REPORTING RULES VIOLATIONS

Q: Our association requires residents to report rules violations in writing. Many residents, however, are hesitant to do this--they're afraid of retaliation, they don't want to get involved in a dispute, or they don't want to rat on their neighbors. Instead, they complain the association isn't enforcing the rules. Most residents want to report violations in secret--verbally--or they want the association to solve the problem for them. How can we motivate them to report rules violations in writing?
--Ambler, Pennsylvania

A: Enforcing association rules is a difficult task. The board has a duty to enforce the rules, but, as in your case, it often gets little or no assistance from community members who are reluctant to report violations by their neighbors.

It is difficult, if not impossible, for the board to identify every rule violation on its own. Therefore, member assistance is vital to effective rules enforcement. Here are some ways to motivate community members to report violations:

Educate the community. Effective rules enforcement always begins by educating community members--through newsletters, bulletins, and community meetings--on the rules and their purpose. Homeowners often do not understand the importance of reporting violations. Let them know why the rules exist and how they improve the community.

Also, invite community members to participate in a periodic review of the rules. Greater community input and understanding can reduce violations and motivate residents to get involved in the enforcement process.

Allow anonymous written complaints. Residents should be allowed to submit anonymous written complaints. However, the board must also inform community members that anonymity may limit the association's ability to enforce the rule.

For example, boards frequently must rely on an eyewitness to enforce a violation. If Johnny Violator cut down a tree on common property without board members present, then the board cannot independently verify that he cut down the tree. However, if Joe Homeowner saw the violation, he could identify Johnny as the violator to support enforcement action. If Joe remained anonymous, the board could not rely on his report. Therefore, signed complaints are often necessary. The association may even need Joe to serve as a witness if the association takes legal action against the owner.

Even if Joe is not willing to be identified, his detailed complaint still could provide helpful information to verify the violation. For example, he may identify the tree cutting contractor's name from the side of a truck. But in most cases, signed complaints carry more weight than anonymous ones.

Don't promise anonymity for signed complaints. Another problem comes when an association obtains a signed complaint, but promises an owner anonymity. State law or association bylaws may consider the signed complaint to be an association business record, subject to inspection by the alleged violator, destroying anonymity.

Verify reported violations. The board should take enforcement action only after verifying a violation. That way, if a resident anonymously reports a violation, such as an unapproved utility shed, the board often can verify it without involving a neighbor. In many cases, however, the board will not be able to verify violations without resident assistance.

Make it simple. Reporting a violation should be as simple as possible. One way is to create a violation reporting form to distribute or make available to residents. The form should provide space to describe the violation and identify the violator. It should request a signature, but permit anonymity with a disclaimer that the board may be unable to verify and act on anonymous violation reports. The key is to make it easy for residents to report violations.

The association should make it clear that it often must rely on signed complaints. Still, it should encourage detailed anonymous complaints if residents will not sign a complaint. Communicating how the enforcement process works and that, without help from the residents, the process will break down is the best way to encourage people to report violations.