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#163-G, Inverness Forest Association Inc., v. Avissar (March 9, 1993) (Panel: Stevens, Mechak, Smith)

The homeowner association (HOA) filed a complaint alleging that the homeowner (HO) was in violation of the community rules by failing to remove a gutter and downspout that the HO had installed without approval.

The HO did not answer the complaint.  The Commission accepted jurisdiction of the dispute but did not set it for a public hearing because by failing to file an answer the HO failed to raise any dispute.  The Commission notified the HO that it would issue a default order against him if he failed to respond to the complaint by February 3, 1993, and that the panel could proceed with a hearing without him.  The HO still did not respond.

The hearing panel then issued an order of default, and based upon the record submitted by the HOA, the hearing panel granted the relief requested by the HOA and ordered the HO to remove the gutter and downspout within 30 days.

[Editor's note: the Commission has since adopted formal rules governing such situations, called the "Default Judgment Procedures".  They are available on the Commission's website.]