Violations With No names Signed

Started by KeithM4 • 6 replies • 1632 views

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KeithM4 (Arizona)
Posts: 1

Posted:

Live in Arizona and just received a violation with no signatures. It is stamped with a Board stamp and that does not seem right. Looked at Arizona law and my belief is they are hiding behind the Board. Am I not allowed to know my accuser? Is there a requirement for individuals who give me a violation to identify themselves?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Keith,

Typically when an Association receives a complaint of an alleged violation, the Association investigates. If the issue is still there (wrong paint color, unapproved change, etc.), vs. one that wouldn't still be there (failure to pick up after your pet, excessive noise, etc.), then the Association would be the accuser.

The Association is considered to be the Board of Directors. Those neighbors you and your neighbors elected to handle the affairs of the Association.

I liken this to the police receiving a complaint about a neighbor. The police will investigate and, if the see something - take appropriate action. The initial complainant may never even be called to court, as it's the police who witnessed the issue.

Now, if you decide to let the issue go through the courts (which, in my opinion, would be silly if you are in violation) then it's possible that during discovery, you may find out who the initial complainant was. However, if your in violation and know that you are in violation, why you would want to pay court costs, attorney fees, etc. to find this out would be an extreme.

Easiest thing to do is simply bring any violation into compliance along with reading and understanding the Association governing documents so you know what you need to comply with.

I know it's likely not something you wanted to hear.
However, I hope it helps.

Tim

KerryL1 (California)
Posts: 14,550

Posted:

Tim is exactly right, Keith. If you're in violation FIX it!! It doesn't matter to all of your neighbors (the Association) that you don't know WHO busted you.

KerryL1 (California)
Posts: 14,550

Posted:

PS, It seems to me that whoever sent you the violation with a Board stamp saw you violation, i..d, confirmed it. So it dons not matter who originally complained. All that matter is: does your situation break your HOA's rules or covenants

PitA
Posts: 311

Posted:

EXACTLY CORRECT

both Tim and Larry

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In our HOA a complaint does not have to be signed. When we receive one, a member of the BOD will "investigate" it and if found to exist, then our MC will be notified and a Letter of Complaint will be sent.

ND (PA)
Posts: 792

Posted:

Keith,

The "individuals" giving you the violation (or rather giving you notice of the violation of HOA rules/regs/docs) is your HOA Board of Directors. Seems like a "Board stamp" is more than appropriate.

If another homeowner went to the Board and brought your supposed violation to their attention, IMO there is still no reason for you to immediately know who is your accuser. As Tim pointed out, if your violation is visible/verifiable to the HOA Board, then they will forever be the named accuser. If; however, the violation is not visible/verifiable, then the actual accuser may need to defend their claims during a hearing (at which point, you may come to know who it is).

If the Board is operating appropriately/correctly, they will first verify your violation and then the violation notice will follow.

Within the violation you received, there should be procedures to appeal if you feel there is no violation.

If you are in violation, then simply fix it and there will be no issues.

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