Public Records

Just to be clear, association records are not public records. By Florida statute, members of an association have a broad ability to inspect and copy association records with a few well defined exceptions. Those rights are defined in FS 718 (condos) or FS 720 (HOAs). For example, FS 720 (available at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html), section 303.5 define what access must be made available for the association "Official Records". It would seem to me that violation submissions would be official records, and they do not appear to be excluded.

I cannot comment on how you HOA operates but many, mine included, operate as follows:

When the BOD receives a violation complaint a member of the BOD will investigate the complaint. If verified, the BOD President files the complainer of record. If not found viable, we ignore the complaint.

We also decide if the complaint is an HOA issue or a neighbor to neighbor complaint. Her dog messed on my lawn is neighbor to neighbor. Dog off leash is one that should be handled by the authorities. In both examples we tell the complainer such.

Thanks for all the responses everyone, as always you've taught me something.

I believe "Official records" is what I am looking for and I'm awaiting the management company's verification of their accessability by the members.

In our HOA we submit violations through a website and if it is submitted with a picture it is considered valid. If not, a committee is supposed to validate on premise.

This comes up because we have a board member who is harassing his next door neighbor with NUMEROUS complaints while other neighbors are getting none from him. So the target neighbor is wanting to sue for harassment but needs proof of the violations.

Sheila, it's not me. If it were I would have asked the question(s) in that context. I do appreciate your input though!

I'm very curious to see how this turns out. My understanding is that it's supposed to be confidential if I turn in a violation, so that I do not face retaliation. Also, that my history of personal violations is supposed to be confidential to anyone but BOD.

I'm also curious how this can be harassment. Using myself as an example again, if I turn Mary in everytime she leaves trash out or has a barking dog or any of the other numerous things I could send in a violation report for, but do not do so whenever other neighbors do the same, maybe that is rude and selective of me, but as a member, not a BOD member, it doesn't matter if I am selective, and unless I am in her face about them, that is not harassment.

As a BOD member, if he were selectively *enforcing* violations, that would be a problem, but it seems he is turning them in like any other member and they are handled the same as if any other member turned them in.

If he is in her face, that is entirely separate from reporting through the website all day and those reports are not needed for her case.

'Related to the Operation of the Association'. How are violations related to the operation?

Most would argue one of the primary functions of an HOA to to enforce its CC&Rs which entails tracking and notifying members when they're guilty of a violation. There has to be some written record of violations, and that record would be part of the HOA's "written records". Tracking violations does not require tracking who alerted the HOA to the violation...so an HOA might get away with not making that part of the record, thereby maintaining anonymity for reporters.

i.e. Member1 reports to the board or management company "Member2 is building a chain link fence in their front yard. They can't do that, can they?" The PM drives by member2's house, sees the fence in violation of CC&Rs and opens a new violation for member2. It's not necessary to say why the violation was noticed other than the PM noticed it on an inspection at such and such date and time.

You do understand if someone sues they can seupena records ... right??? In which case your HOA records from the website server will need to be produced from the HOA.

I kid you not!

This, to me, is where violations being included is open to interpretation. If you look at the paragraphs before what Geno quoted there is a lot of talk about financial documents, the budget, insurance policies, etc:

(4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) All other written records of the association not specifically included in the foregoing which are related to the operation of the association.

So as Geno said, violations would fall under (l) since they aren't specifically mentioned above. But then again I think it could be argued otherwise. That's why I'm looking for clarification or a precedent.

What he wants is the record of the board member *submitting the violations*. It seems he is after arguing selective enforcement.

I don't see the basis of a suit from what is written. Harassment for turning in true violations? selective enforcement is a defense, not an offensive.

The people asking about the records feel the are being targeted and want to see if the surrounding houses are being written the same type and number of violations by the same person.

Someone asked why they are asking me and not the HOA themselves, they know me and wanted to ask me before going to the HOA. There have been other developments concerning this board member and I've asked them to hold off until things work themselves out. This particular board member acts with impropriety and so this situation with his neighbor is just the tip of the iceberg with him.

And then you have to prove that the board knows about it too. Not just you. (as a hypothetical), which is pretty hard to do unless hypothetical you documents the violations, turns them in, and then proves nothing was done about them, only yours.

The way to stop being "harassed" is to stop breaking the rules. T hen the neighbor won't be able to turn him in. Now if you were being turned in and called to meetings and you were not breaking any rules and the HOA routinely sided with you thennnnn you might be able to prove harassment. But in fact these people were being fined for breaking rules, it's an uphill slippery slope.

In our condo high rise, I'm on the board too, Cathy, we give him a couple of weeks to get settled and then we'd start sending friendly courtesy letters asking him to stop the behavior or cure the violation(s). We'd start out gently and suggest he review the Rules & Regs & certain section of our CC&Rs. We'd send an individual letter for each violation. If he doesn't cure them, we'd start inviting him to hearings following due process statutes in CA.