§6 CONFLICT RESOLUTION, NOTICE & HEARING PROCEDURE
6.00. Conflict Resolution. Conflicts that significantly affect the quality of life at Urban Soil/Tierra Urbana are the legitimate concern of any or all of its residents. If the Cooperative has been unable to resolve a conflict for a period of thirty (30) days, the Cooperative will retain a professional facilitator or mediator to assist in conflict resolution unless there is a decision in support of a different solution. Complaints or alleged violations of the Bylaws or the Cooperative Rules will follow the requirements set forth in Section 6.20. If the conflict is still not resolved after that procedure, the parties will use Arbitration unless there is a decision in support of a different solution.
6.10. Mediation. Members will make themselves available for conflict resolution on personal matters between Members at the request of any Member, within two (2) weeks of the request (or within two (2) weeks of returning home, if away at the time of the request).
6.20. Suspension of Privileges. In the event of an alleged violation of these Bylaws or the Cooperative Rules by a Member or Person deriving their rights of use and enjoyment of the Project from such Member, the Board of Directors shall have the right, upon an affirmative vote of a seventy-five percent (75%) of the Board of directors present and voting(excluding the number of votes as to which voting rights are suspended at the time of the subject meeting), to take any one or more of the following actions: (i) levy a Reimbursement Assessment against such offending Member (the “Respondent”), (ii) suspend the Respondent’s voting privileges as a Member; (iii) suspend the Respondent’s voting privileges as a director if such Member is also a director; and/or (iv) record a Notice of Noncompliance against the Respondent’s Lease and Unit. Any such suspension shall be for a period of not more than thirty (30) days for any non-continuing infraction, but in the case of a continuing infraction (including nonpayment of any Assessment after the same becomes delinquent) may be imposed for so long as the violation continues. Prior to taking action hereunder, the Board of Directors shall deliver (either personally or by first-class mail sent to the Member’s last address shown in the records of the Cooperative) written notice of the proposed action to the Member alleged to be in violation and the reasons therefore. Such notice shall specify a date and time for a hearing before the Board of Directors at which the Member may be heard orally or in writing. No action against such Member arising from the alleged violation shall take effect prior to the expiration of (i) fifteen (15) days after the Member’s receipt of the notice required herein and (ii) five (5) days after the hearing required herein. The failure of the Board of Directors to enforce Cooperative Rules, these Bylaws or the Leases shall not constitute a waiver of the right to enforce the same thereafter. The remedies set forth above and otherwise provided by these Bylaws shall be cumulative and none shall be exclusive.
6.30. Written Complaint. A hearing to determine whether a right or privilege of the Respondent under these Bylaws should be suspended or conditioned, or whether a Reimbursement Assessment should be levied, shall be initiated by the filing of a written Complaint by any Member or by any officer or director with the president of the Cooperative or other presiding member of the Board. The Complaint shall constitute a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the Respondent is charged and a reference to the specific provisions of these Bylaws, the Leases or the Cooperative Rules which the Respondent is alleged to have violated. A copy of the Complaint shall be delivered to the Respondent in accordance with the notice procedures set forth in Section 6.40, together with a statement which shall be substantially in the following form:
“Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying Complaint is delivered or mailed to the Board within fifteen (15) days after the Complaint was delivered or mailed to you, the Board may proceed upon the Complaint without a hearing, and you will have thus waived your right to a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled ‘Notice of Defense’ to the Board at the following address: (the suitable address shall be inserted here) If you desire the names and addresses of witnesses or an opportunity to inspect any relevant writings or items on file in connection with this matter in the possession, custody or control of the Board, you may contact (the name of a suitable person shall be inserted here)”
The Respondent shall be entitled to a hearing on the merits of the matter if the Notice of Defense is timely filed with the Board. The Respondent may file a separate statement for the purpose of mitigation, even if he or she does not file a Notice of Defense.
6.40. Notice of Hearing. The Board shall serve a notice of hearing, as provided herein, on all parties at least ten (10) days prior to the hearing, if such hearing is requested by the Respondent. The hearing shall be held no sooner than thirty (30) days after the Complaint is mailed or delivered to the Respondent as provided in Section 6.30. The notice to the Respondent shall be substantially in the following form but may include other information:
“You are hereby notified that a hearing will be held before the Board at _____________________________________, on the _____ day of ________, 20_
at the hour of _______________ upon the charges made in the Complaint served upon you. You may be present at the hearing, may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to request the attendance of witnesses and the production of books, documents or other items by applying to the Board.”
6.50. Hearing. The hearing shall be held before the Board of Directors in executive session pursuant to this notice affording the Member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who mailed or delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. No action against the Member arising from the alleged violation shall take effect prior to the expiration of (i) fifteen (15) days after the Member’s receipt of the notice of hearing, and (ii) five (5) days after the hearing required herein.
6.60. Legal Proceedings. The failure of any Member, his or her Family, guests, employees, or invitees to comply with any provision of the Governing Documents shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, unlawful detainer, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. The Board of Directors or any Owner Member (not at the time in default hereunder shall be entitled to bring an action for damages against any defaulting Owner Member, and in addition may enjoin any violation of the Governing Documents. Any judgment rendered in any action or proceeding to enforce the Governing Documents shall include a sum for attorneys’ fees in such amount as the court may deem reasonable in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs. Each remedy provided for in the Governing Documents shall be cumulative and not exclusive or exhaustive.