1. Does Due Process apply to Home Owner Associations (HOA) vis-a-vis their members?A. If so, then to what measure is HOA held accountableB....

Question

1. Does Due Process apply to Home Owner Associations (HOA) vis-a-vis their members?

A. If so, then to what measure is HOA held accountable;

B. What measures of procedure or substance may HOA member claim as "rights";

C. What elements constitute HOA Due Process and from what body of law?

D. How would you challenge or modify such to the level of good public policy?

2. Note:

A. I suggest a 10-day notice of hearing requirement & chance to speak at hearing falls short of

Due Process. An assasin (or terrorist) may provide notice and chance to speak before the bullet.

B. I suggest HOAs ultimate ability to deprive members of the sanctity of their home via non-judicial foreclosure, in addition to other punitive measures, equity and good public policy would call for reasonable measures of Due Process commensurate with HOAs ability to punish.

Answer

You'll have to make your arguments to the legislature. HOA's are governed by the CC&Rs;and by-laws adopted under them. If what the HOA does with its proceedures is not in violation of the CC&Rs;and/or bylaws, you have no recourse.

Answer

I have little doubt that HOAs must observe certain due-process requirements. These are probably not nearly so comprehensive as you wish they were. "Notice and a hearing" come to mind as appropriate due-process before the assessment of a penalty. Whether they have to go any further is doubtful in my mind. HOAs are voluntary organizations, not exercises of the police power of the state.