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CCOC Decision Summary

#617-G, Waring Station Homeowners Association v. Kalaw (October 3, 2003) (Panel: Pettey, Kivitz, Bruce)        

The homeowners association (HOA) filed a complaint against a homeowner (HO), claiming that the HO was violating the community rules by leaving trash and debris in the yard, failing to maintain the fences and lawn, and leaving trash cans out too long.The HO did not respond to the complaint or attend the public hearing.

The hearing panel noted that the record prepared by the Commission staff showed that the staff sent a summons and statement of charges to the HO, and concluded that the panel had jurisdiction over the HO and so it proceeded with the hearing.The evidence presented by the HOA included photographs of the problems and copies of the rules involved.At the end of the hearing the panel left the record open for 10 more days to allow time for the HO to file any response.

The hearing panel ruled that the HO was in violation of the community rules, and that the rules also allowed the HOA to enter the property, make the necessary repairs, and bill the costs of those repairs to the HO.The panel ordered the HO to make the repairs within 30 days, and further ordered that if the HO did not do so, the HOA could make those repairs and place a lien on the HO's home to cover the reasonable costs of repairs.

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