homeowner wants to review all ARC violation letters

I have a homeowner who wants to review all the ARC's violation letters to see if we are enforcing the rules consistently. My question is, should I let them review the letters, it seems to me as if I would be violating the other home owners rights to privacy. Is that assumption correct?
How should I respond to this?

Terry, most HOA's have "flowdowns" from requirements of state/local "open meeting" laws that stipulate that meetings are open to membership. Also most HOA's governing doc's authorize the examination of records of the HOA by membership. Either by HOA minutes or Committee minutes, as required in most case above - the requesting member can review the enforcement practices of the HOA/ARC. If you are using an "MC" there should be a ARC report sent to the Committee, and Board each month. I would allow the member to review, but would not make any copies.

TerryV1 most states require you to provide copies for a nomimal cost. $.20 a page seems reasonable and could become quite costly.

I have a feeling there is an issue much deeper than reviewing these records. Was this owner hit up with a violation? My bet is on an owner who's upset about a violation they were issued. They want proof to prove that they were "singled out" or their violation was approved in the past. All of which leads up to a possible "lawsuit".

Don't panic quite yet. Yes, it's true that the ACC/ARC should enforce the CC&R's violations uniformily. However, that's nearly impossible. You have constantly changing members and possible rule changes all the time. Plus many archectual items are "subjective". Hence why they need approval and discussed first.

If there is a threatened lawsuit, let the person follow through with it. It's going to be more expensive on their end. The HOA can always attach a countersuit to the lawsuit if need be. Plus, threats of lawsuits are mostly "Hot air". It's just to get attention and what they define as "action". I don't advice "blowing it off". I do suggest finding ways of compromise until there is no other option than court/mediation.

Keep in mind that there has to be "real" damages before a lawsuit can be won. It can be pursued but maybe not won. A rule violation doesn't necessarly mean "damages" has occured. It's usually means money had to be spent on the violation in some shape, form, or fashion.

I would let the owner review the records since it is their right. Most likely, you will get notice what the true issue is in a few days after the review. I wouldn't be surprised if it was written by an attorney. The board may want to review the letter and decide how to address it. This letter may be discussed openly at the open meeting since it does involve ALL the homeowner's. Any action that has to be taken effects all the members. The board still is responsible for hiring the attorney, but the owner's should be informed that money out of the budget is being used to do so. The owner's may not like this too much but it's protecting them. So watch out for personal retailiation against the "disenchanted" owner. They may be right but doesn't mean others like it when they are.

Harold, it says this:

(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not impose a requirement that a parcel owner demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner's right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association may charge up to 50 cents per page for copies made on the association's photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor and may charge the actual cost of copying. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to members or parcel owners:

So you can limit them to a single 8 hour period every month.