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WilliamR14 (Alaska)
Posts: 1
Posted:
I am a board member of a small HOA (24 condos). Two neighbors (#1 and #2) have been feuding for over a year on minor issues. One of the neighbors, #1, quite regularly emails the board asking us to intervene in this dispute, which we do not. Generally we have sent out a generic email to all residents asking them not to smoke on their balconies, be conscious of where they park when unlocking their car with the alarm fob etc...to protect neighbor #1's identity (anything that is neighbor #1's complaint that week, none of which are in violation of the rules specifically). We recently sent neighbor #2 a certified letter asking them to please keep any music down to a reasonable level and not to make noise after 10pm as well as relocating their car away from bedroom windows and that other neighbors have complained . We usually try not to fine anyone on first documented offenses. Neighbor #1 is attempting to file a harassment restraining order on neighbor #2 and wants a copy of the certified letter. I feel this is confidential and should not be shared. All other complaints and our responses should be in neighbor #1's email inbox. My response is going to be that the confidential letter will only be supplied at a judge's request. Are we required to provide copies of all these emails?

Thank you.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would say until you see a subpoena. Neighbor 1 is just trying to gather evidence to get the order or charges against #2. So I would still stay out of it as much as possible till the court comes in.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
First off, paragraphs are your friend – please use them next time because this was hard to read.

As for your question, how, pray, did neighbor#1 find out about the certified letter? Maybe he/she should go to whoever told him/her about it and get a copy that way. Until then, you’re on the right track in denying the letter.

You should also tell these two that unless the Board gets several complaints from other people regarding one or the other or the issue involves use/misuse of the common areas, neighbors are expected to work things out with each other. Otherwise, from this point on, the board will not respond to these letters.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
First off, since you are now involved; do you have any documented evidence, i.e. video time and date stamped with neighbor #2 violating ANY CC&R? Get your ducks in a row, neighbor #2 can come back and sue you and #1 for harassment. Yes, it sounds like #1 is harassing #2.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Are we required to provide copies of all these emails?


Required? Yes. But probably wont ever need to do it. Real life court is not like the movies.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By WilliamR14 on 10/04/2019 2:51 PM
My response is going to be that the confidential letter will only be supplied at a judge's request. Are we required to provide copies of all these emails?

Suggested notice:

"The Board treats all correspondence to any unit owner as confidential. Your request for a copy of correspondence with another homeowner is denied."

I wouldn't even mention a judge or a court. If he chooses to pursue a claim in the court, he can find out for himself what hurdles he will have to overcome in an attempt to get your records.

Sikubali jukumu. Read all posts at your own risk.

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