Private information

I have a H/O that wants to see all violations and fines sent out to every H/O in their neighborhood (including H/O names and addresses). I do not feel comfortable giving out this information. Can I keep this private or do I have to give it to them because it is a non-profit corp.? In TX. Thanks,

This really has to be dependent on state laws I would imagine.

But remember that an HOA is not the same as a public institution like the police department with public records.

In our HOA we publish the number of violations, and the types and the status (number of open and number of closed and total amount of fines collected), but not the names or addresses.

Obviously, if we are involved in a lawsuit with a resident and that information is requested, then we would likely have to provide it as part of discovery, but not until or unless that happens do we provide that sort of detail to individual residents.

And we never ever provide any information on who reported what and when. We only provide how the report was obtained (face-to-face, phone, email, letter), and that it was confirmed or not confirmed by a board member. At that point, the board member confirming becomes the "reporting" party.

The only time we ever get into who or where the original complaint may have come from is when or if the situation escalates to a lawsuit. In that case, as in one we had a few years ago, we may sometimes need depositions from neighbors. In that case, obviously, the names of those involved are open and public.

But until such a time, we do not provide that information to residents as a matter of course.

Review your state laws and do only what is allowed.

Publishing this type of info. will deter others and save time, paper, and other costs in correcting them (copy cats).

Eventually there will/could be little or nothing to publish.

Kevin,

As a board member I would not want to give this info to a member. However, I would be bound by what my gov. docs say and also state law. Most assn CCRs/bylaws state a member has the right to see the records of the assn. Some states have open meeting laws which outline topics that are considered confidential and can be discussed in a closed (executive session), if this info is stated as being confidential then it cannot be given out.

Bottom line: you must do whatever your gov docs and/state law require. If there is nothing in either addressing this issue then the BOD may adopt their own rule regarding giving out this type of info.

Robert,

Actually the only issue here is the privacy of those who have received violation notices. Some may be later appealed because they were sent in error so if those were provided to any member it could cause some problems. However, if it isn't against the gov docs or state law to provide this info to a member then the BOD would have no authority to withhold it. As a board member I would like to know why a member would want to have this info, but of course, he may not be obligated to inform the board of this.

The AZ HOA statutes state that certain records may be withheld from the members. One of the exemptions is: "Personal, health or financial records of an individual member of the assn."; therefore these records could legally be withheld from a member. Incidentally this is also one of the exemptions in the open meeting law that allows a BOD to discuss delinquencies and violations in a closed session.

Florida which has a very 'liberal' open records policy says "The official records shall be maintained within the state and must be open to inspection and available for photocopying by members..."

However, if a homeowner asked our Board for information about fines, violations, etc. I would suggest that he/she would have to do the data collection on his own.

We have no 'record' that shows all violations. The may be discussed at committee meetings, Board meetings, etc. With the open record policy, we would make specific records available upon request. So, if a resident wanted to see the last 12 Board minutes, we could make copies - at a cost to the resident.

While I understand that much information must be made public, there is no need for the Board to compile data in order for a resident to gain information which probably is not pertinent. Part of the role of the Board is to protect the interests of the Association.

That is how I would handle the request.

Peter, I think your conclusions about how your would handle this request for records is reasonable, and certainly should serve to satisfy most people, maybe not all but, most. So, no disagreement there.

Your "Part of the role of the Board is to pprotect the interests of the association." Pet peeve of mine, sorry.
But have you considered that the MANDATE of the Board is to protect the associations. Any decision, or action by the Board must be given the "Mandate" test. Is this for the good of the association?
Just a comment.

AZ does allow a member to view and copy assn records, but not these records. Our records statute is very explicit -- "personal, health or financial records of a member of the association. . .including records of the assn directly related to the personal, health or financial information about an individual member of the assn" may be withheld from disclosure. Since the statute says "may" be withheld, I suppose the board could decide to give out the info this person has requested; however, they could be subject to a lawsuit from any person whose name and address are on the list. IMO, the BOD would be wise to not divulge this info. I'm speaking of the AZ statute; I don't know what TX statutes say or even if this is addressed.

Absent of anything in the gov docs or state law addressing this, as a board member I would not divulge this info. Informing the inquiring member of the number and type of violations and what action is being taken is one thing, but to provide names and addresses of the violators is quite another. I definitely would not give out that info as I see no good reason for justifying it. By wanting the names and addresses of the violators, IMO, this member is up to no good!

Glen,

Perhaps, but I don't know that that claim holds up in court. I know of cases where the judge ruled that the assn was entitled to notice the plaintiff of a violation even though several other members supposedly were not noticed of the same violation. Oftentimes there are circumstances in place that may make it appear to be selective enforcement but it really isn't.

Mary,

What if the H/O has documented proof that violations are being reported, but selectively sent by the BOD?

We are having a problem in my HOA where a member of the BOD is personally contacting 'friends' and 1) telling them that they were turned in for a violation, 2) telling them WHO has turned them in and 3) not actually sending them a violation. However this same board member is sending violations to others with excessive fines attached. This is leading to personal attacks on residents as well as destruction of property that cannot be proven.

Would LOVE to...but he is on a 3 year term and last meeting they re-arranged the terms of current board members to help 'stack' the board with friends.

I will be bringing up at the next meeting that the terms cannot be shuffled according to our bylaws.

This isn't the first time he has done this either. He sent me a violation (for a rule that didn't even exist, I was able to get the board to admit to that at the last meeting) and yet residents that I don't speak with, knew about my violation before I even received it in the mail.

Besides adding an amendment to allow board members to be removed for acts of ethical violations, the only option for us is a petition to call a special meeting which will need more than 50% to remove him from office.

Christina,

Are you in Montogomery Co? If so you can file a complaint with the Commission of Common Ownership Property (don't know if that title is exact). However, you must have proof that selective enforcement is indeed happening.

With regard to this board member, since he has several years left on his term of office, the members can get together and petition the BOD for a recall. He definitely should not continue to be a board member as he is not acting in the best interests of the assn. When a person becomes a board member they must put their friendships and family connections aside and treat all members equally. If one cannot do this then they should not be on the BOD.

Christina,

If I'm not mistaken the MD Homeowners Assn is only a source where you can get info on HOAs and answers to your questions, just like we are on HOA Talk. IMO, they do not have authority to adjudicate HOA complaints. Please correct me if I'm wrong.

However, since they are in MD someone should know exactly what the State laws are and what the procedure is to remove a board member if it isn't outlined in your assn documents.

Good luck!

ChristinaR,
There are other ways of communication except door to door. I suspect you have none in place as that would be counterproductive to what you saying is being forced on the owners. Since you are looking to to make some changes, consider a web site, lots of potential there for communication, newsletter is good. start a community pot luck, card clubs, or Bar b que. Anything to get people together and sort of push them to talk about the association. So many entrenched or non-functioning boards believe if they don't hear anything, everyone is happy. The opposite is true, you should hear folks talking about your association and Board and management and landscaping, etc. Works better that way.

Regards your effort to have stuff approved by the majority of the people at a meeting is likely to be challenged in some areas. If you are going to adopt amendments or covenants changes, you must solicit all members and probably have some kind of absentee voting. You are setting up to maybe adopt something that effects all and only a tiny number of people decide. You will quickly devide your active members if there is a vote for a controversial issue and say you adopt something with a 6 to 5 vote. I could have misread your post, but it looks like slippery ground to me. All that you change or adopt as a board must be pre-considered with the good of the association in mind, at the present and into the future. And be careful you don't adopt something with the idea if you don't like it, you all can change it. Once adopted these things just seem to pass on from one board to the next with no real consideration for changing times. Lots of stuff just is done because it was done in the past and some boards are quick to accept that because it means less work.

When I was on the board (I resigned due to harrassment from said board member and his spouse), I attempted to have a Community BBQ, but I could not get it to pass a vote. The HOA is in the process of putting up a website, however, they would be in control of it, not me. We have 5 courts throughout and my court is in constant communication. We all hang out all the time. Every month I put fliers on the mailboxes to update residents on the things that are happening at the meetings they don't attend. I encourage them to attend to stand up for their rights, but most of my neighbors work in the city and by the time they get home to their families, the last thing they want to do is come to an HOA meeting.

I won't lie, I make sure those fliers catch attention. I don't lie on them, but I make sure that it shows them the truth. We have a huge problem with delinquencies, and the board hasn't sent anyone to legal in 11 months. They have however gone hundreds of dollars over budget to send warning letters about petty violations, some for rules that don't even exist. And now he is starting to send letters with excessive fines! This month's flier focuses on the fact that the board could be hindering the sale of your home. Since FHA loans can be denied based on the delinquency rate of homeowners in an HOA.

I also try to focus on the positive things that can happen if you come to a meeting, but unfortunately with this board member, most of it is negative because of the way he handles things. He's an in your face, my way or the highway, I know what the rule 'says' but here is what I think it 'means' kind of guy. Two additional board members are ready to resign because of him, one tow company has already quit, and the management company doesn't want to answer any calls from him. They specifically asked for a liason so they wouldn't have to talk to him.

Maybe I'll try to get with some neighbors and put on a BBQ of our own.

Christina,
Of course have a Bar b que, and don't limit it to your court.

Concerns Website, while at the Cook out try and get someone to set up a web site separate from this one the Board is messing with. Be careful, do not name it anything like the one the Board has or is trying to get, Call it something different. If you are right in this matter Christina, you and your neighbors, meaning all owners, have two choices, you can put up with it or you can change it. The rest of this stuff is just rhetoric. Really it is, what you are doing is not working. I don't care who is doing what, if you all are concerned, change it. All the obstacles are just that, nothing more, they don't change the fact, you can get rid of this guy by the owners power invested in your documents. Just be smart, be persistent, be accurate, stick to it. When you all put up your website and you all have a town meeting called a barbeque and you get ten or so owners willing to go to a board meeting and speak their piece and calmly state they are not going to allow this to happen and if the Board will not change it, the people WILL change the board. No anger just calm rational thought, get some others to stand up and calmly endorse the position and proceed to do it with a recall of this whoever.

Cracks will open and you all just need to keep creating more cracks. What you are telling us he is doing is improper. And DO NOT try and hide anything, and absolutely no personal agendas, yours or anyones. You do this for the association because that is exactly what you attested you would do when you signed on.

Everett, Christine and all,
This Maryland Laws have been discussed a few times here. Use the search feature on this page and see what you can pick up in archives. Seems a lot of stuff there. Just type in Maryland.