Homeowner vs homeowner complaint letters

Started by MaureenM4 • 8 replies • 2793 views

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MaureenM4 (Washington)
Posts: 20

Posted:

Hello,

I have a question. We have a homeowner who had a personal conflict with another homeowner at our pool. No CCRs or Bi-Laws were broken and opinions were expressed etc., However homeowner A) decides to write the President a letter about their opinion of what happened. Homeowner B) does not and is unaware this letter exists.

So, questions- Should the President have accepted the letter? Does homeowner B) have the right to request the letter to be removed from the HOA file (since they were tld it exists) due it being based on opinion and not based on CCRs and Bi-Laws?

We do not have any written policies about accepting these kind of complaints.

Thoughts?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maureen,

Homeowner A 's letter? Is it about something to do with HOA property? Did they argue about---say--the temp of the pool water? Then it might be reason to keep the letter for future issues about the reason for the arguement.

If this was a personal arguement about personal stuff, the letter should not have made it into your HOA files, unless it was the circular file. Homeowner B so far has taken the high road and dropped it. This is childish and grownups should have better things to do.

People are people and will disagree about anything. NOT!!! the HOAs business to get in between this one.

MaureenM4 (Washington)
Posts: 20

Posted:

Hi DonnaS,

HomeownerA) claimed that Homeowner B)threatened to kick them out b/c their kids were "roughhousing". This is homeowner A's opinion and not of the facts. No property was broken, nothing only a verbal exchange.

So, can homeowner B) request the removal of the letter out of the PM's "file"? This just seems petty to me an in no way the business of the HOA.

Thanks for your help, this is frustrating trying to clear this up.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maureen,

No, Homeowner B has no authority to as for the letter to be removed. It seems that A was agitated by B's kid's behavior which COULD have been a legitimate concern. But the arguement between them had no valid reason to file a letter unless there was a threat involved. Some might say "but what if this escalates into something bigger"

AnnaD2 (Florida)
Posts: 960

Posted:

Maureen---I would caution you to NEVER discard ANY complaints from anyone. Not that you need to respond nor reply if no rules were broken....but it could come back to bite you in the backside if this problem escalates and "A" claims that they complained about something previously and the problem is continuing.

I'd just keep it on file.

By the way....did "B" request that the complaint from "A" be removed?

Just a note....WE respond to EVERY written complaint. Even if it's just to explain that no rules have been broken; and that we'll keep their complaint on file.

I've repeated it before....paper trail, paper trail, paper trial. You never know where things like this may go...or escalate to.

Just my opinion.

AnnaD2 (Florida)
Posts: 960

Posted:

Donna...we were typing at the same time. Let the debate continue!

How you doin' you Tennesse lady?

MaureenM4 (Washington)
Posts: 20

Posted:

Hi DonnaS,

Actually the questions was posed to the HOA - Without policies about complaint letters.. Was it right for the Pres to accept this letter based on opinion?

Oh, and it apparenly it was Homeowner A) who wrote the letter and had the kids who were "roughhousing" at the pool.
Homeowner B) was referring to the posted rules when Homeowner A) got very upset. This is what we (HOA) heard.

What I am wondering is that as the President, was this the right decision to accept the letter then hand it over to the PM (HOA). Is this more of an homeowner tattle tailng to cover their tracks?

Thanks!

TimB4 (Tennessee)
Posts: 21,061

Posted:

Maureen,

I am currently serving as President of my HOA (last one in the row when people were selecting offices to serve). We had a similar incident and yes, it was right and proper to accept the letter. How the Board responds depends on various issues:

1. If it was a complaint about a possible violation, it should be investigated. However, based on your posting, it doesn't seem like there is enough information to investigate. Perhaps an article in your next newsletter about proper/acceptable behavior at the pool or on the common grounds is all that is needed.

2. If it's an issue between two neighbors - The Board should respond that they do not get involved in conflicts between neighbors unless a violation occurs.

My Association actually has a policy that unless there are two or more written complaints about a conflict between neighbors, the Association will not get involved. This way, if one is being an adult and the other one childish, you only get one letter. If the conflict is affecting other neighbors you will get more letters and know it's a real issue.

3. If you don't have a policy about due process on alleged violations, you should use this opportunity for the Board to adopt one.

Again, you were right to accept the letter. However, I don't believe any action should necessarly be taken at this time.

Hope this helps,

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maureen,

No problem with the Pres for accepting the letter but that doesn't mean anything has to be done with it. IMO, this is a neighbor against neighbor dispute and the BOD should not get involved. Just file the letter in the file of the person who wrote it and forget about it. Not sure why the Pres gave the letter to the PM, except maybe to file it in the h/o's file.

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