Get 6 months of free community web site hosting from Community123.com!
Friday, November 28, 2014
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Complaint Form
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DougS7
(Illinois)

Posts:7


01/24/2010 7:15 PM  
If someone has a complaint about another tenant does anyone have a complaint form or a sample complaint form they have the tenant complete?

We have tenants who are making complaints about other tenants and I feel we should have a form that a tenant owner has to complete. Do most assocaitions keep these forms private?

For example we have one unit owner who is blasting the radio, the management company said to call the police but the people don't want to call the police nor do they want to file a complaint. But yet the management company should make a call to the unit owner. I feel they shouldn't becasue they have nothing in writing its all verbal.

Any help or suggestions is appreciated.
HB
(Oregon)

Posts:143


01/24/2010 10:46 PM  
We do not require anything in writing. If a homeowner calls the management company to complain about a violation or nuisance we have a procedure to follow:

1) a Courtesy Notice is sent to the homeowner requesting the violation or nuisance stop.
2) If we get multiple complaints a Compliance Notice is then sent.
2) If it is a violation there is a date with which it must be corrected to avoid being fined.
If it is a nuisance (such as noise) they will be fined if it occurs again.
3) The homeowner is always welcome to request a hearing with the Board, but we have never had this happen.

If it is a noise complaint, the management company SHOULD follow up. We consider that a nuisance and follow our violation procedure.

If you had a form that you require, I would certainly keep the names private.
RickW
(Illinois)

Posts:169


01/25/2010 5:46 AM  
We also do not require anything in writing and follow the procedure outlined by HB. We do however, have a form available if anyone asks to have a complaint put into writing.

Attachment: 112546748271.pdf

MicheleD
(Kentucky)

Posts:4491


01/25/2010 7:06 AM  
The one step I would say that we incorporate is that we assign a board member to verify the complaint.

We do not require a compliant be signed, or even written. We will accept anonymous complaints. However, if we cannot confirm or validate the complaint, we do not issue a notice.

Yes, that means sometimes we have to ask a board member to be available in the "wee hours" should a resident be complaining about late-night nuisance noises.

TimB4
(Virginia)

Posts:9489


01/25/2010 6:40 PM  
Doug,

We actually made a "due process" policy resolution that addresses this:

If a member is complaining of a possible infraction/violation of the CC&Rs/Guidelines we require the complaint to be in writing.

Our Architectural Committee is responsible to investigate the complaint and respond in writing back to the member the results of the investigation (was or was not a violation). The committee is then free to act upon the violation as needed without any further notification to the original complainer.

The written complaint, if valid, along with the committees action is filed with the lot who is in violation. The identity of the original complainer is kept secret unless enforcement procedures escalates to a hearing or if the individual wishes to review their file (both rarely happen).



If the person complaining doesn't want to put the issue in writing, the Association does not investigate the complaint. If the issue is not a violation of the covenants but a dispute between two neighbors, the Association doesn't become involved unless more than one complaint form different lots are received.

Hope this helps,

Tim
TimB4
(Virginia)

Posts:9489


01/25/2010 6:42 PM  
Doug,

Forgot to say that we do not have an actual complaint form, as we encourage neighbors to talk to neighbors before contacting the Association. We believe an actual form discourages neighbors from talking to each other since they may think:

"Of course the Association will handle it, look they even have a form to use"


Tim
DavidW5
(Virginia)

Posts:522


01/26/2010 8:19 AM  
Tim,

Section 55-530(E)of the Virginia Code provides that every association shall be required to establish reasonable procedures for the resolution of written complaints from members of the association.

In response, our board issued a policy resolution outlining the form that is to be used and the process for submitting written complaints. In addition, the form contains the following information:

"Please note, the Office of the Common Interest Community Ombudsman ("Office") is a governmental body, which may assist you in using the complaint procedures set forth in the Association's governing documents, as well as the Virginia Property Owners' Association Act. In accordance with the Common Interest Community Board's ("CIC Board") rules and procedures and VA Code 55-530, you may give notice to the CIC Board of any final adverse decision that the Association may make regarding your complaint."
FranD
(Georgia)

Posts:102


02/16/2010 6:56 AM  
If you live where there is a covenant, there is usually a nuisance clause that you can refer to. Call your management company to send a letter that states the problem and they have so much time to abide by it so you have it in writing and ask for a copy for your own files. There isn't any form that I know of, it just gets taken care of by the management company. There is usually a request to the management company to send out a letter so they know what is going on. This does not have to be confidential because it does not fall under any privacy act...
HelenK1
(Washington)

Posts:68


02/16/2010 9:32 AM  
" The people don't want to call the police or file a complaint" First I think there lies a lot of the expense of associations. People wanting to hide behind someone else instead of working things out with their neighbors which leads to an already overworked board with more to do or a property manager to pay to do it. And then they complain the dues are too high. Personally, and this is just personally because I do not have the time for this nonsense, I would tell them if they can't spend the energy to call the police or even put their complaint in writing, then they will just have to tolerate it. I had a situation where a homeowner called me on New Years Day when I was leaving to go to work to complain about a tenant that had recently moved in 3wks prior that was making too much noise at night. I told him that was a rental and since the owner of the unit was out of state he hired a property manager for his unit I told him to put his complaints in writing and I would pass them on to the property manager. he said that would take too long and he wanted it taken care of now I told him I was on my way to work and would not be there that evening but he was certainly free to call the police it they made noise that night. I haven't heard from him since. I had another unit email to complain that someone was throwing cigarrette butts onto her patio.She wasn't sure who it was (we have 3 floors and she is on the bottom) and she would take care of it herself but she did not want them to retaliate against her animals. She wanted us to just pretend that we happened to walk by and noticed the cigarrette butts. And then do something about it Really? First of all she has so much of her junk that clearly belongs in storage or the dumpster it would be hard to pretend the only issue we noticed was the cigarrette butts. Second if anyone did just happenned to walk by, since the butts are on her patio, wouldn't the first logical assumption be that they are from her unit. So we ask her if they are hers she says no, we ask the upstairs neighbors they say no, where are we supposed to go from there. Third the do you seriously think someone would harm her animals if she politely asked them to not throw ciggarrette butts onto her patio. No what she really means is I don't want them to know I'm complaining because I don't want them to complain about my little yappy dogs that sit out there and bark for hours. We did not even respond to that email. I realize this post is more venting than actual advice. And I am probably not displaying the actions of a "good board member", but I am already overworked and I have to prioritize. I don't have time for this nonsense
Please login to post a reply (click Member Login on the menu).



General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement