Violation Letters

Is it legal to ask to see violation letters that where sent out if the homeowners personal information is blocked out. IF not, how do we check to see if the Board is doing it's job by enforcing the CC&R's? I have it in strick confidence that our Board does not send out letters to homeowners who are violating the CC&R's because they want to keep a "sense of community". This defeats the purpose of all of us on the Architural Committee since homeowners are doing things without prior approval.

Well, you sure DO have the right to know if the Board is following up on violations, in fact,they should have a PROCEDURE which can be referenced at any time. So they should be able to tell you:

2) violations for broken widget - 2nd notice
1) violation for garbage ya-ya - 1st notice.
4) beach notice violations - 3rd notice. Fine notice set.
2) non payment of dues - 1 lein filed; 1 2nd notice

or some kind of tally. Of course, this would be based on their written policy that outlines the steps for violation and fines.

Since most disciplinary discussions and decisions are done in Executive Session, the general membership will NOT hear actual names or addresses. I think that's the way it SHOULD be.

However, the board DOES need to acknowledge the violations and reveal its plan of action for dealing with them. The OP (original post) just wants assurance that violations ARE being dealt with.

Mitch and OP,
Suggest you look at recent reply from DonnaS on purpose of Sunshine Laws. Donna knows her stuff. Look the subject up in first or second discussion page.

If the Board is trying to hide information that can be reviewed by the membership (including looking a financials and seeing if any fines were accessed and how the money was used), you can be very sure they are not playing fair or responsibly. I would read my documents, write up questions that would be required to be answered by the Board, go to thne Board meeting, send a registered letter or create a paper trail that demonstrates your desires. Then react from their response, but keep it all in writing or in the public domain, no deals.

My interpretation is that in Anna's state the information about enforcement actions are not subject to H/O review. However I would ask the question at a BOD/Member meeting and make the BOD answer the question of whether or not they enforce and remind them of their duty to, usually spelled out in the CC&R's.

RECORDS NOT SUBJECT TO INSPECTION

The following records are not subject to inspection (see Civil Code §1363.05(b) and Civil Code §1365.2(d):

board executive session agendas, minutes and information
personnel records (other than payroll records)

litigation files or records protected by the attorney-client privilege

pending contracts

Legal invoices

records likely to lead to identity theft

records likely to lead to fraud

records reasonably likely to compromise the privacy of an individual member (such as owner records, including goods or services provided to members for which the association received monetary consideration other than assessments)

disciplinary actions, collection activities, or payment plans of other owners

personal information, including social security number, tax id number, driver's license number, credit card account numbers, bank account number, and bank
routing number

interior architectural plans for individual homes