L.W. from Hartford County writes:
Dear Mister Condo,
Are complaints leading to rule violation hearings public records?
I recently conducted a hearing. The person subject asked to see the complaint and who made it. We were unsure if it should be public and our Manager could not answer the question. Can you give us an answer?
Mister Condo replies:
L.W., neighbors bringing complaints against neighbors within condo associations is never a good thing. It can create animosity between neighbors and can lead to retaliation from disgruntled offenders. However, when rules are broken, often the only way for the Board to take action and correct the offensive behavior is when a resident complains. I asked a community association attorney friend of mine for some further advice. Here it is:
“Yes, a complaint made against a unit owner becomes part of that unit owner’s individual file, and he or she is entitled to see it on request. It is also a record of the association generally which every unit owner is entitled to see. In fact, if the Board members are looking at the complaint during the hearing itself, state law requires that the Board also have enough copies available to distribute to every unit owner who happens to be attending.”
I hope that helps and I hope that your residents start behaving in such a way that no further complaints are made. All the best!