Posted:
Wasn't this the subject of another conversation in another community? Ok, here we go again.
First of all, did the complaint have anything to do with the association? If if it doesn't involve misuse or abuse of the common area, or a neighborhood nuisance that's affecting a bunch of people, this is a tiff between two homeowners, and the association should stay out of it. That should have been apparent to the board member when he or she read it (and what does he/she have to do with the dispute anyway?) If that person wanted to mediate, he or she could have that by first asking neighbor 1 to discuss the matter with neighbor 2. If they can't behave like adults to resolve the problem, then the board member could try to mediate, if he/she is a friend. However, that would simply be an interaction between neighbors, not something the board or the association has to be involved with. People always forget that board members are homeowners too, and that doesn't mean they can or should get involved in every damned thing that going on.
If this WAS something the board should have addressed, the thing to do would be to bring it to the board's attention to begin an investigation.
If the board can verify something's wrong, it's not necessary to bring the complainer into it. Then you send a violation notice and go from there.
That said, the complainer should be told if the matter escalates into legal action by the association, he or she WILL be subpoenaed to testify as to what he/she saw, said and/or did. Hopefully, that'll help you find out if this is a legitimate complaint or the other person wants to spread gossip or cause trouble - in which case he/she should be shut down immediately.
I don't believe in anonymous complaints - if you're ballsy enough to complain, do it in front of whoever you have beef with. Due process remember? If someone has a legitimate reason to fear retaliation, there are ways that can also be addressed. For example, if it's a criminal matter, call the cops. The HOA board isn't law enforcement.
Considering this and your last post about the treasurer's report, y'all REALLY need some education on how to run effective and efficient board meetings. Along with handling complaints and maybe rule enforcement. This website is a start, but you might also want to check out the community association institute (CAI website), which has lots of educational materials on all sorts of HOA issues directed at newbies and long-time board members.
If you're not on the board and you're concerned, speak up and say something to the board president. If you're the person being complained against, go to that person and see if you two can't clean this up - and yes, it's ok to ask him/her why you had to hear about this at a board meeting instead of the neighbor talking to directly.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius