Investigating/vetting neighbor complaints

Hi there,

What should mgmt do when a complaint is filed? Should there be any form of investigation to verify the complaint?

We have a resident who is making written complaints (about our family) and has rallied another neighbor to complain as well.

Management sees this as 2 separate complaints and therefore determined the complaints to be true/valid.

However, the complaints are not true. They were not investigated.

Isn't there some sort of process that should be followed? Should we be allowed to see the actual dates/times of the complains so we can defend ourselves?

This seems very irresponsible of mgmt.

Thank you.

To add to what Tim said, and yes to reinforce your perception, nationwide the case law for HOA penalties holds that, when the stakes are high, a HOA has to use due process: Have a system of penalties consistent with the governing documents and applied consistently to all; provide notice before imposing a penalty; investigate; perform a hearing, and offer some kind of appeal procedure post-hearing.

More on due process at California HOAs appears at http://www.davis-stirling.com/MainIndex/DueProcessDefined/tabid/730/Default.aspx

Thank you Kerry!

I am an owner. I have reviewed the rules that have been distributed to owners and there is nothing specific about the complaint process.

There are no recordings or photos... and nothing witnessed by staff or managers.

The complaints, from what I was told, have been written and phoned in. But since they won't allow us to review them, we have no official opportunity to respond. I do know that the complaints are extremely exaggerated.

For instance, when my kids come home, they swap the cars in the carports. It takes all of 30 seconds. The complaint is lodged that my kids came home, revving their cars, radio blaring, slamming doors and talking loudly and disturbing the neighbors. Nothing could be further from the truth. I am up. I hear nothing. These are the types of things being brought to the managers office. I only know of this particular instance because the file clerk told me.

I reached out to the manger to ask what can be done, and he responds that "once a complaint is in the books, it's in there for good". What does that even mean?

I realize I may have stumbled into the wrong forum, but I was at a loss and wasn't sure where to look for documentation or information. So thank you for the help.

Barb,

Keep in mind that noise complaints, unfortunately, are subjective on those who are hearing the noise. What may be disturbing to someone else may be a common activity for you.

I know that I often hear the bass of car radios when in my home. However, when I walk outside, the radio itself isn't up that loud, but the bass is loud enough and low frequency enough to penetrate most walls and windows.

My suggestion, ask your children to simply turn the radios on after they leave the development and off when they drive into the development. It may go a long way to ease this issue.