Confidentiality of complaints

Our HOA (residential gated community) allows homeowners to file complaints 'verbally' to board members with the expectation their name will not be released.

Example: It is now being discussed and rumored within the community that a homeowner demands all American Flags/any flag be removed from any residence.

Many feel this type of demand should be in writing, signed and to the attention of the board. The board is considering complying to this one complaint in fear of a potential lawsuit. pleaseeeeeeeeeee I know what your thinking

Your thoughts please or how you may have handled. Thanks

Please note:

The Freedom to Display the American Flag Act of 2005 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest.

Gail,

Is he one of those ***** guys who wants Tennessee to secede from the union? Gotta wonder.

There's a difference between a "request" and a complaint/violation. This sounds like a request. (I agree with others that the actual request is probably illegal.)

A Board Member can accept requests regarding proposed rules, action items, etc., if he chooses, and bring them up with the Board. That's well within his rights and it is up to the Board Member if he wants to reveal who or how the request came about. The Board Member can make a motion and, if he gets the votes, it gets done. It doesn't matter who had the idea first or what source the idea came from. And, unless you have some crazy Bylaws, paperwork shouldn't be required.

Also, a homeowner can stand up in an open forum and suggest the Board take some action, too.

However, if it is a complaint/violation, then the accused has a right to know their accuser. For example, if you have an existing rule against flying the flag and Bob complains that Joe violated the rule and Joe takes down his flag before anybody else noticed or witnessed it, then the Board can't fine Joe unless Joe gets a hearing in which he can know that Bob reported him and "cross-examine" Bob. Bob would also very likely have to file a formal complaint. If it is an ongoing violation, many HOAs will have a Board Member go out and witness the violation so the Board Member can become the official complainer and not have to involve/reveal the homeowner that brought the issue to the Board's attention.

This has all been covered in other posts before.

Perfect Donna !!!my thoughts exactly,we are on the same page. We are new to this area and new to HOA's...so glad to have found this websight.

I would like to toss out that the word "anonymous" can be viewed in two ways:

A caller can complain anonymously
a caller's complaint can remain anonymous.

Many agencies, government and private, allow completely anonymous 'calls' and complaints. However, the effectiveness of those complaints is generally poor, for a variety of legitimate reasons.

Most agencies will protect the anonymity of their complainers, if asked. however, they get the names of the person, contact information, reply information, etc.. they just don't pass it on.

Mary,

I cannot understand why documentation is not a very important part of any complaint, suggestion or suggestion in order to protect the Board for any possible litigation down the road. The Board has the responsibility to insure that they have in fact dealt with any communication coming from a member. Put it in writting. It is not that big a deal to ask for validation of anything coming to the Board.

Kelly,
Amen!

Gail,

If it is the BOD's resp to enforce the covenants they don't need a written complaint from a member to justify their actions. If the board acted on a "supposed" violation solely because a member sent in a written complaint would not let them off the hook if they ended up in court over it. In other words just because a member tells the board to do something doesn't let them off the hook if what they do is wrong!

The main point is that any complaint should be verified by the BOD. And the board shouldn't need a written complaint for them to enforce the covenants. I don't know why a board wouldn't accept a complaint no matter how it was given -- verbal or written. But, if the BOD is bent on requiring a written complaint then they should let the members know that the source will be kept confidential, unless the CCRs and/or state law requires otherwise.

Donna,

The only documentation that should be required should be from a board member noticing the violation. In other words, any complaint received should be verified by a board member b/4 a violation notice is sent out. So it doesn't matter if the BOD was given a complaint by a member verbally, in writing or not at all. And, how does a written complaint protect the board if litigation were to happen "down the road"? Do you think a judge would rule that the BOD had no authority to enforce the CCRs because they didn't receive the complaint in writing? And, where in your CCRs does it say that the BOD has a responsibility to deal with all communications from a member? I know this isn't stated in mine. I agree it's not a big deal to require all complaints to be made in writing, I just don't think it's necessary. The city doesn't require complaints of code violations to be made in writing. If there was some legal reason for requiring this I'm sure the City Attorney would demand they change their procedure of taking verbal complaints.

Bottom line: if a board wants to require complaints to be made in writing, so be it. I just don't think it's necessary unless that is the only way they will notice violations and they are not going to verify that the complaint is valid. I also think that if that is their modus operandi they better hope they are never taken to court over a violation notice that turns out to be bogus!

Kelly,

I thought the subject of the thread was written complaints for CCR violations. Complaining to the BOD is another story. I agree any complaint to the BOD, other than a complaint of a CCR violation, should be made in writing or should be made in person to the BOD at a board meeting. As a board member I would just ignore any verbal complaints made to me and not even mention them at a board meeting.

Thank you , you are correct Donna..
I appreciate all your views
and strongly support that all
complaints not already posted
in the rules or bylaws should
be made in writing and signed.