I occasionally see governing documents allowing homeowners to bring counsel to hearings, but generally, these should be meetings between homeowners. Nothing in the law requires hearings to be conducted like criminal proceedings, with counsel, Fifth Amendment protections and a jury of peers. HOA hearings are not court proceedings but are meetings of neighbors to address unneighborly behavior. Truth: No, the law does not give this right. Myth #4: Homeowners have the right to an attorney or representative present at their discipline hearing. Section 5855 Subpart (d) says: “A disciplinary action … shall not be effective … unless the board fulfills the requirements of this section.” Truth: The disciplinary process under Civil Code 5855 is clear – before ANY discipline is considered or imposed, the homeowner must be given written notice of the hearing at least ten calendar days before that meeting.

Myth #3: A fine can be imposed without a hearing so long as there is a “right to appeal” the notice.

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