What rights does accused have in disciplinary hearings?
Disciplinary hearings in California aren't like criminal court proceedings, so an accused owner can't demand that an HOA require the complainant to be present at their hearing. The procedure for such hearings and the "due process" are meant to be simple, so there's no right to a jury or counsel and no right to cross-examine witnesses. However, as a best practice, HOAs can implement written hearing procedures so owners and board members know what to expect, says Kelly Richardson, a Fellow of the College of Community Association Lawyers.