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
Dennis,
What if the total dollar amount of fines for each quarter is being entered into the financial report; that report should be available. Does it not seem logical that every line item should be able to be scrutinized and accounted for? How difficult would it be to fine a lot owner and pocket the money instead of reporting it as revenue? Shouldn’t there be some sort of checks and balances?
Bernadine,
Many associations have made the claim that fines and penalties are personal financial information and as such are confidential. That is totally and completely false. Fines and penalties have to be applied based on established policies and procedures and pertain to alleged violation of the community document that must be visible to anyone walking the community with a knowledge of the governing document. As such both the violations and the associated fines are public information that is important for every homeowner to understand. There is no other way for the community to assure itself that the board is doing its job fairly and equally across the community. You are all subject to the restrictions of the covenants but are absolutely entitled to understand how and that those covenants are being enforced fairly and equally across the community. I’m proposing legislation for introduction this session that will clarify and eliminate the abuse of this information for all communities.
While the issue you raised about pocketing fines and penalties is a possibility it is not the driving purpose for my legislation. Transparency in the conduct of business for these communities is of vital importance for the homeowners in these communities based on the fact that it is their money that pays for everything. The light of day is the most powerful tool available to these communities to prevent abuse of power or malfeasance. That is why these communities have open meeting laws and normal corporations do not.
Dennis