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CCOC Decision Summary

#06-10, Stonebridge HOA v. Deck (March 30, 2011) (Panel: Molloy, Alkon, Farrar) 

The HOA complained that the front of the homeowner's house contained several conditions that needed to be repaired.  The homeowner did not respond to the complaint, and pursuant to the Default Judgment Procedures the CCOC's hearing panel issued an order of default against the homeowner.  When the 30-day deadline of the default order expired the HOA then asked for a final default judgment from the panel, claiming that the house and the lot were in deplorable condition.

The CCOC staff inspected the house and the lot and took photographs of them.  The staff's report concluded that although there were many defects in the condition of the sides and rear of the house and the lot, the specific items complained of, all of which were in the front of the house and lot, appeared to have been repaired.

The hearing panel issued an Order of Dismissal.  Under that order the HOA had two weeks to file objections to the staff report; if it did not do so, the dispute was dismissed with prejudice.  The panel went on to hold that for the Commission to have jurisdiction of a dispute, the HOA had to first exhaust its own procedures for dealing with an alleged violation.  The HOA had followed that procedure in its complaint, but the items had been repaired and that complaint was therefore moot.  There might be other violations on the lot but the HOA must first give the homeowner notice of them and the opportunity for a hearing on them, and there was no evidence in the record that it had ever placed the homeowner on notice of any problems with the sides and rear of the house and the lot.  Therefore the CCOC could not consider those claims at this time.

The HOA did not dispute the order and the case was dismissed with prejudice.

 

 
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