QUESTION: When a homeowner files a complaint against a neighbor for a violation of the governing documents, is that homeowner allowed to know the results of any disciplinary action?

ANSWER: Members don't have a "right" to know the results. Unlike the public court system where almost every detail of every criminal and civil action can be published, HOA disciplinary actions are usually private.

Executive Session. Although the Davis-Stirling Act allows disciplinary hearings to be held in an open meeting (unless one of the parties objects, Civil Code §1363(g)), most are held in executive session as provided for in Civil Code §1363.05(b). Doing so reduces the potential for claims of defamation, infliction of emotional distress, etc. Minutes of  executive session hearings are not subject to review by the membership. Civil Code §1363.05(d). Moreover, withholding records of disciplinary actions is specifically provided for in Civil Code §1365.2(d)(1)(E)(ii).

Reported Generally. Even so, it is allowable to report in open meeting minutes and in the association's newsletter something generic. For example, "During the month of April, disciplinary hearings were held for the following violations: (i) dog not on a leash that resulted in a warning, (ii) nuisance noise from a late night party that resulted in a fine of $75, and (iii) a parking violation that resulted in a fine of $50." This kind of reporting keeps the membership informed without identifying the persons involved.

Possible Exception to Privacy. If the person being disciplined represents a foreseeable threat to the community, the board may have a duty to warn the membership. For example, a member who set likes to set small fires in the common areas or has been vandalizing properties. That duty may be satisfied by publishing the board's findings in the newsletter. Boards should consult with their legal counsel on such issues.