Who checks your cameras?

I have heard of a smaller HOA where the board appointed a committee of 3 owners to check the monitors every so often. Don't know the details, but they rotated as I recall.

Awkward? You have aboard of directors that makes decisions on behalf of the entire community and sometimes they do things like increase assessments. How awkward do you think that is when they run across a neighbor who's having a tough time financially and the increase won't help matters? Nonetheless, the increase is necessary to cover an increase in maintenance and things like...security cameras and monitoring services.

The footage should be time and date stamped and if it's gathered properly, it should speak for itself and it won't matter that Mary prepared the footage that showed Justin and his friends sneak into the pool after hours to skinny dip and smoke weed. If that's a violation, Justin and other residents who were there will be punished.

If you have a committee, it should be made up of people who can be fair - if you don't think you can drop the hammer on someone who deserves it, either decline to volunteer or recuse yourself if your friend is about to get busted (and no tipping him Or her off). Or present the information and let the board decide what happens next.

Thanks for the feedback. I feel a bit better. I've actually been doing all of this myself but was starting to think it should really be a third party that does this. If it's normal for a committee to do it, then that's great!

I just don't want to put people on the committee and then have them harassed by rule breakers (the few we have are very aggressive). Is it ok to keep the names of committee members confidential or does it have to be public?

Veronica

Our MC plays the heavy by sending out/signing violation notices at the request of the BOD.

Ours does that as well. It's the gathering of evidence part that's left up to us.

I just came across this:

"Per Arizona law (A.R.S. 33- 1242 and A.R.S. 33- 1803) any complaint lodged with the Association will NOT remain anonymous. The person complaining of the alleged violation must state their first and last name and this information will be sent to the party who is accused of the violation."

Is the committee member complaining? What's the difference between me sending the PMC a video of dogs barking uncontrollably and a committee member submitting video footage of the violator? The first is definitely a complaint, according to the PMC. But what about the second? Just thinking out loud. I think I need to talk to our PMC about this...

Or maybe there's a distinction between complaining to the "Association" (i.e. the Board, right?) and the PMC?

I agree. I will throw in that a vindictive HOA member can fabricate claims of seeing xyz (in alleged violation of the covenants) to her or his heart's delight and potentially make a lot of trouble for her or his neighbor, wasting a lot of people's time and money.

I have seen an incompetent board accept an anonymous claim of black mold and force the Owner (who was despised by the Manager and Board) to have inspections to the tune of a few hundred dollars. No black mold was found.

I think a court would throw out a fine based on an anonymously submitted, shaky evidence.

If an Owner is not at least willing to put her or his name on a complaint, then I think she or he has no right to expect the Board to take any action.

Being able to face one's accused, via say the complainant signing the complaint, is a key principle of due process.

A number of appeals courts nationwide have spoken to the importance of HOAs/condos providing due process protections.

Our attorneys recommended that the board have "reasonable evidence" before it even sending the first violation notice. This evidence could be:

* videos or photos (with date and time stamps)

OR

* a signed complaint from at least two different homeowners (to avoid getting caught in a personal vendetta).

Our complaint form asks if a homeowner is willing to testify in court about their complaint. This tends to weed out the less important things.

Board shows not accept anonymous complaints. They should not from anyone including fellow board members.

There must be witnesses or dated/timed footage. Once the PM reviews this and thinks the alleged violation seems true, the PM on behalf of the Association takes over the "case." The PM writes the letter and is/on behalf of the HOA, the named complainer, not the committee member or homeowner. The committee member's name need not be anywhere.

Now even with footage or other recordings or evidence, the alleged violator is unhappy with the hearing results and decides to go to court, that very first witness might be called.

but, I must say after 14 years on our Board and several violations a year, no owners have ever rented the PM's evidence.

My usual typos. We've never had an Owner who's been found guilty of a violation argue with anyone about it, let alone take it to court.