Confidentiality of Violations

I'm curious how other HOAs and MCs handle this. Our previous MC had a policy whereby they would not disclose the origin of an HO violation. They would simply inform the HO of the violation, but they would not indicate in the notification or further disclose if it was a neighbor, other HO, or patrol that originated the violation warning. Our new MC says that a HO has the right to know that information and it is their policy to disclose that information when asked. Our CCRs make not reference to this matter.

To me, a violation is a violation regardless of the origin. I think in the long run, it is better not to indicate which neighbor, if any, requested that the violation be corrected to minimize conflict. Regardless of one neighbor's motivation for recording the violation, if the violation exists, the board is compelled to correct the situation. Obviously, I would think the information would be released if there were litigation, but beyond that, I see no real reason to disclose.

Are there any other HOA/Condo acts or non-profit pieces of information that might place requirements on this. I don't seem to see any. What do other HOAs do?

I'm curious how other HOAs and MCs handle this. Our previous MC had a policy whereby they would not disclose the origin of an HO violation. They would simply inform the HO of the violation, but they would not indicate in the notification or further disclose if it was a neighbor, other HO, or patrol that originated the violation warning. Our new MC says that a HO has the right to know that information and it is their policy to disclose that information when asked. Our CCRs make not reference to this matter.

To me, a violation is a violation regardless of the origin. I think in the long run, it is better not to indicate which neighbor, if any, requested that the violation be corrected to minimize conflict. Regardless of one neighbor's motivation for recording the violation, if the violation exists, the board is compelled to correct the situation. Obviously, I would think the information would be released if there were litigation, but beyond that, I see no real reason to disclose.

Are there any other HOA/Condo acts or non-profit pieces of information that might place requirements on this. I don't seem to see any. What do other HOAs do?

Well Dee - obviously this is pretty important to you, you posted the same two paragraphs twice

Our HOA does not allow violation reports to be anonymous, but conversely does not disclose the source of the report to the offending owner. The MC will disclose this info to the Board, but not the owner(s). The logic is that we want to ensure that the report is valid, but the source of the report is irrelevant once that validity is determined.

We not only accept anonymous complaints, we also strip the name of the person who reported the complaint when we enter the complaint in the database. The only thing we leave on the record is whether the complaint came in via phone, mail, email, or in person.

I don't know what being anonymous has to do with a compliant being valid or not.

We generally assign a board member to verify the complaint once it is submitted so that pretty much lets us know if a complaint is valid or not.

If the complaint can't be verified, then no violation notice is triggered.

But JonD is correct, the management company works for you.

I would have your board draft a Policies and Procedure regarding the complaint process (it does not have to be in your governing documents, most boards are allowed to develop process and procedure policies for handling their responsibilities, this is one of them). On the rare instance that your governing documents do address this and do state that complaints cannot be anonymous, then, of course, you should follow that.

However, keep in mind, the police have an anonymous tip line. Our local zoning enforcement officers allow for anonymous reporting. Our local animal control officers allow for anonymous reporting.

If it's good enough for those groups, who clearly receive way more complaints than we ever would, then it's good enough for us.

I have yet to hear one good argument for denying anonymous reporting and many very good arguments for allowing it.

Sorry, I just simply don't agree. Not everyone is from the "Wild West" school of neighborhood living. Some people are greatly intimidated by others.

Especially if a woman lives alone, say, or an elderly couple who is afraid to report the aggressive neighbor because they are convinced he will bully their name out of the board.

And what is this "if you feel strongly enough" ?

Really? Caring about your property values is now a measurement of intestinal fortitude?

The only reason one should file a complaint is if a violation exists. If violations are ignored or not remedied, then an erosion could develop.

It makes no difference if it's a parking violation or a garbage can violation, or a chain-link fence violation.

If the homeowner notices the violation, and even recognizes it as a violation, what difference does it make if he has enough hair on his . . . chin. . . to step forward and report it?

Nope. Still not a good enough "reason" to disallow anonymous complaints.

Granted, most of our complaints are not anonymous. But it's counter-productive to disallow them unless your documents or state laws say otherwise.

And regardless of whether the complaint is anonymous or not, they should always be confirmed before the notice is sent.

Really important it's the second time in less than a month that she's asked the same question: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/85321/view/topic/Default.aspx

Well Michele, i respect your opinion, and i see your point. I don't disagree with it, i think it is valid. You are free to accept anonymous complaints. I just have a difference of opinion (difference, not a total disagreement)

i was raised differently, and carry that culture into my adult life and dealings. I still carry the idea with me that if the person complaining doesn't even care about the complaint, I shouldn't care much more.. and the way to show I am serious, and care, is to be willing to stand up for something.

I understand that some people may be afraid of retaliation.. that's why complaints are KEPT anonymous. But to not even be willing to stand behind your accusation just seems ... wrong to me.

It's how i was raised, and i still carry that piece of my father with me, I guess.