Legal Question in Administrative Law in California
Rights on viewing a letter of complaint
I own a condo in San Diego and have a dog that is over the 20 pound weight limit here. I received a notice that a letter of complaint was received by the office, saying my dog is over weight, and I was being fined $100 plus $25 a day that the dog was still here. The dog has never bothered any of the neighbors, never barks, and we pick up after her. I did a petition of the neighbors 20 units up and 20 units down, saying that the dog has never bothered anyone and is well behaved. Also, of those same units voting that they think the weight restriction should be removed. I am meeting with the general manager tomorrow morning and am going to ask to see the letter. I am confident that the complaint was from a security guard, who is not a resident here. He stopped me while walking her a few days ago and was asking what unit I'm in and is very strict on the rules. However, in the Condo's Handbook or rules, the complaints must be from residents. My question is: do I have the right, legally, to see the letter of complaint, in case she says it's confidential. Also, being that there are dozens of dogs bigger than mine, do they have the right to single my dog out? If this is in the wrong category, please direct me to the right one.
1 Answer from Attorneys
Re: Rights on viewing a letter of complaint
Yes, you have a right to the details of the complaint against you. What do the CC&Rs and/or bylaws state>? The handbook is just a summary; get the basic documents and read them. Then you will know exactly what the rules are. Then I would do this all in writing, just as you received a written notice. Don't just have casual conversations unless you have a friend as a witness.