Complaints and Confidentiality?

I'm looking for thoughts, opinions, & experience on this topic. I’m a BOD Member currently having a difference of opinion with our Management Co on this topic. Instead of inserting my thoughts and opinions, I'll relay the situation with a simplified example and some follow-up questions that will hopefully substantiate (or not) my position.

1) Owner "A" submits a complaint to the BOD about Owner "B" (via the established complaint process).
2) BOD investigates the complaint and determines that "B" is in violation of the HOA docs.
3) BOD informs "B" of the violation (as well as the dispute and resolution process).
4) A number of different paths can evolve from here . . .

Now my questions:

A) At any point in time during or after this process, is the BOD or Management Co obligated to tell "B" that it was "A" who submitted the complaint?
B) Does the answer to the previous question change if "B" asks/demands that the BOD or Management Co tell them who complained?
C) To what extent (if any) should confidentiality be maintained through this process?
D) What are the reasons for or against maintaining confidentiality?

As I mentioned, I have my own stance on this topic and these questions, but the Management Co is strangely almost exactly opposed in their stance. So I'm looking for unbiased input to this topic. Thanks in advance.

Thanks Carol. I didn't mention, but I did begin with a forum search . . . only came up with one topic that was nearly identical to mine: http://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/86354/view/topic/Default.aspx

However, discussion and opinions within this topic didn't go too far in either direction.

There are numerous other topics in regard to confidentiality as it pertains to other matters (delinquencies, owner information, etc.), but my searches/questions so far are limited to dealing with complaints of suspected violations and confidentiality of the complainant.

Was just hoping for some more opinions on the matter. Thanks again.

What has the BOD instructed their agent (mgmt. co.) to do?

Step up, discuss, decide, instruct agent, move on .....................

ps. all 'obligations' will be spelled out in the contractual documents including the CCRs and the mgmt. co. contract - you have merely hired someone to do the BOD's work

JohnB26,
As this HOA and BOD is relatively new, the topic only recently surfaced and this divided stance has become apparent. So for now, the BOD has instructed the Management Company to do nothing in regard to this topic until we decide how we want things handled (at a Board meeting in about a week). Right now, I'm conducting research so that the BOD can make an informed decision on the matter . . . part of the research is soliciting info, thoughts, lessons-learned from people on this forum who may have already made this same decision. Thanks.

We have a complaint resolution policy:

1. If a homeowner complains that another homeowner is violating the rules, CCRs, etc. and A) If the complain cannot be independently verified (as, for example, I saw so and so walking his dog and he didn't pick up his dog's doo-doo) then we ask if the complaining homeowner is willing to attend a hearing and testify to that. If yes, we will send a notice of the complaint and hold the hearing. If no, then we do not pursue the matter. B) If the complaint can be independently verified (another homeowner is building a chicken coop in his yard) then the property manager and at least one board member will visit the location and photograph the violation, if possible. We then send a notice of violation and present the evidence gathered at the hearing.

2. If the complaint is of a non-violating nature (such as a "he says she says complaint"), then the property manager simply calls the homeowner and informs him/her of the complaint and asks if he/she wishes to respond. Any additional action will depend on the nature of the response.

Tim I really respect your opinion but why would you not encourage neighbor to neighbor resolution. I am a firm believer that neighbors should discuss the issues between each other first before HOA board involvement. I would much prefer the direct approach.

OK, I see but will you be more specific as to what you mean by violations? Do you mean CC&R violations? My HOA is notorious for a neighbor to complain to the board about someone then at least 2 board members come a knockin. Our CC&R's have expired so nothing they can do about it anyway if the complaint is about a restriction in the covenants.

I've been reading reference materials that I just received online for our next Board meeting. One violation is liquid off a balcony that slopped onto some balconies below. A resident complained, a security officer stood outside & identified the unit that was in violation. He also went to that unit and told them to stop the water. There is no need for the resident who complained to be identified as the officer verified the violation.

Another Incident Report involved a midnight call to security complaining about loud music in the unit above. The officer went to the unit's door and heard nothing. He checked some other units. Nothing. He stood on the ground below this 5th floor unit and heard nothing. He phoned the unit and the resident answered saying he had his TV on, but no music. The officer wrote he could hear the TV, but it wasn't loud music. No one will get a "courtesy" letter to comply and the complainer will not need to be identified. No action will be taken. And, it's true, the woman below does dislike the neighbor above her.

But I've taken the neighbor-to-neighbor approach and it's worked out very well even though I've had to get up, get dressed, go to units above me and locate the source of 2AM hammering. Now if the same racket happened in the other tower 100 feet away, where I'd need to ride some elevators, go outside, etc., I'd call security to figure it out.

Complaints in writing are really useful for certain violations, e.g., bicycles stored on balconies or sheds being constructed without approval. But for noise complaints and water (or worse!) off balconies, someone needs to be informed while the infraction is occurring. Here, that means a phone call.

Some of our rules are in our CC&Rs, and others are in our Rules & Regulations.

We always investigate any complaint. What I'm saying is we have a policy that the complaints be in writing and this helps limit all but the serious complaints. However, our Association will investigate any and all complaints that they receive.

If someone calls one in we ask that they send the complaint in writing (we tell the complainer that the reason that we want to make sure the issue is documented) but we don't wait for the written complaint before we investigate.

Our approach is a blend of some of the information you've already heard. First, we don't take anonymous complaints - if a homeowner is concerned about retaliation and it's a safety issue, he or she can report the problem to one of our security officers, who will talk to the subject of the complaint. They don't tell the subject who made the complaint. For disputes between neighbors, we don't get involved unless abuse/misuse of the common area is involved. If a board member or property manager can verify the problem exists, we don't disclose the complainant and send a CCR violation notice.

Last fall, we published a newsletter article about all of this and told homeowners we don't take anonymous complaints because

1) most of the time, the complaints don't contain enough details we can use to investigate the problem
2) we don't know if someone's just being vindictive or petty and don't want to get into a tit for tat conflict
3) if the situation escalates to where legal action is necessary, we'll need the complainant to testify as to what he/she saw to help prove our case.

Thank you all for the various pieces of advice. This will most certainly help my Board establish a well thought-out policy that should address virtually all potential situations.