Failure of Accused to Appear at a Hearing
Assuming a proper hearing notice was provided, a disciplinary hearing may proceed against a member if the member fails or refuses to attend the hearing. The board cannot levy penalties against the accused member simply because he or she did not appear. The board must hold the hearing in the person's absence and review the evidence related to the violation. If the board finds that there is sufficient evidence that the member violated the CC&Rs and/or Operating Rules, the board may, based on the evidence, levy appropriate penalties. The board must give notice of its decision to the member.
American HOA Management