Does the BOD owe residents an explanation of continued violations?

There seems to me that there is a conflict between homeowners' right to know their rules are being enforced, and other homeowners' right to privacy.

We have an instance where our 55+ community has an age restriction; no children under the age of 19 are allowed to reside in any home. There is a family with at least one child that has been living here since last October. Residents have sent letter after letter to the BOD, demanding that our age restrictions be followed. The BOD simply says they are "looking into it" but that they cannot discuss the matter due to privacy concerns.

I certainly understand the right to privacy. But that is the BOD's answer to any complaints about any violation. It seems that people who violate the rules are the only ones with any rights, whereas those who want our rules followed have no rights. What is the solution to this conflict? Is there any solution?

Is this the family with the disabled child * ? If so, and assuming the statutes and covenants do not say otherwise, then in my opinion the Board is correct to offer no response to anyone who complains about the age restriction violation. Why? Because this is also a Fair Housing (specifically disability) issue. To bring unwanted attention to this family because of the disability could very well amount to promoting an unlawful hostile environment (based on disability) towards them.

Owners will have to figure out on their own that if they feel that the terms of the contract (the covenants) are being violated and that the law in its entirety is on their side, then they are certainly free to file suit against the family and/or the HOA. But explaining this option to owners is not the board's job nor the HOA attorney's job. In fact, explaining this to owners would violate the board's fiduciary duty and the HOA attorney's duty to his/her client.

Often finding a solution requires picking among the least worst solutions.

I think you should review again the other thread. It sounds like you do not understand the points made there. Ask specific questions about what you do not understand, and maybe this forum can help.

* See https://www.hoatalk.com/Forum/tabid/55/view/topic/postid/326451/forumid/1/tpage/1/Default.aspx . The rights of the disabled individual compete against the rights to have the contractual terms enforced. Only one major court decision appears to have spoken to this. The court said the disabled person's rights trump the covenants.

Our HOA we only talked "Lot #'s" and what actions we were taking. We did NOT talk names. All members need to know is that we are aware of the issue and we are taking this action. So if lot #3 was behind in dues for 6 months. We would state Lot #3 behind in dues. We contacted. They refused to pay. We filed a lien. Moving on... What else does anyone need to know?