Access to information on violations
Do members of an HOA have a right to see what violations have occurred among the members of the HOA? For example, a line list of each lot, the specific violation, and the amount of any fine?
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John
The answer that I give you as truth will not be the answer that your association will give you. Any and all alleged violation of community documents is public information because it is observable by anyone with a knowledge of the governing documents simply walking down the streets of the community. Fines applied by any association based on this public information is also public information of significant importance to the community members. The association will claim that both of the alleged violation and the associated fines are personal information and not subject to records request. This is being denied to hide the actions of the board or the community manager plain and simple. It allows selective enforcement and retaliation for any opposition to the official positions of the board. It is nothing but a true abuse of power.
Having said all of that what you asked for is a complete listing of these occurrences. The problem is very few if any association maintains such a list and because of that the association is allowed to deny that request. Records of the association are what they actually have as a record they have no obligation to create a document that does not already exist. Because most association maintain all such information electronically does not require then to produce the report that does not already exist in use by the association. If the board requested such a report and it was provided to them than any individual could then ask for the report as a record of the association. The single most litigated section of the Condominium or planned community statutes is the record request. For many reasons, that I’ll not go into here.
Dennis