does anyone have a formalized complaint process?

I am on the HOA board of our 50 lot subdivision and the board seems to get a lot of petty complaints where the person complaining (based on their complaints) likely isn't even looking at what the CCR's say. For example, we had someone complain to the board about people leaving their plastic garbage bins along the side of their garage, and while this might be a little unsightly, it's not against any of the CCR's.

My question is if anyone here has defined a process for how to bring a complaint to the HOA board? My thought is that we would define this in the bylaws and have a process that starts with the person doing the complaining required to politely try to address the issue with the potential offender before they bring it to the board. Then, before they bring the complaint to the board, they have to formally submit the complaint in writing and cite which CCR's is being violated and provide evidence. I'm not sure if there is a law stating that the board needs to keep these complainers identity confidential, but I think the board should be able to share with the possible offender who is complaining.

my thought is that people like to hide behind the board, and if they've got some 'skin in the game' then they might be less likely to complain, particularly when it's something petty and not a CCR violation. Furthermore, I would like to log all complaints in some type of document that is visible to everyone in the HOA so if there is one resident that constantly complains about things, everyone is aware of it.

is this doable? does anyone have any experience with doing something like this? This might be out of bounds, but I thought I would start here as I've received some very good info from people on this forum. thanks in advance for your help.

I have heard some say if the complaint is not in writing, they ignore it. I disagree with this. When we receive a complaint, no matter how received, the BOD will evaluate it even have one of us look. Even if the complaint was anonymous, the infraction does or does not exist. If the complaint is valid we notify our MC to send a Violation Notice asking that the compliant be rectified. If the complaint was in writing, the BOD will respond to the complainer even if it is to tell them the complaint is not valid. Our owners never know who made the complaint.

The OP said they wanted to establish a process where the complainer talks to the offender first. Good luck with that and it could also be dangerous and end up with a hostile confrontation.

It depends on the type of complaint. When I was on the board, our general approach was not to accept any anonymous complaints. You need a paper trail in case you have to contact the person with more information (you'd be surprised how vague some complaints can be - sometimes people don't even write the date/time they saw whatever).

If the complaint smacks of criminal activity, homeowners were to call the non-emergency number of the police department (or they can stop by the district office, which is about 3 miles south of the community) OR contact our security officers (also off duty cops). Sometimes, the security officer can talk to someone if he/she is the type who'll flip out when someone tries to point out he/she is violating a community rule (our security officer is pretty good at de-escalating these folks).

We would only gets involved when the complaint concerns misuse or abuse of the common area and/or several people have complained about the same issue. Otherwise, it's a dispute between neighbors and both sides need to be mature enough to talk it out without screaming and coming to some sort of resolution. That's where you start - put something in your newsletter or website (preferably both), explaining what the board can and can't do, and why.

A few problems may be referred to the city or county. For example, your CCRs might not mention plastic bags alongside garbage bags, but you and I both know this is not tacky, but might not be tied up securely and then blow all over the neighborhood and attracts vermin like rats. That may be something you can call the city's sanitation department about, but if not, I'm sure your CCRs say something about keeping the homes and yards well kept.

Controlling one's trash is part of that, so put a reminder about cleanliness in the community newsletter and website. You could also add that continued complaints against homeowners may result in them being billed for cleanup. Put a link to those departments on your community website so homeowners can see what's required.

You're correct that people often want the board to do their dirty work, which is why you need to set boundaries. If people are worried about "snitching" over the garbage bags, for example, and provide detailed information, you could have someone from the property management company swing by to see what's going on. If there is an issue. have him/her take a photo or two (time and date stamped, and send a copy to the homeowner with a friendly reminder letter. You don't have to say who notified you - because the board did an investigation and found out the complaint is valid, the association then becomes the complainant, and because you have a paper trail going, you'll be in a good position to take further action if it becomes necessary.

Some communities hire their property managers to do weekly or monthly drive-throughs for this reason - depending on your contract, that could be an extra charge, so you'll need to decide if that's worth paying and adjust the assessments accordingly. If the homeowners squawk, they'll have to come up with a better idea or learn to take care of their own drama.

We have a form and procedures very similar to Cathy's (we're a condo high rise).

I don't agree for identifying the complainer. If it's in writing and the Board or PM corroborates the violation, there is no need to involve the original complainer because now it is the Association that sends the violation letter. To "out" the complainers leads to no one wanting to file a report.

We do not accept anonymous complaints and our PM (e.g., sends out a courtesy letter) takes no action whatsoever without corroboration.

If a resident complains about something that i not a violation of our covenants or rules & regs, we et them know and encourage them to place the issue on a board meeting agenda is they feel such anactivity should be prohibited.

Kirk

In order to get into the Bylaws owners would have to vote it in. Also to change it, owners would have to vote. No need for all that. It does not have to be in the Bylaws. Time for the BOD to put on their big boy pants and have BOD Prepare A Complaint Procedure and keep it a BOD Rules & Regulation. Well within the power of the BOD to do so.

Agree with JohnC. No need to be on the Bylaws. Dirk, rad your Bylaws and you'll see it doesn't really "fit" there.

Jeez, JohnC77, WA, coulda picked a less common name this time, at least his 3rd name.