Confidentiality of Violations

Started by DeeS1 • 9 replies • 1539 views

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DeeS1 (Michigan)
Posts: 223

Posted:

Our MC has always operated as information on violations issued to HO's other than you and delinquency information are confidential. I can see nothing in our governing documents that specifically states this. In fact, our bylaws outline the procedures are requirements to be followed when a HO requests access to books and records and there is no mention of what might be restricted.

Is there some other operating source where this type of policy might come from? We have a new HO requesting a violation history on his unit because he was sent a violation letter for something. He stated to the MC that he is being harassed and wants to see all the records to show if the previous owner was fined too.

As a matter of point, the previous owner was sent a notice, but nothing further was acted on by the previous board. The previous owner was a bank that foreclosed and they indicated that they would not be holding the property long and would inform the purchaser of the requirement.

Is this new owner entitled to view previous violations against another owner or is that information somehow confidential?

SusanW1 (Michigan)
Posts: 5,202

Posted:

If the "violation" correction is going to be costly, this person probably wants to find out the history of it.

I don't blame him/her. Someone did not make an honest disclosure.

The board should have gone after the seller, not the purchaser.

Prepare for a lawsuit if this is going to cost him $$.

Why doesn't the board correct the violation and bill the bank?

JackieB (California)
Posts: 198

Posted:

would the bank be obligated to pay, even when they skip out on the monthly assessments?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dee,

If there is nothing in your gov docs limiting access to certain assn records and there is no state law covering this, then this member has a right to those records. Delinquency info may be treated differently than CCR violations. AZ has an open meeting law which gives 4 reasons for holding a closed session, one being to discuss "personal, health or financial information of a member of the assn". This means delinquency info is confidential, but CCR violation matters are not.

IF this new member bought the home from the bank and IF the HOA has a copy of a letter from the bank stating they would inform a purchaser of this violation and IF the bank did not inform this member then they may have a claim against the bank. But, even if they do have a claim against the bank, IMO, the HOA can still require that the new h/o cure this violation.

MariaC (Maryland)
Posts: 15

Posted:

I'm still pretty new at this, but I thought that if the new homeowner bought the house and it had uncorrected architectural violations when he/she bought it, then the new homeowner is still obligated and liable for correcting the violations, whether or not he/she was informed about them when buying the property. It's caveat emptor - "let the buyer beware." Unless there are overriding state or local laws?

SusanW1 (Michigan)
Posts: 5,202

Posted:

"As-is sale"

Is that a sheriff's sale, foreclosure, short sale, bank sale, realtor sale - or what??

DeeS1 (Michigan)
Posts: 223

Posted:

The bank aquired the property due to sheriffs sale foreclosure. The bank held the property for approximately 1 year to satifsy the 6 month redemption period and then make repairs.

The home was sold by the bank to the homeowner "as is-where is" meaning no disclosures were required and any deficiancies of the home were the burden of the new HO and the bank could not be held liable.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Deed,
Condo or HOA please.

I would expect the board to ask your legal council. But I would expect also that the Board establish a policy foe handling confidential matters, if indeed this is restricted information. I would think this information would be discoverable by the courts.
Looks like your trouble was caused by the Bank, not your Board, but it is huge differece if condo or HOA single family home. I suspect this is a condo and if so, I am afraid some of these prior violation may bequire input from the Board, then it is, how much has the Board been involved previously.

DeeS1 (Michigan)
Posts: 223

Posted:

Roger: We are zoned site condo ... all single family homes, but technically fall into the legal area of following the michigan condo act.

Are the confidentiality laws different between Condo or HOA?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,

An "AS IS SALE" means that you buy the property as it sits, with repairs needed, leaking or whateve problems there are, violations or non compliances to be fixed. You get the whole deal.

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