This page describes procedures, and clears up some common misconceptions, regarding how the Association handles rules violations and neighbor disputes. For the most comprehensive information, you should also review the governing documents of the Association (CC&Rs, Rules and Regulations, and other operating rules).
Filing a Complaint
All reports of rules violations must be in writing, which includes e-mail. Only members, and not tenants, may file a complaint. Include as much detail as possible, including the exact date/time. Explain which owner you believe is responsible and why (personal knowledge, observation of the rules violation in the unit, best guess, etc.). Send all photographic, video, or other evidence you may have.
You may request to remain anonymous, but this will only exclude your name, and the accused may figure out who filed the claim anyway based on the details of the accusation (such as date and time of the incident). A member accused of a rules violation has a right to review these details, so that he may raise a proper defense at his hearing with the Board.
Do not report rules violations at a Board meeting. That's not what Board meetings are for. File reports through the managing agent at any time.
Remedies and Limitations
The only routine rules enforcement measure the Association possesses is to impose monetary fines for violations. In extreme cases, where kinetic action is required (such as entering a unit to perform repairs in cases of long-term neglect which impact the common areas), the Association will generally need to file a complaint with the Superior Court to get a court order to authorize entry. This can be a lengthy and expensive process, but the Association will pursue it when necessary to protect the integrity of our buildings and ensure quiet enjoyment by its residents.
Please note the Association has no authority to restrict or expel owners, nor to evict renters, regardless of the noxiousness of their behavior or the extent to which they violate rules.
All fines are imposed on the responsible Association member (unit owner), even if the violation was committed by a tenant or guest. If you want your tenant to reimburse you, that is between you and your tenant.
When rules violations by other owners or their residents or guests affect your quiet enjoyment or well-being, the Association remains limited to taking action against the responsible owner as described above. The Association will not get involved in any interaction or demands between you and the violator, nor will it provide advice to one member on how to deal with another, so as to avoid the appearance of taking sides in a dispute between neighbors, or of giving legal advice.
The Association has a formal policy regarding neighbor-to-neighbor disputes, which you can read by clicking the link.
Hearings and Fines
If you are accused of a violation, you are entitled to a hearing with the Board of Directors before the Association can impose a fine. These will be scheduled the same evening as our regular monthly meetings. You will receive a letter at least ten days in advance advising you of the date, time, and location. You may attend in person, submit a declaration in writing for the Board to consider in lieu of an in-person discussion, or request postponement for good cause.
The hearing will be in executive session, meaning you will be alone with the Board and any agents the Board or the President deem should be there. You may bring witnesses (such as your tenant if your tenant is the one accused of the violation).
Privacy
Members are entitled to privacy for disciplinary actions. Association Directors, officers, agents, and employees will not discuss with you what actions have been taken against another member, even if you are the one that complained about or is affected by the rules violation. If a problem with a member escalates to the point the Association files a lawsuit, this will be announced at an open session meeting, as it is public record.
Noise
Making excessive noise is a violation of rules, subjecting the perpetrator to fines. This includes barking dogs, loud music or parties, loud shouting, banging or thumping, and excessively noisy construction, even if the construction is authorized, permitted, and done during normal hours.
While certain government agencies will respond to certain types of noise complaints, the Association will not file such complaints on your behalf.
On occasion the Association receives complaints from lower-level residents about their upper neighbor walking heavily, stomping, jumping, or dropping items on the floor, and/or having a floor that does not sufficiently dampen sound. These are violations of the rules, which will subject members to fines. However, it is very important that you properly identify the source of such noises before confronting your neighbor in an acrimonious manner or filing a complaint with the Association. You should know that, due to the design of our buildings, the sound from a person thumping the floor loudly in a first-floor unit can travel up the wall between that unit and an adjacent unit, continue across the ceiling, and then emit a distinctly percussive noise on the ceiling of the adjacent unit, which will sound unquestionably to the occupants of that unit as if it came from the unit above. The Board has seen multiple cases where a first-floor resident accuses the neighbor above of thumping the floor where the resident above did no such thing, and it can lead to each party wondering if the other is insane.
Liability for Damage
If a neighbor's action or inaction caused injury to your person, damage to your personal property, damage to your dwelling unit, or any other harm for which you want restitution, you must pursue your claim directly with your neighbor. While the Association may be imposing discipline or preparing a court case against your neighbor as a result of the same actions that caused your damage, the Association is only responsible for recovering costs for repairing damage to the common areas and enforcing the CC&Rs generally. Suing or threatening to sue the Association for the actions of your neighbor is tremendously counterproductive, and the Association will vigorously fight such actions, to include pursuing reimbursement from you for unnecessary legal fees you may cause the Association to incur, increase in insurance premiums as a result of your lawsuit, etc.