Are most legal matters encountered by HOA's in the area of civil law as opposed to criminal law? What are the standards of proof in those two respective areas of law?

Yes, fortunately an association is more likely to find itself involved in a civil matter than a criminal matter. Civil matters involve issues like breach of contract, negligence, civil trespass, debts, property damage, and covenant enforcement. Since the "penalties" in criminal matters and civil matters are different, so are the standards of proof. The standard of proof in a criminal matter is "beyond a reasonable doubt." This means that the defendants is presumed innocent unless the evidence is so conclusive and complete that an ordinary person would not have a reasonable doubt as to guilt. Civil cases typically follow a lower standard of "preponderance of the evidence." The prevailing party in a civil case must convince the judge or jury that his evidence is more probable or convincing than the other party's.

Community Essentials - June 2004