Judiciary Committee

The Judiciary Committee is headed by Levina Chambers, Secretary Hampton Club Condo Association.  If you are interested in Joining the Judiciary Committee, please contact the Hampton Club office.

JUDICIARY COMMITTEE

The Board of Directors have established a Judiciary committee to provide a  fair and efficient procedure for the resolution of housing related disputes between individual Unit Owners and the Condominium Association and between different Unit Owners that shall be a readily available alternative to litigation.

PROCEDURES

Any Member or tenant of a Member seeking to bring a matter before the Judiciary Committee (from now on called the Petitioner)
shall do so in the following manner:

A. The Petitioner shall file with the Judiciary Committee a written statement (from now on called the Petition) setting forth in detail the matter being presented. In the case of a fine by the Management Company, the Petition must include a copy of fine notice and must be received by the Management Company within ten (10) business days of service upon the Petitioner

B. The Judiciary Committee shall review the written submissions of the Petitioner and the Respondent and shall conduct such other inquiry as it deems appropriate. The Judiciary Committee shall then make every effort to informally resolve the dispute between
the parties in an amicable fashion.

C. In the event a matter pending before the Judiciary Committee cannot be informally and amicably resolved within ten (10) business days of the date by which the Respondent was to have filed with the Judiciary Committee its written response or any mutually agreed upon extension not to exceed sixty (60) calendar days from the expiration of the aforesaid ten (10) business
days, the Judiciary Committee shall hold a formal hearing upon ten (10) business days notice to the Petitioner and the
Respondent. At such hearing, the Petitioner and the Respondent shall be permitted to be represented by counsel and shall further be permitted, directly or through counsel, to make such statements as they each desire and to present testimony, writings or other exhibits. The Judiciary Committee shall conduct the hearing according to procedures established by it for the conduct of all such hearings, but, in all events, shall receive documents, statements and evidence without regard to the
rules of the evidence that would be applicable in a formal legal proceeding. The Judiciary Committee shall endeavor, in good faith, to render a written decision within five (5) business days of the conclusion of the formal hearing. A copy of the decision shall be served upon the Petitioner, the Respondent and the Board of Directors by the Judiciary Committee.

D. A decision of the Judiciary Committee shall become final ten (10) business days after it is served upon the Board of Directors. Prior to the expiration of the aforesaid ten (10) business days, the Board of Directors may review the decision and, in its sole and absolute discretion accept, reject or modify, in whole or in part, the decision, including, but not limited to, any recommendation of the Judiciary Committee regarding imposition and/or allocation of costs. To the extent the Board of Directors determines that it is appropriate for the cost of the hearing to be assessed against one or more of the parties, it shall cause such costs to be assessed or a Miscellaneous Common Expense assessment and notice of same shall be served upon the responsible party or parties setting forth the terms of payment of the sums so assessed. In the event the Board of Directors modifies or rejects the decision of the Judiciary Committee, it shall reduce its determination to writing and serve a copy of same upon the Judiciary Committee, the Petitioner and the Respondent as the final disposition of the matter in question. The failure of the Board of Directors to modify or reject the decision of the
Judiciary Committee as aforesaid by serving notice of same within ten (10) business days of service upon it of a copy of the Judiciary Committees decision shall be deemed an affirmation by the Board of Directors of the decision of the Judiciary Committee.

G. The prevailing party under the final decision may enforce compliance with any decision of the Judiciary Committee and/or the Board of Directors by instituting suit in any court of competent jurisdiction. The cost of any such litigation, including reasonable legal fees, shall be borne by the parties in such a manner as the court deems equitable.