QUESTION: Is it acceptable to identify serial complainers who seem to fashion
themselves as self-appointed rules police? We have two such officious meddlers who
frequently single out other homeowners for perceived rule violations. It doesn't
seem fair for them to remain anonymous while stirring up the HOA.
ANSWER: I’m not aware of any law that prevents an
association from reporting in its minutes or newsletter that a particular owner
lodged complaints with the board. It should be noted that, as part of
due process requirements,
accused owners have a right to know who their accusers are.
Disciplinary Hearings. When it comes to disciplinary hearings against a member, the
witness (the accuser) must appear at the hearing and testify against the accused
unless the association independently verified the violation, i.e., through a
security camera recording, a security officer's report, a staff member, etc. If an association can develop sufficient evidence on its own, then the informant's identity is irrelevant and does not need to be disclosed.