covenant violations

Started by ArtB1 • 8 replies • 327 views

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ArtB1 (Florida)
Posts: 97

Posted:

Just a question out of curiosity............

Do any Boards publish a list of addresses where violation letters were sent and the nature of the violation?

Thanks

PatJ1 (North Carolina)
Posts: 568

Posted:

In NC violations are covered by privacy laws. You should check your state. IMO public shaming is not an effective tool and can get out of hand and blowup rather quickly as owners start pointing fingers at each other.

SheliaH (Indiana)
Posts: 6,964

Posted:

No. If you want to know if violations are being investigated, all you need to know is X number of violation letters were sent out last month, type of violations noted and how many homes were involved. The rest isn't your business.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasK1 (Florida)
Posts: 2,046

Posted:

In Florida almost all records are open to owner inspection and copying. Reviewing the exceptions in FS720 I don't see anything that would suggest violations are excepted from the open records requirements so any owner could request to review that info.

I personally would not go the next step to shaming by pre-emptively publishing this info, but it is not secret per state law.

Escaped former treasurer and director of a self managed association.

MichaelS56 (Minnesota)
Posts: 858

Posted:

ArtB1 (Florida)
Posts: 97

Posted:

All good points

Thanks for the insights

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We did not fine in our HOA. We could but we did not. However, if you were behind in dues or we needed to discuss a violation, we referred to you as a "Lot #". No names/addresses. If you had a map of the HOA, then you could figure it out. However, we did not provide that to anyone. It was a public document could get on your own.

I am not into the "public shaming" thing. As long as the HOA is handling and recognizes it, then I am okay with what happens.

Former HOA President

LoriM15 (Florida)
Posts: 1,009

Posted:

Our HOA publishes the ARB agenda before the meeting so you can see what people are applying for. We also publish the minutes of the meeting so yu can see what was approved and denied. Both of those documents only include address.

Our fining committee rarely meets, but we do publish the agenda with the address before the meeting and the minutes afterward. So in effect I guess we do publish violations.

HenryS7 (Pennsylvania)
Posts: 336

Posted:

Our property management company keeps a compliance log, and under the rules of our state and CC&Rs, it's a record that can be requested by homeowners. No one has to my knowledge but they can have it if they wanted to see it.

Over my 2.5 year tenure on the board, I really have changed my tune about what is confidential versus public information that we discuss. When I first joined the board, I thought it all was secret information. Now I tend to see a lot more as public. For example, I still think that people that are behind in their dues is confidential information that is not public knowledge, and others respect that.

However, if someone's front yard is a mess, and they get in trouble for having a messy front yard, I no longer consider that a secret. The condition of their front yard is public information. Anyone can drive by and observe that their yard is messy, or that their gutters are hanging, or their lawn is a foot tall. We don't need to keep that information private in my opinion.

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