SheilaW5 (Maryland)
Posts: 3
Posts: 3
Posted:
A written complaint with half of the communities signatures was presented at a recent HOA meeting in regard to a renter. Does the HOA have to identify the originator of the complaint to the renter?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Disclosure of Complaint
Started by SheilaW5 • 5 replies • 781 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Renters are not members of the association, and generally the association is probably best off not dealing with them directly. I would also think that they have no right to any documents from the association.
The owner of the property is a member. Whether the owner has the right to see the original complaint depends on your governing documents and state law. In Florida, for example, statutes provide that all records except for very limited exclusions must be made available for inspection by members. Your CCRs, Bylaws, etc. might also have some requirements.
The owner of the property is a member. Whether the owner has the right to see the original complaint depends on your governing documents and state law. In Florida, for example, statutes provide that all records except for very limited exclusions must be made available for inspection by members. Your CCRs, Bylaws, etc. might also have some requirements.
Escaped former treasurer and director of a self managed association.
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By SheilaW5 on 04/03/2018 10:45 AM
A written complaint with half of the communities signatures was presented at a recent HOA meeting in regard to a renter. Does the HOA have to identify the originator of the complaint to the renter?
A written complaint with half of the communities signatures was presented at a recent HOA meeting in regard to a renter. Does the HOA have to identify the originator of the complaint to the renter?
The courts expect HOA violation procedures to reflect basic "due process." I understand this includes letting the accused know who the accuser is. Like I think Douglas is implying, I would have the HOA investigate the complaint and as needed, submit the complaint to the owner of the unit.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By DouglasK1 on 04/03/2018 11:25 AM
Renters are not members of the association, and generally the association is probably best off not dealing with them directly. I would also think that they have no right to any documents from the association.
Renters are not members of the association, and generally the association is probably best off not dealing with them directly. I would also think that they have no right to any documents from the association.
A renter in a Florida condo has a right to inspect and copy the bylaws and rules according to FS 718.111 (12)(c)1. I think that provision was added last year. Does not apply to renters in HOAs.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By GenoS on 04/03/2018 2:11 PM
Posted By DouglasK1 on 04/03/2018 11:25 AM
Renters are not members of the association, and generally the association is probably best off not dealing with them directly. I would also think that they have no right to any documents from the association.
Renters are not members of the association, and generally the association is probably best off not dealing with them directly. I would also think that they have no right to any documents from the association.
A renter in a Florida condo has a right to inspect and copy the bylaws and rules according to FS 718.111 (12)(c)1. I think that provision was added last year. Does not apply to renters in HOAs.
That's a good clarification, I don't follow 718 very closely. It still appears that the renters don't have access to things like complaints.
Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
If half the neighbors are complaining, it may not matter much as to who started it. Best to address the complaint with the OWNER, since he/she is ultimately responsible for the behavior of the tenant.
Follow your investigation protocols and talk to the owner, insisting he/she address this immediately. If the board is ignored, document it and go on to the next step, whatever that is. You'll find out soon enough if this complaint is legit or if the original complainant is exaggerating some things and lying about everything else. As for his/her identity, I suspect you'll figure that out soon enough because the tenant will likely let that be known anyway.
Follow your investigation protocols and talk to the owner, insisting he/she address this immediately. If the board is ignored, document it and go on to the next step, whatever that is. You'll find out soon enough if this complaint is legit or if the original complainant is exaggerating some things and lying about everything else. As for his/her identity, I suspect you'll figure that out soon enough because the tenant will likely let that be known anyway.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here