Legal Question in Business Law in California

Privacy of HOA complainant

I live in a development with an HOA. I want to make a complaint about a neighbor who is violating a CC&R rule. He has been told before by the HOA inspector to clean up piles of lumber stored in his front yard and he has not done so. (1st complaint was made a year ago, when complainants were anonymous) The chairperson of the complaint committee told me that the rules have changed and that if I want to re-submit my complaint, the ''Davis-Stirling Act requires that the accused be made aware of the identity of the complainant, provides for the accused to have an opportunity to cross-examine the witness, and provides the accused with an opportunity to examine and refute the evidence against him/her.'' She cited Civil Code 1363(h), Civil Code 1363.05(b), and Corp Code 7341(c)(3) However, I do not want them to know my identity because I fear retribution. Do I have the right to maintain my privacy in the complaint?


Asked on 9/14/07, 2:23 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Privacy of HOA complainant

I've just read the code sections (for the first time) and they seem to address due-process and open meeting requirements. Neither specifically requires that a complaint by a member to the board identify the complaining member. It seems to me that this is like tips to the police about crimes. Sure, the police would prefer tipsters to identify themselves and be available as witnesses at trial. But if someone tips them off about a plot to blow up a dam or invade a school with weapons, the cops still have a duty to investigate and intercede. By analogy, I would say the HOA has a duty to investigate and act on reports by members, or maybe even non-members. In any event, I don't read either of those Civil Code sections as having anything to do with the way in which violations are reported; at most, they give the HOA Board guidelines for handling them after the Board has been notified and made an investigation. If the violating pile of limber is sitting there is plain sight, I'd think the HOA Board should act on its own initiative.

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Answered on 9/14/07, 10:42 am


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