Right to Know Violations of Others

Question:

I believe our board is selectively sending out cure notices on silly issues to some and not others. I thought that architectural and other violations had to be recorded in the minutes. I asked the board to follow uo on a number of violations that I see. the response from the board is they wont let me know what they are doing about my complaints because of confidentiality concerns. Is that right?

– Chris

 

Answer:

Hi Chris,

The HOA board is not required to disclose information regarding the violations of others. However, the HOA board must also enforce the rules in a consistent and fair manner. If there is selective enforcement, it can be argued that the rule is unenforceable. The first thing you should do is approach the HOA board and manager about it. If that does not work, you might want to remove the problem board members. You may do that by referring this previously answered question: https://www.hoamanagement.com/ask-an-hoa-manager/removing-an-hoa-board-member-in-alabama/

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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