If the owner does not attend the hearing and has not yet paid the fine, the owner has forfeited the opportunity to be heard and the board may proceed with the fine. The DC Condo Act holds board members to the standard of care of that of a fiduciary. In DC, boards must take the concept of fiduciary duty seriously. Under this concept, board members have an obligation to act in the best interest of the people they represent rather than only themselves. Another situation in which fiduciary responsibility must be carefully exercised is in investing reserve monies.
Fiduciary duty means fully disclosing possible conflicts of interest.
For example, the board is considering awarding a contract to your cousin's landscaping firm. You must disclose your relationship with the firm, and, if you proceed with the action, thoroughly document that your cousin's firm is the best value available to the association. Historically, condo associations do pretty well in court. In DC, most case law concerning the Condo Act is fairly thoughtful and judges have demonstrated a knowledge and understanding of the Act. Unless the judge makes a mistake, the DC Condo Act and your association's documents will hold up in court if you have administered them correctly.