Becker & Poliakoff

Community Association Due Process Rights with Respect to Neighboring Developments

Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the proposal will be considered and a meaningful opportunity to be heard. However, the extent to which a community association and its residents “have the floor” to object to a proposed development during a public hearing depends on several things.