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LouH1 (Michigan)
Posts: 214
Posted:
Now we had a meeting where there was a complaint about one co-member against another member who had absolutely no knowledge of it. The complete complaint, names, what the complaint was all about was openly read in a regular meeting. To hell with confidentuality, what do you think of this? A board member who knew better, I would hope, read it aloud.
SheliaH (Indiana)
Posts: 6,964
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
TimB4 (Tennessee)
Posts: 21,059
Posted:
See previous thread on issue:

Subject: Hoa complaint protocol

Lou,

What are you looking for?

Based on the past thread, I believe everyone agreed that it was wrong to bring the issue up in open session.
Now what?
CathyA3 (Ohio)
Posts: 6,299
Posted:
And shame on the board president or whoever was running the meeting for not shutting this down and telling the complainer to follow the established procedure for registering an official complaint.

The rule in my community is "if it's not in writing, it's not a complaint." And the complainer must identify themselves, the board does not act on anonymous complaints.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
For me if a person presents a complaint or an issue to the board, it gets read at the HOA board meeting. They are after all seeking a board decision on the matter. How is the board to know unless it is shared? Our HOA has OPEN meetings. Which means you are OPEN to attend the meeting and see our process/decisions. So if someone writes a complaint or has one is very much OPEN to discuss it at the board meeting.

So as far as expecting "privacy" keep in mind it's as far as an OPEN meeting goes. This is the ONLY time our board members meet altogether to make OPEN decisions. It is the first time the board is hearing this information themselves most likely. That is the purpose of the meeting is it not for the board to hear HOA issues and discuss/vote on them?

I told people if you had an issue or wanted something you had 2 choices. Write a letter for it to be read OUT LOUD at the meeting OR come to a meeting and present your idea. IF you did not choose to bring a solution, then the board will provide you with a solution.

Do not know how one thinks they are going to get "privacy" when they send a letter to the board. What do you think is going to happen? Executive session? Most likely only AFTER it is read so can make a decision. Otherwise anyone at that meeting is allowed to know what is going on and even fellow members.

Recently, have been on the receiving end of a complaint had no clue about. So can sympathize with that person. It really does suck. I did take the little bit of what could be truth and learn from it. Otherwise, it's really the other person's issue and it shows.

Former HOA President
LouH1 (Michigan)
Posts: 214
Posted:
Thanks! It is amazing to me how many different and totally opposite responses you can get on this site. The good part of it is, you can choose which ones you like and which one you don't. I like the one's where respect, confidentiality and privacy are key components in working with personal issues concerning board members, Managers and co-owners. RESPECT being the most important.
SheliaH (Indiana)
Posts: 6,964
Posted:
Everyone on this website have varying experiences with HOAs. Some are new board members, others are homeowners. We're also from different states, so what happens in your state may be handled different in mine. Variety is the spice of life, after all.

you can accept some, none, or all of what people say, but don't expect this to be an amen corner. Just because someone responded in a way you didn't agree with doesn't mean everything you said is wrong. We weren't at the meeting and you still haven't said if you've discussed any of this with the board. I understand you may be upset, but it's on you to decide what to do next, as Tim said.

Feel free to vent, but that won't change what happened. Decide what you'd like to see done so it won't happen to someone else, and then get off your duff and make it happen.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Really we can pick and choose the advice that best fits our way of thinking versus viewing some light from the other side? I don't learn anything if I don't listen to another opinion once and awhile. Mine isn't always right nor the one to take. However, if I am to open my eyes a bit and improve then sometimes got to take the lumps too.

I personally do not see an issue with a letter read out loud at a meeting whether the letter is right or not. It was sent to the HOA as "HOA business" to be discussed. Well our HOA we are OPEN and don't do "executive" meetings outside of eye or earshot of any member. So that means if you write a letter it's to be held in the HOA boards "confidence" but it also has to be read to the other board members to be on the same page. People/members will be in attendance at that meeting. It is their RIGHT to be there and observe. Does that mean they make any decisions? No. We the board will let you see how we feel and what actions to take in front of every member.

Don't like this then keep hiding in the shadows and crying when someone steps on your toes for not seeing you. You want results you face it and participate in the decision making. Which may include just tossing the letter to the side and moving on from the personal business.

Former HOA President
LouH1 (Michigan)
Posts: 214
Posted:
While I agree with most of what you are saying, I do not agree that it is our right as the Board of Directors to read a personal co-owner grievance in front of a regular meeting assembly. Wouldn't you be the least bit sensitive that your personal business was being expressed to people who would not keep this confidential. It would also lead one who had a very good reason for their complaint to not bring it forward because of the lace of confidentiality. It is the only respectful thing to do, address personal complaints in private. No mention of names in minutes or otherwise. Just not necessary. As a retired nurse, I understand the meaning of confidentiality, it seems many organizations are supposed to as well, but do not.

Thank you, I do and will participate in the decision making process. This includes respectful treatment of community members as well as board and management.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lou

Are you saying the complaint was read out loud by a BOD Member in a meeting where other owners were in attendance?

When our BOD receives a complaint we keep it to ourselves until we investigate it. Once investigated we can do several things:
1. Validate it and notify the PM to send a warning letter and notify the complainer of such.
2. Find the complaint is not warranted and notify the complainer of such.
3. Find the complaint is not an HOA issue and notify the complainer of such.
4. Notify the complainer that the BOD is consider action when we are not.
5. Ignore it.

What we would not do is read the complaint out loud publicly in front of other owners. This is not only in bad taste, it could to legal action such as libel.
KerryL1 (California)
Posts: 14,550
Posted:
Complaints about any individual--owners, directors, prop. mgrs. should be dealt with in executive session as private confidential matters. The very idea that they'd be shared in an open meeting is frightening and could get the HOA hit liability/defamation issues.

what could these companies be if not accusations of rue violations. These are matters for executive session where the alleged violation can be discussed by both sides of the issue.

I think Melissa's approach of, I believe, many years ago in a state with few HOA statutes, was wrong then and, it seems to me, wrong today

MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is called an OPEN meeting. We have had no PRIVATE meetings. So many people accuse their HOA of hiding things or not being open. Doing things behind closed doors etc... I have even heard people suspect a secret "HOA meeting" because 3 members ran into each other at a "Starbucks".

Sorry but I don't believe if it is presented as "HOA business" it should not be subject to HOA review. The ONLY time ALL the officers got together was at a board meeting. When did you want them to discuss it? Behind closed doors still keeping it all hush hush and filled with suspect rumors?

Sorry but when you have an OPEN meeting you give something to your HOA to discuss. How do you think the HOA is supposed to discuss it ? Closed doors and secretive? That embodies trust doesn't it? Besides if it was a personal issue, then it should not have been presented to the HOA in the first place....

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
There were better ways to handle this:

1) Received a complaint that is personal in nature and the board will move to executive session to discuss.

2) If relevant, email the letter to all board members prior to the meeting and then discuss the issue at the meeting without the need to read the letter out loud.

3) Adopt a policy that the Association doesn't get involved in neighbor vs neighbor complaints unless it's an actual violation of covenants or, in the case of nuisance complaints, two or more neighbors complain. (This is the policy our board has adopted).

4) Ask the offending party (Lou in this case) if they are aware of this and give warning that it will be brought up at the meeting.

I wasn't there, so I don't know.
It may have happened because the individual reading it wasn't thinking OR
It may have happened on purpose to cause issues.

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