Anonymous Complaint - Violation Hearings

Sometimes a person who wants to make a legitimate complaint wants to be anonymous in order to avoid confrontation with the person who is allegedly in violation of the CC&Rs and/or Operating 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 should not be held.

However, witnesses may remain anonymous, and a hearing may still be held if the association can independently verify the violation through security camera recordings, photographs or other reliable evidence. If an association can develop sufficient independent evidence, the neighbor's identity is no longer needed for the hearing and does not need to be disclosed to the accused. If an employee, security guard, or managing agent is the "witness" to the violation, that person will need to appear at the hearing to testify about the violation.

If a board member is a witness to a violation and intends to testify, he or she must recuse himself or herself from voting to fine the accused.