Sometimes a complaining witness wants to be anonymous to avoid a confrontation with the person who violated the rules. To hold a disciplinary hearing and fine an owner based on anonymous testimony would be a violation of the accused owner's due process rights. Without any evidence of a violation, disciplinary hearings cannot be held.
Verification of the Violation. Witnesses may remain anonymous and hearings still be held if the association can independently verify the violation, i.e., through a security camera recording, an employee's first-hand report, a board member verifying the violation, etc. If an association can develop sufficient evidence on its own, then the neighbor's identity is no longer needed for the hearing and does not need to be revealed to the accused. If an employee, security officer or managing agent is the "witness" to the violation, they need to be at the hearing to provide testimony of the violation.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.