Violations
Hey Dennis,
Are violations subject to a records request? My take on it is they are not per 33-1805(B)(4).
Thanks,
Dave
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Dave,
While most associations claim that violation are confidential because they are personal information. But that cannot be any further from the truth. CC&R and rules violation must be visible from the street by anyone with a knowledge of the covenants or rules. As such they are public information and not personal in any way. If challenged they will be proven as such in any court of law. Personal information would be something like sexual orientation or marital status or social security numbers or even e-mail addresses, but not violations. They make this claim in order to deal with violation in executive session behind closed doors so that their abuse of power and selective enforcement practices all happen behind closed doors. As further proof of this reality in 2010 a fifth exception to the open meeting law which included the contesting of a violation notice by any homeowner desired that testimony to be held in closed session. If violations were personal information and allowed to be discussed in closed session based on closed session exception #3 there would be no need for exception 5 at all. But the law recognized that the homeowner may want to reveal truly confidential information in the hearing and must be allowed the opportunity to do so at his/her discretion.
This practice currently and clearly violates the open meeting laws in a broad-based manner based on the incompetence and total indifference to the law by association attorneys or community managers.
I will work to clarify this statute to eliminate this total illegal abuse of power by these associations and their advisors.
Dennis