Anonymous Comment: Access to Information?

The following comment was posted anonymously on July 28, 10:41pm. It referred to my post of July 28:

""I'll post further information on this particular issue, as it becomes available. However, Association financial information as it applies to individual unit owners, or fines, are treated as confidential matters by the Association, the Board and the Management." Than [sic] as a BLMH owner I am very concerned that you have access to such information without being a board member. Care to comment."

Here is my comment:

I find it interesting that "Anonymous" was concerned that I might have access to privileged information. No such concern was stated about the unit owners who brought up this topic and presented the information to me and to others. "Anonymous" didn't ask how those unit owners got the information about a purported “fine”!

I want to point out that the title of the blog post was “Rumor of a Large Fine is Inaccurate”.

Most association information is a matter of public record. Certain matters, which are discussed by the Board of Managers during "executive session" of Association meetings are not available to others, and that includes to me. I have verified this with legal counsel.

However, a unit owner may speak with other unit owners about any matter in which they are directly involved. It is their choice. Once something is discussed in public, it can then be passed from unit owner to unit owner, as apparently occurred with the "$157" item. Anything discussed by unit owners in public becomes a matter of public information, or "disinformation". Anything that is discussed during open session of the Association meetings is a matter of public record.

I did not broach the subject of the "$157" item. Other unit owners broached the subject, standing in the driveway of a nearby unit, and they presented their opinion about this and of management and the board. I was not the only unit owner present at the time. Based upon their comments, I think it is reasonable to assume I am not the only unit owner with whom this item was discussed and this information was probably passed to others.

Question: How much is discussed outside of Association meetings by unit owners, or groups and how much of what is discussed is passed as "information" by various unit owners?

As I have stated frequently in this blog, a great deal is discussed during the portion of Association meetings which is open to unit owners. This includes maintenance and related items, unit owner concerns, opinions and complaints, and special projects, etc., etc. I continue to suggest that unit owners attend Association meetings. I realize most of us have other things to do and these meetings may be an inconvenience. It's a choice.

I should point out that some of what is presented at Association meetings by unit owners may be opinion. It may also be political in nature. Reference: the ROC documents circulated by the ROC, some of which have been published here.

I will post additional information, if and when it becomes available.

Rumor of a Large Fine is Inaccurate

Several days ago, while talking with neighbors, I was advised that a large fine had been levied on another resident at BLMH. This was purported to be $157 for a BBQ left on the grass, or so the neighbors stated. The Director of Rules and Regulations was walking by and she was asked how the Board could allow this.

Her response was that she was unaware of the alleged "fine" and she stated that it simply did not make sense, and that even the amount seemed strange. Violations are usually noted with a letter, but occasionally preceded by a verbal warning. After the letter is issued, if not corrected in a reasonable time, an initial fine is levied. Failure to pay or continued violations will result in increases in the fines as the amount of each is ratcheted upwards. She stated that she was unaware of a violation, of a letter or a fine. The initial amount of the fine is relatively low, as the goal is to encourage compliance with the rules.

The Director of R&R agreed to check into this. After she departed, the discussion with the neighbors continued. They were skeptical of management and stated so. They felt this was another example of "injustice" at BLMH. They stated that the person who was fined was experiencing a health issue, and stated in effect that they felt the Association should take this into account when enforcing rules. However, they agreed that the amount seemed strange and stated they would talk further to the individual who had been allegedly "fined". The conversation devolved into a re-hashing of the truck incident. The tractor portion of a tractor trailer had been towed off of the property several months ago. This, they stated was "unjust". etc., etc.

I have since been informed by another resident that the amount was not a fine, but was a charge for services. To explain, it is not uncommon for certain types of work by contractors which includes common elements and unit owner responsibility to be billed to the Association. In such a case, the contractor bills the Association and the management, in turn, bills the unit owner for their portion of the work. In essence, the Association makes a short term "loan" to the unit owner, who then repays the Association for the money advanced to the contractor. For example, this is the approach that is being used for the "dormer" style windows which are being replaced as part of the roofing projects.

I'll post further information on this particular issue, as it becomes available. However, Association financial information as it applies to individual unit owners, or fines, are treated as confidential matters by the Association, the Board and the Management.