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.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
