complaints by neighbor

[wayne-o]

What is the name of your state? I live in a PUD which has a homeowners association. I have been fined based on complaints received made by a neighbor(s) which are not true. Since as a member of the homeowners association I am allowed to view all business associated with the HOA. Should I be allowed to view the complaints or at least be informed of the specifice dates/times supposed violations occur. The property manager says no, that they do not pit neighbor against neighbor. Any thoughts... should I be able to get this info....Im pretty sure that if they sued me.....which I would prefer not to let it get that far that they would have to produce it in discovery.

[LindaP777]

Originally Posted by wayne-o

What is the name of your state? I live in a PUD which has a homeowners association. I have been fined based on complaints received made by a neighbor(s) which are not true. Since as a member of the homeowners association I am allowed to view all business associated with the HOA. Should I be allowed to view the complaints or at least be informed of the specifice dates/times supposed violations occur. The property manager says no, that they do not pit neighbor against neighbor. Any thoughts... should I be able to get this info....Im pretty sure that if they sued me.....which I would prefer not to let it get that far that they would have to produce it in discovery.

What state are you in, wayne?

[wayne-o]

oops.....I am in Tennessee sorry about that

[Paddy Reagan]

Regardless of where you live, it appears that you've been denied due process. Most state statutes that legalize the existence of condos, co-ops, and HOAs, provide procedures for such organizations to set rules and fine members who ignore them. Almost universally, these procedures include formal notice to the alleged offender and an opportunity for a hearing, usually before an impartial committee appointed by the board of directors.

Even with state statutes in place, it's likely that the governing documents of your HOA must provide authority and procedures for the fining process. If you've not been presented with a formal complaint, given an opportunity to correct the problem, and notified that a fine may be imposed, I suspect that someone in your HOA isn't playing by the rules.

First step: Know your rights. Find your copy of your HOA documents. Search for the section that permits the association of levy fines. If procedures were not followed (which is highly unlikely if you don't know when the violation occurred) then you must decide how to proceed. You may choose to challenge the board directly. But, if the fines were significant, you may wish to discuss the issue with an attorney that specializes in your state's HOA law.

[wayne-o]

thanks so much for your response. I went through my ccr's and the board is allowed to levy reasonable fines. They sent out a notice in early november saying that they were adopting a fine policy. I am entitled to a hearing according to the CCR's which also say that they were to notify me of such in the communication imposing the fine. We are not talking about a huge amount of money yet ($50) However im am dealing with a board who wants to selectively enforce rules. I will ask for the hearing and see where it goes. BTW the violations they say Im guilty of are not true however, the HOA will not tell me who is making the complaints. I believe since it is HOA business I am entitled to know.