Compliance Committee members

Started by JimW5 • 7 replies • 1883 views

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JimW5 (Arizona)
Posts: 1

Posted:

We have a Compliance Committee in our HOA. Do you know if a complaint has to be in writing before the Compliance Committee can act on things being out of compliance? It seems like in our HOA everyone has complaint's but no one wants to put anything in writing because they don't want to be the bad guy.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Usually committees are fact finding. they investigate issues and then bring the information to the Board and wait for further direction from the Board.

Your bylaws or rules should explain the chain of command and tell you if your Committee is, in fact, a resolution entity or an information committee.

Do you have any past minutes or scenarios to glean some direction from?

SteveH2 (Maryland)
Posts: 3

Posted:

I sure understand the issue. Folks are reluctant to be the person who turns in a neighbor. I think the Compliance Committee has two choices; either institute a laborious and continuous inspection program or use anonymous complaints to initiate an investigation.

The best alternative is for the Committee to use anonymous reports to begin an investigation. The result of the investigation would drive Committee actions.

I think the key is that anonymous reports don't create action directly, they only trigger an examination of facts. Facts drive actions, not anonymous tips.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Unless your documents specify otherwise, why wouldn't you allow anonymous notifications, either by mail, online or by phone?

Our HOA has adopted the same complaint process that our local Metro Zoning Compliance uses.

In our municipality, people can either call a 3-1-1 number (in our case it would be the HOA cell phone), send in an e-mail, fill out an online form that doesn't capture names/contact info or send something in through regular mail. The person filing the complaint has the OPTION to remain anonymous or not.

One particular format (written or oral) doesn't matter. What difference does it make WHO the person sending in the notification of an alleged violation is?

Once the complaint is filed, the notification (complaint) is assigned to a Metro Compliance Officer who investigates to determine if the complaint is legitimate.

If the infraction (zoning in this case, CC&R violation for our purposes) exists, THEN it becomes a formal complaint with notification to the home or business owner.

If it is NOT legitimate then the complaint is closed and no notification is sent.

Why is that process a problem?

Does anyone really think that someone is going to abuse it somehow?

If a violation exists, what difference does it make WHO brings it to the attention of the enforcing organization?

MicheleD (Kentucky)
Posts: 4,491

Posted:

By the way, Jim, it's a lot more than someone not "wanting to be the bad guy."

In neighborhood situations, one doesn't want to become the target of a vindictive, possibly aggressive homeowner, either.

If someone turns in a complaint that is not valid, then it goes away, no notice to the alleged offending homeowner is sent.

However, if a complaint IS valid, many times the homeowner who got "caught" wants to take revenge off of the person who "nailed" him.

Why would a board want to pit neighbor against neighbor that way when the board's role is simply to obtain compliance?

What do they care, then, who the person reporting the infraction is? The important piece is the violation.

If there is no violation, there is nothing to pursue.

If there is, how does having a named reporting entity matter in any way, shape, or form?

If the board member or the MC rep investigating the complaint confirms the violation exists, what more is needed?

KirkW1 (Texas)
Posts: 1,665

Posted:

The first place to look for what requirements are in place and how the compliance committee operate are in the governing documents. To the extent that operating procedures are not stated there, then the Board of Directors should pass operating procedures.

Personally, I don't think I would require a complaint to be written. At the same time, unless a complaint can be substantiated it should not be acted on. So some complaints are easily dealt with and others are not. For instance if a complaint is made because a fence is put up in violation of regulations you can easily figure out if that is true or not. And thus there should be no reason for requiring a written complaint.

On the other hand if someone complains that a particular person violated the rules in some transient way (such as too many cars parked in a certain area), then without a formal complaint there is nothing to do.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,
I usually don't disagree with you but this one I will. Our Fl. association documented every complaint , even the pittley ones. Not that a letter was sent out or a visit was made but all complaints were documented as to whether it was a phone call, e-mail or letter. The main reason was for recording all complaints in event there should be a a consistancy in similar complaints, especially against a single member or type of complaint. As I said, even the piddley ones.

Each month, our P.M. sent a spread sheet on this, adding lot number to the complaint. It went only to the Board and after a few months, amazingly, the same people make the most calls, etc. But one can never have enough documentation, especially in the violation deprtment.

KirkW1 (Texas)
Posts: 1,665

Posted:

Donna,

I would agree that you should document that complaint. But I wouldn't do much more then that.

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