society or, possibly, of other organizations. Neither the society nor any of its members has the right to make public the charge of which an officer or member has been found guilty, or to reveal any other details connected with the case. To make any of the facts public may constitute libel. A trial by the society cannot legally establish the guilt of the accused, as understood in a court of law; it can only establish his guilt as affecting the society's judgment of his fitness for membership or office." RONR (12th ed.) 63:3

"The general rule is that anything that occurs in executive session may not be divulged to nonmembers (except any entitled to attend). However, action taken, as distinct from that which was said in debate, may be divulged to the extent—and only to the extent—necessary to carry it out. For example, if during executive session a member is expelled or an officer is removed from office, that fact may be disclosed to the extent described in 63:3. If the assembly wishes to further lift the secrecy of action taken in an executive session, it may adopt a motion to do so, which is a motion to Amend Something Previously Adopted (35). In making or debating such a motion, the members must be careful, if the assembly is not in executive session, to preserve the existing secrecy." RONR (12th ed.) 9:26

But I am doubtful that the rules in RONR are controlling in this matter for an HOA. It sounds like there are rules on these subjects in your bylaws and applicable law. As such, that is where you will need to look for an answer to your question.

On 3/6/2024 at 12:04 AM, Guest Catamere said:

It's my understanding, the HOA should have issued the notice, allowed a hearing, and then vote on a cure.

I have no idea whether this is correct or not. You are more familiar with your HOA's rules on this matter than I am.

On 3/6/2024 at 12:04 AM, Guest Catamere said:

I believe they've interrupted the process by not allowing a hearing and telling the neighbors about the violation before allowing due process. Shouldn't there be confidentiality until due process is completed?

Again, I don't know to what degree RONR can be of assistance here, since your organization has its own rules controlling these procedures. Your question is really about your organization's own rules (and possibly also applicable law), not RONR.