Acknowlegement of Anonymous Complaints to HOA

Started by AnnN1 • 5 replies • 4379 views

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AnnN1 (California)
Posts: 1

Posted:

While there are alot of procedures and codes written about annonymous homeowner complaints against other homeowners and keeping thier idenity annonymous, I cannot find any codes which addresses the HOA's acknowlegement of "annonymous complaints" directed to the HOA Booard of Directors.

My questions:
1. Does a HOA have to acknowlege an annonymous complaint?
2. If so, how could they validate it is legitamate?
3. If a complaint against the Board is directed to only one of the Board Members and wants to keep thier identity annonymous does that particular Board Member have to keep the homeowners identity annonymous or can they share to the other Borad Member who the homeowner is so that the issue can be reviewed?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ann, I'm confused. An annonymous complaint is a complaint by someone that wishes to remain unknown. So when it is received, no one knows who wrote it. A complaint that the writer requests to be annonymous is a consideration that whoever received the request has to make. So there are two issues, what the complaint is and who wrote it. Certainly the Board is under no obligation to consider unidentified complaints, but I daresay some boards will take them very serious. Any complaints submitted to the board about a board member or anything else that does not identify the writer should be trashed. There are circumstances a board might look into something like this but I am sure a board will not come out swinging if all they got was an unsigned letter or whatever.It seems to me it is what ever the board decides to do, as long as it is not illegal or against the covenants.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

If it ain't signed and dated ..... it don't exist.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I don't know what the problem is.

Our HOA is not the only entity I know that accepts anonymous complaints.

Our local municipality's Zoning and Code enforcement accepts anonymous complaints.

When a complaint is received by a board member, all we do is record how the complaint was received: email, phone message, face-to-face or USPS mail.

We then assign a board member to validate that the alleged violation exists.

If the board member cannot validate or verify that the violation exists, the complaint is closed.

If the board member can validate or verify that the violation exists, then the request for compliance process begins.

We not only accept anonymous complaints, but our process also strips off any identifying information regarding the person filing the complaint.

The board member who verifies the complaint as valid then becomes the person-of-record filing the complaint if the process escalates (if the violator does not comply and we have to escalate to a lawsuit. The board member -- or board members -- who verified and validated the complaint are then the ones who are deposed or who take the witness stand at trial).

It's pretty easy to validate/verify a complaint.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Michele,
I don't know that there is a problem. I think the thought of the OP was to get some opinions. You pretty much agreed if there is no verification the case is closed. Others think the person making the complaint should be identified. Our documents say (no lie)that if one neighbor has a complaint about another neighbor they should try and resolve the issue before bringing it to the Board. Your system says if I got a complaint because my neighbor above has a herd of elephants up there, and I send the Board a message about this, a Board member will step up and knock on my neighbors door and if there is a couple elephants there, he informs the guy they are making too much noise and he is responsible for making the complaint, and he can hear them from three blocks away. I certainly believe we have had a few rare board members that might do a one on one complaint, but nearly all walk the other way if they see someone violating the covenants. If you have any extra bold members consider us if they decide to move. But, I also do not believe for a minute that all complaints to the Board end up being identifed, I expect the Board has to use their discretion.

I really think your board members are the exception rather than the rule...........more power to them!

SusanW1 (Michigan)
Posts: 5,202

Posted:

It's up to the Board to determine if this is even within the HOA's jurisdiction or even enforceable.

Since - as my favorite saying goes - you can't answer every barking dog, assigning a board member to validate the complaint before it becomes board business is the best way to go.

Michelle's post is a good guideline to follow.

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