Due process is a fundamental concept in legal systems, particularly in democratic societies, and it holds significant importance for several reasons:
- Protection of Individual Rights: Due process safeguards the individual’s rights and liberties, ensuring that government actions, including arrests, trials, and other legal proceedings, are conducted fairly and justly. It serves as a critical safeguard against government abuse of power.
- Fairness and Justice: Due process is a cornerstone of a fair and just legal system. It ensures that individuals are treated equitably under the law, that their rights are respected, and that they have access to a fair and impartial hearing.
- Legal Certainty: Due process provides a level of predictability and legal certainty within a society. It establishes rules and procedures that must be followed, creating a framework for resolving disputes and conflicts in a systematic and consistent manner.
- Rule of Law: The principle of due process is integral to the rule of law, which is a fundamental characteristic of democratic societies. The rule of law ensures that laws are applied consistently and that no one, including government officials, is above the law.
- Public Confidence in the Legal System: A robust system of due process helps build and maintain public trust in the legal system. When individuals have confidence that they will be treated fairly and justly, they are more likely to respect and comply with the law.
- Prevention of Arbitrary Government Actions: Due process acts as a check on the government’s power, preventing arbitrary and capricious actions. It requires authorities to follow established procedures and provide reasons for their decisions.
- Protection Against Wrongful Convictions: In criminal cases, due process is critical for protecting individuals from wrongful convictions. It ensures that evidence is collected and presented properly, that the accused has the opportunity to defend themselves, and that guilt is proven beyond a reasonable doubt.
- International Human Rights: Due process is recognized as a fundamental human right under various international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Upholding due process is an obligation for states that are party to these agreements.
In summary, due process is of paramount importance in legal systems because it upholds individual rights, ensures fairness and justice, maintains the rule of law, and builds public trust in the legal system. It is a fundamental principle in democratic societies that helps protect individuals from arbitrary government actions and wrongful convictions.
The Beacon Hill HOA has a due process policy that it does not follow consistently. This potently causes lawsuits which can be avoided if the policy was followed. Why would they not follow the due process policy. It seems that one reason is that board members and committee members are not aware of the policy.
This is very disturbing.
The due process policy can be found on the HOA website under Documents and the View Obstruction.
3. Due Process Procedures. The Association requires Owners to contact their neighbors first and request their cooperation by removing or reducing the height of a structure, or by thinning, pruning, topping or removing trees or vegetation, prior to coming to the Association with a complaint. An Owner complaining of a view obstruction shall submit the complaint in writing to the Association’s Board of Directors in care of the Association’s management company. The letter shall describe the efforts made by the Owner to gain the neighbor’s cooperation and the neighbor’s response. The complaint shall identify the structure or trees with sufficient particularity so as to enable the Association’s View Obstruction Committee and the Association’s Board of Directors to identify the subject of the complaint. Owners are encouraged to submit photographs with their letter. The Board recognizes that removal, or significant toping or pruning of trees within private property, or the modification or removal of Improvements, may impact neighboring or adjacent Owners. Some Owners may agree that the tree(s) or structure(s) are unreasonably obstructing a view, while others, to the contrary, may claim that removing, topping or pruning trees or removing an Improvement will detract from the value or desirability of their homes. Accordingly, a Member who desires the removal, thinning, topping, or trimming of a tree, or the removal or modification of an Improvement or other structure shall notify adjacent and potentially impacted neighbors of the request. The Owner requesting the action shall advise of the adjacent and impacted neighbors’ input by submitting the neighbor awareness portion of the Association’s architectural application with the Owner’s request. 3 The Association’s View Obstruction Committee shall contact the Owner making the request, in addition to the Owners, if any, who oppose the request, for the purpose of viewing the reported conditions from the affected lot(s) and/or residence(s) as applicable. The Committee shall further have the authority, but not the responsibility, to determine whether Owners other than those identified by the Owner submitting the request should be contacted. Following the View Obstruction Committee’s site inspection, the View Obstruction Committee shall hold a hearing, upon no less than fifteen (15) days prior notice by first class mail, and invite all Members who have submitted written support or opposition to the proposal to attend the hearing to express their opinions. The View Obstruction Committee shall determine whether an obstruction exists based upon the Criteria as defined in Section 2 above. The View Obstruction Committee shall, within five (5) business days following the conclusion of the hearing, make its recommendation to the Board of Directors. Upon receiving the View Obstruction Committee’s recommendations, the Board of Directors shall have the authority, but not the duty, to arrange for a site inspection prior to making any decision on the matter. The Board of Directors will make a determination whether an obstruction exists based upon the Criteria as defined in Section 2 above, and the Board’s decision shall be made in good faith and with the best interest of the community and its membership in mind. The Board’s decision shall be in keeping with fulfilling the primary purpose of the CC&Rs, which is to enhance and protect the value, desirability and attractiveness of all Properties within the community. Any view obstruction shall, upon written request of the Board of Directors, within 60 days be removed or otherwise altered to the satisfaction of the View Obstruction Committee by the Owner of the lot or condominium upon which the obstruction is located. In the event the Owner does not comply, the Board may pursue the Association’s rights and remedies afforded by the CC&Rs and State law.
This flies in the face of the CCR’S which state that the ARC is the appropriate committee to make the determination of view obstruction. The View committee is not mentioned in the CCR’S.