Anonymous complaint

Started by SashaE1 • 8 replies • 544 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SashaE1
Posts: 110

Posted:

If a homeowner complaint against another homeowner regarding a violation goes to a hearing and the homeowner who is on the receiving end of the complaint asks for the name of the homeowner who is complaining does the PM need to give the name to the homeowner requesting it or is the evidence provided enough?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Depends on how you want all of this to go down. You want a potential fight between neighbors or want to handle it per the rules. It should be irregardless of if someone complains if the person is in violation. Violation is a violation is a violation. Whether or not an individual points it out.

The HOA has proof it's in violation then follow the actions of enforcing the violation corrections. PM shouldn't be involved unless it's a cotnractual requirement. It's the HOA whom is to enforce violations.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

If we received an anonymous complaint, we did not take any action unless we board members witnessed the violation ourselves. If the anonymous complainer provided photos or some such evidence, we still tried to verify the complaint. (We had one homeowner who provided numerous recordings of what she claimed was excessive noise, but nobody else could hear anything and the target of the complaint swore up and down that she wasn't doing what her accuser said she was.)

This protects the accused homeowner as well as the board, since unverified complaints are considered hearsay and prevents the board from getting sucked into private vendettas. And it also lets the board be the bad guys, which means that owners are more likely to report true violations.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

I would not disclose the name of the person who filed the complaint but would make a light check of the potential violation and seek remedy, if necessary.

That said, the person who files the complaint has ZERO privilege to be informed of the outcome as it's the HOA that's being "violated." It goes both ways.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CathyA3 on 11/26/2020 5:19 AM
If we received an anonymous complaint, we did not take any action unless we board members witnessed the violation ourselves. If the anonymous complainer provided photos or some such evidence, we still tried to verify the complaint. (We had one homeowner who provided numerous recordings of what she claimed was excessive noise, but nobody else could hear anything and the target of the complaint swore up and down that she wasn't doing what her accuser said she was.)

This protects the accused homeowner as well as the board, since unverified complaints are considered hearsay and prevents the board from getting sucked into private vendettas. And it also lets the board be the bad guys, which means that owners are more likely to report true violations.

We do about the same. Someone on the BOD will be appointed to investigate the claim. If it exists, the BOD will request our PM send/sign the Violation Notice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As others have said, if there is a complaint of a violation and a someone from the Association investigates and finds the violation to exist, then the witness (so to speak) is the individual who investigated. Since we provide photos showing the violation, it's very rare the question of who looked at the issue arises.

If the complaint is something that the board can not investigate on their own, our policy is that a complaint must be received from two different lots before the Association will take action. Things like noise and pet complaints are usually responded to by asking the complainer to contact the authorities vs. the board.

SashaE1
Posts: 110

Posted:

Thank you all for the information. It is very helpful.

KerryL1 (California)
Posts: 14,550

Posted:

The compliant is investigated by our PM and if valid, she writes the letter to the alleged violator. The Association, then, become the one who "complained" not the person who reported it to the Association.

Many years on our Board, and no violator has even asked for the name of the original persons who complained and has never taken us to court, where such a person might have to be revealed.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here