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JeanH5 (New York)
Posts: 3
Posted:
I am the treasurer of small rural HOA, 15 single family 4 acres homes, large common area waterfront. The board participation seems to come from the same people, others are entirely disengaged and have never volunteered. I’ve been the treasure for 6 years and I resigned at the last meeting, but no one volunteered. I told them I’d keep paying bills until they found someone else, but of course crickets. Actually the treasury responsibilities are pretty easy...it’s the daily complaints of residents over neighbors that’s the problem. People overstepping their bounds, misusing common areas, fencing, drainage issues, drinking, the complaints are endless and pit neighbor against neighbor and the board gets stuck in the middle trying to enforce the Covenants. People threaten lawsuits against each other. 90% of the time we all get along, but the 10% is grueling. No one wants to be on the board of course because no one wants hard feelings. We have talked about hiring a management company but it doesn’t appear that they handle daily gripes, just the bills.
Does anyone have a “complaint” form that is used to document issues? We’re thinking a formal process might help nip some of this in the bid.
Thanks for any ideas.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By JeanH5 on 04/21/2020 7:43 AM
I am the treasurer of small rural HOA, 15 single family 4 acres homes, large common area waterfront. The board participation seems to come from the same people, others are entirely disengaged and have never volunteered. I’ve been the treasure for 6 years and I resigned at the last meeting, but no one volunteered. I told them I’d keep paying bills until they found someone else, but of course crickets. Actually the treasury responsibilities are pretty easy...it’s the daily complaints of residents over neighbors that’s the problem. People overstepping their bounds, misusing common areas, fencing, drainage issues, drinking, the complaints are endless and pit neighbor against neighbor and the board gets stuck in the middle trying to enforce the Covenants. People threaten lawsuits against each other. 90% of the time we all get along, but the 10% is grueling. No one wants to be on the board of course because no one wants hard feelings. We have talked about hiring a management company but it doesn’t appear that they handle daily gripes, just the bills.
Does anyone have a “complaint” form that is used to document issues? We’re thinking a formal process might help nip some of this in the bid.
Thanks for any ideas.

If you offer a 'complaint' form then you have basically put yourself in the middle of neighbor to neighbor disputes. Since this is not something a Board should get involved in I would not offer any form. For complaints that violate rules, follow your governing docs and deal with it appropriately.
AugustinD
Posts: 5,144
Posted:
The net has lots of real-life examples. See for example:

http://www.fernbrook.net/documents/Fernbrook_Homeowners_Association_Complaint_Form.pdf

http://www.beauregardestates.org/forms/BEHOA-Resolution%202012-2%20Complaint%20Procedures.pdf

http://www.woodedglenhoa.org/Wooded_Glen_Section_I_HOA_Complaint_Procedure_v2.pdf

https://www.thelafayettelb.org/forms/complaint-form.pdf

http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/HomeownersAssociation/CICO%20Sample%20Assn%20Complaint%20Form.pdf

Most or all of these require the complainant to cite the rule, covenant, or statute that is being violated. The latter is important. If the complainant cannot cite a rule or covenant that is being violated, then the complaint may not be valid.

The complaint form should also cite the part of the covenants or state law that authorizes people submitting complaints and the board's resolving them.

Having a formal procedure for complaints is key to a HOA's success with residents and, if push comes to shove, in court.
SheliaH (Indiana)
Posts: 6,964
Posted:
If your management company isn't "handling daily gripes," it's probably your contract doesn't PAY THEM to do this. The management company works at the board's direction, so if you want them to do things like CCR enforcement (regular walk-throughs and sending out violation letters), you'll need to talk to them about what that might entail - and how much they'd charge the association. Then you can determine if homeowners are willing to pay for that.

Now regarding complaints - as others have said, STAY OUT OF COMPLAINTS BETWEEN NEIGHBORS! People should be adult enough to talk to each other properly and work out their differences. It would also help if they behaved like the type of neighbors they'd like to have, but that's probably another conversation. In my community, our board doesn't get involved with complaints unless the common area is being misused or abuse, and/or several homeowners have complained against the same person. That would be a good place to start regarding setting a policy.

It's ok to have a formal complaint form, but you really don't need it. You should state what type of information is needed in order for the board to determine if this is something it needs to address. I investigate complaints as part of my job (and that's all I'll say about that), but when I look at something, here's my approach:

Don't just say X does Y all the time - tell me when this started and how often it occurs (a date range is fine, specific dates and times are even better). Give me names if you know them and addresses. Explain what's happened in chronological order and don't jump from topic to topic.

Tell me what YOU'VE done to resolve the problem - it's easier to say "I spoke to so and so" on X date, she promised to behave, but on Y, the same thing happened again. It might not have worked, but at least you tried.
The people who rant and rave, but refuse to do more than that, I have trouble taking them seriously.

Anyone who watches shows like Law and Order knows that witnesses can be vital - if there are other people who saw and heard the incident, get them to make a statement on your behalf. You may need them again if the matter winds up in court, whether you file a lawsuit or the association has to do it. In fact, if you have other documentation - emails, phone messages, photos (time and date stamped, please), make some copies and attach that to your letter

Try to stay calm as you write your complaint. The more some folks write, the angrier they get and then you wind up with a really, really long paragraph that's hard to read.

Finally, I hate anonymous complaints because they usually are long on the drama and short on the details I need or there are no details at all. In my job, there are legitimate reasons why some complaints are confidential (job retaliation), but if a neighbor is really concerned about someone who's several French fries shy of a Happy Meal, he/she may have a situation that's better suited for police. Board members are not cops, so stop asking them to intercede on potential criminal matters. Call the non-emergency number.

I hate

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By SheliaH on 04/21/2020 9:29 AM
STAY OUT OF COMPLAINTS BETWEEN NEIGHBORS!
If one neighbor complains of a covenant violation by another neighbor, generally a board has a legal duty to stop the violation.
SheliaH (Indiana)
Posts: 6,964
Posted:
Covenants can also be enforced by one neighbor against the other. You also know that people can and do make accusations against each other over petty stuff and are capable of twisting CCRs around to make something sound like a violation, but isn't.

Since time and resources (money) will likely be involved, the board has to be prudent in what it gets involved with, so if you want to look into every issue, go ahead and have fun.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By SheliaH on 04/21/2020 9:53 AM
Covenants can also be enforced by one neighbor against the other.
I agree this is true and is important. Also somewhat related: I think the complaint form should state that the HOA encourages starting resolution of any dispute between neighbors with direct, polite communications between the neighbors, without involving the HOA. If this fails, then and only then should the complainant submit the complaint form. I think the complaint form should ask the complainant to indicate what, if any action he or she took to communicate his or her concerns to the neighbor. The point is to try to minimize overwhelming the Board, as SheliaH and others are saying.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JeanH5 on 04/21/2020 7:43 AM
...it’s the daily complaints of residents over neighbors that’s the problem. People overstepping their bounds, misusing common areas, fencing, drainage issues, drinking, the complaints are endless and pit neighbor against neighbor and the board gets stuck in the middle trying to enforce the Covenants. People threaten lawsuits against each other. 90% of the time we all get along, but the 10% is grueling. No one wants to be on the board of course because no one wants hard feelings. We have talked about hiring a management company but it doesn’t appear that they handle daily gripes, just the bills.

It's possible that some or many of those complaints are not HOA issues. If no covenant is violated, it is a neighbor - neighbor issue and the HOA should make that clear to the complainer.
- if "overstepping their bounds" means being on other people's property, not an HOA concern.
- people suing or even threatening to sue each other, that is also not necessarily an HOA concern.
- drinking, unless there is a covenant addressing such is not necessarily an HOA concern.
- Even people breaking laws is not the responsibility of the HOA to deal with, the complainers should contact law enforcement.

Even with an MC, the board is ultimately responsible for the operation of the association, the MC just provides services to assist. They might take the complaints, possibly send violation letters, but if there is a conflict the board will probably need to get involved anyway.

Escaped former treasurer and director of a self managed association.
JeanH5 (New York)
Posts: 3
Posted:
Hi, thanks everyone for your comments. Here's a few examples of the daily "issues" so maybe you'll understand what we're dealing with:
A building lot with a prime view recently sold, and the board was inundated with residents worrying about where the house would be placed so it wouldn't mess up their views. Covenents say the board has to approve placement & style, so the Board worked with the new people who were trying to be gracious, but the bottom line was the placement was determined by the location of the approved septic field, so not much could be done. The board tried soothe things over, but there were lots of bad feelings. Coincidentally some drainage damage to common area occurred after they built and some residents blamed the building and wanted them to pay for repair. ($2K) They refused. The board had drainage experts come out to assess what caused it, they were held blameless, but more hard feelings. "Welcome to the neighborhood. Ha"

Next example, last weekend 2 residents decided to take their ATVs on our nature trails, which were way too muddy for travel. Huge damage. The covenants say if you damage it you have to repair it, which they agree, but now some residents feel no ATVs should be allowed on the trails, and the ATV guys are saying they'll ride them if they want. More drama.

Another example: One family wants to purchase some items for the common areas for everyone to use, like tables, etc. Some residents think they are "overstepping", "whats the matter with the old stuff?", and are afraid they will take over the common area so they complain to the board. Again hard feelings "If I'm buying the stuff, why are people complaining?"
So these are just a few of the daily dramas we face, and as a Board we don't know how to tone down the drama, while still fulfilling our duty. That's why we were thinking about a complaint form, but I don't know if it would help. Thanks.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jean

You seem to pay attention to complaints even after the BOD has made a ruling. Put on your big girl pants and stop worrying every time someone complains.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So this sounds like a typical HOA. Am I missing something here? Sounds like the people in charge are just ill equipped at problem solving...

Former HOA President
JeanH5 (New York)
Posts: 3
Posted:
Thanks, evidently I’m just ill equipped to handle a bunch of PITA neighbors, even though my career was in management. So please replace me. Please.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your NOT the only one involved. There is a board of others. So as a group it is possible that it is ill equip to manage...

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
Yes, we have a complaint form. It's short and sweet: complainant name & address, violator name & address, and describe the complaint. It also asks for any actions taken to resolve the situation.

I think having a procedure and/or form is helpful. It's easy to pick up the phone and complain but people think twice if they have to make a formal complaint. As you said, it also gives you documentaion.
KerryL1 (California)
Posts: 14,550
Posted:
Ours is similar to Ben's and is called a Rule Violation Form.

We accept no anonymous complaints. and all alleged violation must be corroborated by management or our 24/7 security officers who write their own reports. If an HOA has neither, then I think a board member should corroborate the violation. Photos are perfect for some.

For most violation a "courtesy letter is sent by our PM asking them to stop with the late night party noise of their balcony or clean up their balcony of, say, bicycles which are forbidden (high rise condos).

If the courtesy letter doesn't get results, the alleged violator is called to hearing and subject to being fined form our Schedule of Fines.

Thank about< jean, making a rule against any donations to the common areas of any type including furniture or plant materials. Tastes vary tremendously and the board is responsible for the common areas and should choose these items.

Do your governing documents permit ATVs or similar items on your on common area trails? Or horses?

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