Making public violation notices

Since violations are between the homeowner and the association and may lead to monetary dealings I would think it is in the best interests of all involved to keep the nature of things private. However, I think the community needs to know when situations or events occur and the association has acted in the community's best interest. This can be done without the naming of names however.

Robert, beyond advising people of the Rules we place notices of a general nature in the newsletters. These notices address common violations and let the owners know they are handled in accordance with the procedures outlined in Rules & Regs.

If an owner contacts us to find out what has been done about a specific problem, they are advised of the history and told they are welcome to come view the records. This is information is always available to homeowners unless there is a law suit involved.

We are asked all the time why 'nothing ' is being done about violations. Our violation process per CCr's include certified letter, more letters, fines, etc. It is not an instant result!

I always state that the matter has been addressed on 'this' date, and that it is still in process, or homeowner has complied, or we are pursuing the matter. I also advise that the records are available for review by appointment.

Why would you want to keep the process secret? All owners have a right to know all the details. Who, what, when, where, etc.

Besides that, it is in the best interests of those cited, for the process to be entirely open. If the process is kept secret, it may very well be because the process is not being conducted properly.

Perhaps an abusive board or committee would rather not have the membership know they are taking shortcuts and failing to follow due process.

you should also check your state laws about open meetings, and the right to public access to your documents. If your HOA is a corporation, you may have to follow certain laws regarding public records, open meetings, making certain records available, etc.. it can be very complicated, so research well.

As a Board member I am working for every member in the association, including the member who may occasionally violate a rule. I believe repeat offenders should be dealt with quickly and harshly and with a fine schedule that curtails the tendency. I also believe the membership should be made aware of the types of violations that are occuring and the steps being taken to deal with them. However I still don't see why it is necessary to point the finger and name names. This seems like playground tactics and unnecessary when looking at the big picture. Shaming someone doesn't make them stop, hurting them in the pocketbook does.
I am now speaking on a personal level as a single Board member of our association who has also been the Violations Director for a year. My approach as Violations Director and the previous Violations Director worked very well in our association. Previously our members were feeling targeted and alienated in the process. A complaint I heard was the complete story wasn't sought out before a fine was levied and then the fine was oftentimes having to be rescinded, once both sides of the story were heard. I ask you, in this type of case, do you think it would be fair to name the party or parties involved to all the association members? Especially in a society with litigation on its mind as ours is?

Then every owner is entitled to complete and detailed access to all enforcement actions. Enforcement is simply not a legitimate privacy issue.

I don't think anyone has said they publicize. States have laws which allow access to view and copy most data in HOA files.

Following is a Colorado HOA Rules & Regs example:
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Rules and Regulations on Inspection and Copying of Association Records

The records of the Association shall be reasonably available for inspection and copying during normal working hours to a Unit Owner, or their appointed representative, in response to their good faith request for a proper Association purpose. The Association may withhold records such as those protected by attorney-client privilege and information which might be used for soliciting purposes. No owner shall disclose Association information which can be used for soliciting purposes. Privacy concerns, however, are narrowly construed. For example, despite what might be embarrassing to a homeowner, delinquent account information can not be withheld from an Owner if the request is made in good faith and for a proper purpose.

The Owner shall submit a written request to the Registered Agent providing a) Name, b) Address, c) Date, d) purpose, e) Specific records for which copies are requested, f) Specific records for which only onsite review under supervision are requested. Upon receipt of a request the Agent shall contact the Owner to schedule a meeting within five business days and advise on the cost involved.

The Association shall disclose certain information to all Unit Owners annually and to an Owner when selling of a Unit. Disclosure of information may be accomplished by various means: (1) maintaining a binder at the Registered Agent’s office; (2) sending by E-mail upon request; (3) posting on an internet web page with accompanying notice of the web address via first-class mail or E-mail; (4) first-class mail; and (5) personal delivery.

Information which shall be disclosed includes:
a) The name of the Association; the name of the Association’s designated Agent and Management Company, if any; physical address and phone number for both the Association and the designated Agent and Management Company, if any; and if the Association address, designated Agent, or Management Company changes then Owners shall be advised within 90 days;

b) The Declaration and amendments to the Declaration with the initial recorded date, and reception number or book and page;

c) The Articles of Incorporation and amendments thereto; current Bylaws; and all current Rules and Regulations;

d) The date the fiscal year commences; operating and reserve budgets for the current fiscal year; most recent Annual financial statements including a Balance Sheet and Income Statement; and report on results of any financial review or audit preceding the current annual disclosure;

e) The current regular assessment and special assessments, if any;

f) A list of all Association Insurance policies, including Property, General Liability, Directors and Officers Liability, and Fidelity. Such list shall include the Company and Agent’s names, Policy limits, deductibles, additional named insureds, and expiration dates;

g) Minutes of Member and Board meetings for the last year; and

h) Responsible Governance Policies, which shall include maintaining accounting records using generally accepted accounting principles (GAAP) and the seven required Rules and Regulations listed in Colorado Statute 38-33,3-209.5 (1) (b) : Enforcement of Covenants and Rules, including Notice and Hearing procedures and the schedule of fines; Collection of unpaid Assessments; Inspection and copying of Association records by Owners; Conduct of meetings; Handling conflicts of interest involving Board members; Investment of reserve funds; Procedures for the adoption and amendment of Policies, Procedures, and Rules.

SwanB...while I agree with most of your post, I disagree with the interpretation regarding AR. Association records should be available for review (as required by your state or the Non Profit Corp Act). Consequently, in that respect AR should be availabe for review. I myself would not neccesarily 'name names' at an annual meeting, but outstanding accounts should appear in the financial statements and anyone who is a member should be able to review the specifics. Kind of a compromise...

We file liens for unpaid dues. Liens are a matter of public record.

Our HOA requires that a complaint be filed IN WRITING on a form that requires a witness/complaintant signature. Our process of notice of violation includes the right to a hearing and to "face the accuser." This may sound drastic, but there were WAY too many little grumblings of the grapevine and not enough people willing to come forward and put their name on the line to back up the complaint. Also, there were too many retaliation complaints. This way, if someone does have a legitimate complaint, they should have no problem submitting the form and to be willing to come forward if requested, to give further information regarding the complaint at a hearing. The accused also has the right to defend themselves and explain their situation. At the very least, it offers an opportunity for mediation between the homeowners--with the ultimate purpose of harmonious living in our community. Also, they can take back their experience to the "grapevine" with at least a little more understanding of the other side of the story. It FORCES people to do what they should already be able to do as neighbors.

Our board has adopted the rule that they are not allowed to submit claims/complaints against any homeowners (at least not be the only complaint, or the first complaint.) They can validate that a violation exists one brought to the attention of the board by an official complaint form. There is no other way to substantiate the validity of claims or to have the complaints be heard by the board in an unbiased manner--the board cannot serve as judge/jury and complaintant.

Our property management group is supposed to (in a perfect world) do weekly "walks" of the property to assess for violations as well--focusing on the major construction/nuisance and asthetic concerns. Obviously, a neighbor has no idea whether or not a permit has been obtained for certain projects. Things like parking or items in the backyard are up to the neighbors to report.

We also require the complaint to come through in written form and signed by the complaintant. Then the complaint is investigated by our Violations Director and logged into a reports log and a letter is written to document the findings and summary of the conversation or dialogue concerning the complaint and the follow up on resolving the complaint or violation or levying of fine as per our posted Schedule of Violations and Fines. The member who has a complaint or violation against them has the ability to appeal at the next Board meeting either in writing or in person or by an agent for themselves, if they cannot be there. All of our accounts are not payable for a month so there is a month's timespan for the appeal process.
As a past Violations Director, I have even been asked to be that 'agent' for members who I have levied fines against and they are appealing (?). It certainly seemed odd to be asked to function in that role but I guess they felt I was honest and fair in my interactions with them.

Posted:05/11/2006 10:28 AM
Our HOA requires that a complaint be filed IN WRITING on a form that requires a witness/complaintant signature. Our process of notice of violation includes the right to a hearing and to "face the accuser." This may sound drastic, but there were WAY too many little grumblings of the grapevine and not enough people willing to come forward and put their name on the line to back up the complaint. Also, there were too many retaliation complaints. This way, if someone does have a legitimate complaint, they should have no problem submitting the form and to be willing to come forward if requested, to give further information regarding the complaint at a hearing. The accused also has the right to defend themselves and explain their situation. At the very least, it offers an opportunity for mediation between the homeowners--with the ultimate purpose of harmonious living in our community. Also, they can take back their experience to the "grapevine" with at least a little more understanding of the other side of the story. It FORCES people to do what they should already be able to do as neighbors.

Our board has adopted the rule that they are not allowed to submit claims/complaints against any homeowners (at least not be the only complaint, or the first complaint.) They can validate that a violation exists one brought to the attention of the board by an official complaint form. There is no other way to substantiate the validity of claims or to have the complaints be heard by the board in an unbiased manner--the board cannot serve as judge/jury and complaintant.

Our property management group is supposed to (in a perfect world) do weekly "walks" of the property to assess for violations as well--focusing on the major construction/nuisance and asthetic concerns. Obviously, a neighbor has no idea whether or not a permit has been obtained for certain projects. Things like parking or items in the backyard are up to the neighbors to report.

I have been asked this same question many times. When a HO wants to know why the neighbors in violation still hasn’t complied?

What is AR?

In my neighborhood, we are dealing with 25% delinquent account on assessment. I didn’t and still don’t know what can or can’t be done to these violators. In New York where I originally grew up as a kid I remember my parents looking in the local paper to see who hasn’t paid their land taxes. My BOD has told me the procedure fir repetitive non payment is liens and foreclosure. I have come to realize this is a long process. I think if the HO was “embarrassed” for non payment of his or her dues by making their neighbors aware that they are and have been delinquent on their assessment. Then they might attempt to pay something. HMMMMMMMM IMO

I have read the responses to the post. Good suggestions although, It’s still unclear to me as to what else can be done or maybe what else should be done.

I would appreciate any suggestions on how my HOA can collect from delinquent HO.

Thank you, as always.
Sorry for such a long post
Chuck W.

My opinion is that it is irresponsible for anyone to publish or publicly speak of violators. To me there is a huge difference between a criminal offense and not paying dues on time. I have seen some associations who have published names of deliquents, but I don't see how that can do any good. I always try to apply the "what would I like to have done" standard. Anytime you publish or talk about violators you risk giving out misinformation and opening yourself up to serious problems. We handle all those with deliquent dues internally by the board. If someone questions a yard and if we are doing anything I will respond that we are either working on it, nothing we can do, was not aware of it. I don't give specifics. I may be off base and wrong in my thinking.

I think that Joe's comment about controlled circumstances should not be overlooked. The owners of the corporation have a right to know the business of the corporation. That includes knowledge about violations and what the HOA is doing to resolve it. There is a difference between making details public, and making them available to the membership.