HOA management company hiding information from Board

Started by MayaS • 6 replies • 264 views

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MayaS (Washington)
Posts: 3

Posted:

Hi all,

The company that managed our HOA has been filing unnecessary violations weekly against a member, most likely at the request of a hostile neighbor. This particular neighbor hired the company a few years ago, when he was on the board, so the company has a special, unofficial, relationship with him. (The violations get resolved as non-issue.)

The issue is, the company is refusing to share the info about who reported these violations in the first place and asked the company to file them against the member. The management company is refusing to share the info with the member, and with the board. The company says it wants to protect the rights of the reporting party, and that is the reason for denying transparency to the board.

Is there a legal clause stating the company must disclose everything to the board? Does the member too have a right to know? Thank you!

ElleN (Idaho)
Posts: 4,420

Posted:

Legally I suspect the only thing that is certain here is that the management company is not going to give the member what he or she wants without a legal fight. Which means attorneys will start exchanging letters, threatening this and that, all while billing their clients lots of money.

I suspect the member wrongly accused wants his or her pound of flesh. However no real harm has occurred, at least not in the eyes of a court IMO. If the board has withdrawn the violation notices, then I would let this go. I think the best attorneys would advise the same.

Living in a HOA often requires a thick skin. These unpaid amateurs run the place, giving many unpaid hours of labor, but they can also get away with all kinds of harassment.

KerryL1 (California)
Posts: 14,550

Posted:

Your mgmt. co will not share the violation notices with the Board at the board's request? And, you' saying the alleged violations get cured so that the alleged violator is never called to a hearing?

How do you know these a violation notices aren't shared with the Board? Are you on the Board, Maya, or are you the alleged violator?

JohnS111 (New York)
Posts: 228

Posted:

Quote:

Posted By MayaS on 03/21/2023 5:45 PM
Hi all,

The company that managed our HOA has been filing unnecessary violations weekly against a member, most likely at the request of a hostile neighbor. This particular neighbor hired the company a few years ago, when he was on the board, so the company has a special, unofficial, relationship with him. (The violations get resolved as non-issue.)

The issue is, the company is refusing to share the info about who reported these violations in the first place and asked the company to file them against the member. The management company is refusing to share the info with the member, and with the board. The company says it wants to protect the rights of the reporting party, and that is the reason for denying transparency to the board.

Is there a legal clause stating the company must disclose everything to the board? Does the member too have a right to know? Thank you!

The management company should be fired.

It works for the board. Not the other way around.

GuyM1 (Ohio)
Posts: 318

Posted:

I agree with Tom! I would if the board removed the Management company from handling violations and the board take the responsibility for a while and see if violation notices stopped. If they don't and they are false accusations then that owner needs to be handled.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

This is how we have our MC work. Violation notices go out under the MC's signature. We on the BOD know where (who) the original complaint came from. Other then that, the information is not public.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 03/22/2023 9:29 AM
This is how we have our MC work. Violation notices go out under the MC's signature. We on the BOD know where (who) the original complaint came from. Other then that, the information is not public.

ADD ON

Any notice (publicly or anonymously) of a violation we receive will be investigated by a member or two of the BOD before we take any action. Our MC does tour the neighborhood once a month but a member or two of the BOD ride along with her. Most of the violations are typically spotted by BOD Members first.

When the BOD is questioned by the complainer our typical reply is that the matter is being handled. When pressed how we are handling it we reply that is confidential information between the owner and the BOD. Only once did we tell a belligerent complainer that they have the right to sue another owner for a violation. They went away.

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