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JimR31 (South Carolina)
Posts: 5
Posted:
HOA violations letters are they sharable to all members, Do we have a right to see them ??
CathyA3 (Ohio)
Posts: 6,299
Posted:
In general, this will probably depend on what your association's governing docs and/or state law say about this. According to this web site, violation records of other homeowners are considered confidential in NC and SC:

https://www.camsmgt.com/blog/community-association-records-what-members-are-and-arent-entitled-to-see

This means that only the board members (and the property manager if you employ one) can see them.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JimR31 on 07/09/2022 12:14 PM
HOA violations letters are they sharable to all members, Do we have a right to see them ??

I say no. Only the MC and the BOD are privy to them.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Cathy & JohnC. Why do you want to read them, JimR?
JimR31 (South Carolina)
Posts: 5
Posted:
We have 123 houses in our HOA Some people are getting violation letters for Trailer parked in yard 5 other people still have Trailer park in yard. One person got a violation for garage door being open, there 15 other people who have there garage door open with No violation. People park in street daily 5 or 6 cars/truck Only 1 person got a violation, They are Not Consistent with letters
KerryL1 (California)
Posts: 14,550
Posted:
How is it that you know that not all allegedly in violation are not getting letters? Are you on the Board?
MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By JimR31 on 07/09/2022 3:44 PM
We have 123 houses in our HOA Some people are getting violation letters for Trailer parked in yard 5 other people still have Trailer park in yard. One person got a violation for garage door being open, there 15 other people who have there garage door open with No violation. People park in street daily 5 or 6 cars/truck Only 1 person got a violation, They are Not Consistent with letters

That’s probably because they drive around for 10 or 20 minutes and send out letters based on that 10 or 20 minute time in there not there every day looking at every single house so some of my other garage door open when the person drives by during inspection and the next day someone else has a garage door open instead of assuming that people are being targeted
look at it logically
SheliaH (Indiana)
Posts: 6,964
Posted:
Generally, violation letters are between the board, property manager, God, and whoever got the letter. If you looked at them and saw your next-door neighbor received one, but the lady two blocks away didn't, what do you plan to do about it? CCRs can be enforced by one homeowner against another, so if you're annoyed at someone for having a trailer parked in the yard, you can always go after them yourself.

If you think the association is being inconsistent with catching violations, why haven't you gone to a meeting and said so? I suspect the issue could be as Mark noted - at 8 am, you notice the violation, but by the time you finish the drive-through at, say, 8:45 am, the person has corrected the problem.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DavidG45 (Delaware)
Posts: 994
Posted:
This thread brings up a subject that is puzzling to me. The HOA must treat everyone equally. You cannot fine some residents and not others for the same violation. But if homeowners are not allowed to know who has been fined for what, how can they hold the board accountable?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
The board accountable? It's keeping the owners accountable of following the rules...

Former HOA President
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By MelissaP1 on 07/11/2022 4:36 AM
The board accountable? It's keeping the owners accountable of following the rules...


Owners have obligations for which they must be held accountable. The HOA has obligations for which they must be held accountable. Selective enforcement is not allowed. But how can it be proven if owners have no right to know how and when ripples are being enforced?
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By DavidG45 on 07/11/2022 4:42 AM
Posted By MelissaP1 on 07/11/2022 4:36 AM
The board accountable? It's keeping the owners accountable of following the rules...


Owners have obligations for which they must be held accountable. The HOA has obligations for which they must be held accountable. Selective enforcement is not allowed. But how can it be proven if owners have no right to know how and when rules are being enforced?

See edit
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DavidG45 on 07/11/2022 4:42 AM
Posted By DavidG45 on 07/11/2022 4:42 AM
Posted By MelissaP1 on 07/11/2022 4:36 AM
The board accountable? It's keeping the owners accountable of following the rules...


Owners have obligations for which they must be held accountable. The HOA has obligations for which they must be held accountable. Selective enforcement is not allowed. But how can it be proven if owners have no right to know how and when rules are being enforced?


See edit

I agree that's an issue in states where violation information is confidential. About the only way to find out is if people talk, and some people will have more incentive than others to spill the beans.

In any case, holding a board accountable for anything will require solid evidence of misbehavior. Suspicion isn't enough - you have to do enough digging to confirm that your suspicion is justified.
MarshallT (New York)
Posts: 414
Posted:
In most cases the answer will be no. However, if you are the one who submitted the complaint, the manager or board can update you on what corrective actions were asked of the offender, and when the changes can be expected.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By MarshallT on 07/11/2022 6:47 AM
In most cases the answer will be no. However, if you are the one who submitted the complaint, the manager or board can update you on what corrective actions were asked of the offender, and when the changes can be expected.

Marshall. This is not correct in North Carolina. A submitted complaint can not be updated for action. All stages of the complaint process/board actions are protected under privacy laws.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By PatJ1 on 07/11/2022 6:59 AM
Posted By MarshallT on 07/11/2022 6:47 AM
In most cases the answer will be no. However, if you are the one who submitted the complaint, the manager or board can update you on what corrective actions were asked of the offender, and when the changes can be expected.


Marshall. This is not correct in North Carolina. A submitted complaint can not be updated for action. All stages of the complaint process/board actions are protected under privacy laws.


This is an honest question. Could you provide a specific statute that would not allow details about a complaint to be provided to a homeowner? That would probably point me in the direction of getting an answer to my question.

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