HOA Interfaces with Owner Issues.

There has been a pretty well documented set of noise complaints against a newer renter in our building. Documented daily for almost 3 months. Initially the owner approached the HOA for assistance on this, a meeting letter was sent to the owner of the rental unit. THe owner to owner attempted to solve this independently and asked the meeting be cancelled. THis was ALWAYS an owner to owner issue while there is another unit who complains to anyone who will listen they will not put a complaint in writing or email, for fear of upsetting anyone. This is a huge issues.

A few weeks later the owner emailed our management saying the owner of the noisy unit is now talking legal action for harassement of thier tenants. Despite having recordings, documentation etc, the owner will not take accountability and blames the owner who is complaining with multiple other attempts to distract attention to the the matter at hand. The manager suggested having another hearing and proceeded to tell the owner who complained bring your evidence and we will hear your on such and such date.

The meeting came and gone. I did not attend due to a personal matter. HOwever, I do know the owner with the rental once again would not take accountability for any noise issues, claims they are being harassed and threatened an attorney several times during this hearing. The Complainer brought her documented notes on noise issues, and briefly went over them. The renter owner brought the complaining other owner who said nothing, looked like he was under the influence of something and had NOTHING to add to the meeting. ( that was an odd call to be a witness by the renter owner,)

2 weeks later, the board sends out a letter to each owner, I had no input on them. The letter was once again mentioning " This is and owner to owner issue" and "here are some suggestions to stop your issues" all suggestions have been tried by both parties. I am the bad person for asking why was this even done? THe owners were stressed, asked to come to a late night meeting, bring evidence and the board took no action and sent out some bizarre letter with suggestions that make no sense. I feel it was not a appropriate use of the boards time, the owners time or the little wasted owner who came and brought nothing to help or not LOL.

Asking this... This has always been an owner to owner issue. The boards intervention was bizarre, and I am looked at badly when I asked why did you do this?? I do not think this is the way or the purpose of a hearing process.. Suggestions for if and when this ever comes to our table again> Meanwhile noisy renters are left to freely do what they have been doing. Can we as a board be held responsible if the owner takes this to court as s civil matter for disturbance? The board has done nothing...

Say, Nicole, didn't you write about this not along ago? And weren't you one of the neighbors who complained about the noise? And hadn't you "missed" a different meeting about this for "personal" reasons?

You're still on the board, right?

Didn't we ask you previously if you had a clause in your CC&Rs about every resident's right to peaceful enjoyment of their premises? I don't recall if you answered. But if you do, yes, you as a director are responsible for failure to "enforce" your governing documents.

And if you do have such a clause, and there are recordings of the renter's noise, why didn't your Board fine the non-compliant Owner? And keep fining them until their renters' noise stops?

Or doesn't your board have a fine schedule?

You're a multi-story building, right? So am I, and we do not call this an "owner-to-owner issue" if there are witnesses and evidence. We levy fines.

Exactly what crime did the tenant commit?

COmpletely different issues... And yes similar. I am sure this is a confusing. But thanks for keeping tabs on all my posts.

No s**t, Sherlock.

That is why I wrote, "your best bet will be to direct the complaining resident to file a police report."

Which part of "complaining resident" do you not understand? Nowhere did I suggest that the OP was in a position to file a police report, although I am unaware of any law that would prohibit doing so; the complaining owner would still need to be the one to testify if the case went to trial.

BTW, filing a police report may immunize the complaining owner from a lawsuit. Courts have held that filing a police report is the first step in the judicial process and statements made in furtherance of that process, including statements under oath, are immune from civil lawsuits.

If what you're saying is true, why would complainer be immune but not person complained against?
And what would complainer be immune from - maybe a defamation claim, but if true that should apply to both - anything else?
Can you provide a source?

Ledvina v. Cerasani. See the full text at http://caselaw.findlaw.com/az-court-of-appeals/1218993.html

The court summarized the case:
"In this case, we are asked to decide whether a person who reports an alleged crime to police is subject to being sued for making the report.   Appellants Martial and Patricia Ledvina have appealed from the trial court's entry of summary judgment in favor of appellees Anthony and Margaret Cerasani in the Ledvinas' defamation action arising from such a report that Mr. Cerasani made to law enforcement authorities.   Because we conclude the trial court correctly determined the report was absolutely privileged, we affirm."

Thanks Larry
As I thought, the rule only applies in defamation cases.

If A complains to police that B committed a criminal act, B cannot use the contents of the police report to sue A for defamation.

People should also realize that the immunity only applies to the police complaint itself. If A told neighbor C about it, then B could possibly sue A for defamation. No immunity.