The Association’s governing documents define the standard of living residents may expect in our community. These documents were designed to protect the rights of each owner and/or resident; however, they cannot replace courtesy and the need to communicate with each other.
Before filing a complaint with the Westcliff HOA Board of Directors, take the time to have a personal discussion with your neighbor. Neighbors talking together in a non-threatening, pro-active manner achieve quicker and better results.
Also, please bear in mind that board members are volunteers who are elected to oversee the business of the Association. It is not the purpose of the HOA’s Board of Directors to mediate disputes between neighbors, except in so far as such disputes involve violations of the Association’s rules.
Often as we go through our daily lives, we are not always aware of the impact we may have on the people around us. With this understanding, be sure to observe common courtesy with regard to noise in your unit and in the common areas between the hours of 10pm and 6am turn down the sound on your television and stereo, ask your guests to be quieter, operate appliances during reasonable hours only, close your doors and windows, speak quietly in common areas, etc. Your neighbors will thank you for it.
Homeowners may always contact the Knoxville Police Department for assistance, if deemed necessary. If continued complaints are presented to the board, the directors will consider the situation as a nuisance and will act accordingly. Please note, disrespect to other owners/ residents/ guests is not acceptable and is considered a nuisance.
Request/ Complaint Procedures
All complaints must be in writing and submitted to the management company and/or the HOA board of directors. When making a request or filing a complaint, please provide sufficient details:
· Identify and describe the problem or request
· Provide the date, time, and location of occurrence(s)
· Who or what was involved
· List any others who may have witnessed the situation
· Describe your efforts at trying to resolve the situation
· Provide any additional information you consider pertinent
· Provide photos or any other documentation
The board will review all requests/ complaints to determine if a violation of the Rules & Regulations or Bylaws has occurred and if the matter requires board action. If it is determined that the request/ complaint is really a Neighbor-to-Neighbor Dispute and no violations have occurred, then the board will expect unit owners to work together to resolve their problems.
Resolving Disputes
Neighbor-to-Neighbor Disputes are outside the jurisdiction of the HOA board of directors and typically, do not entail a violation of the Rules and Regulations or Bylaws. More often, they are a nuisance complaint based on living habits or onetime incidents that are best addressed between the two parties.
a) When a dispute or complaint is brought to the attention of the board, regarding interpretation of rights under, or enforcement of, the governing documents, the board shall, at its next scheduled meeting, discuss the complaint or dispute and make a reasonable business judgment decision based upon the particular facts as to whether or not it constitutes a Neighbor-to-Neighbor Dispute. A Neighbor-to-Neighbor Dispute is a dispute or complaint lodged by one resident against another which, in the board’s determination (at its sole discretion), does not impact the common area (e.g., parking, noise, pets, etc.).
b) If the board finds that the complaint or dispute constitutes a Neighbor-to-Neighbor Dispute, it shall notify the parties of the Neighbor-to-Neighbor Dispute of its decision.
c) The parties to the Neighbor-to-Neighbor Dispute shall be required to use best efforts to submit their dispute to either the applicable law enforcement, judicial, governmental agency or Alternative Dispute Resolution (ADR) for mediation or arbitration. See https://tncourts.gov/courts/supreme-court/rules/supreme-court-rules/rule-31-alternative-dispute-resolution-mediation. For ADR, this may be accomplished by the complaining party serving the other (responding) party(s) with a request for ADR in accordance with Tennessee Supreme Court Rule 31, which offers mediation for fast, inexpensive resolution.
d) If the board determines that a complaint involves a violation of the any
Governing Documents for which Association action is required, then the board will proceed in accordance with the Association Notice and Hearing procedures, described below.
Violation Procedure
If the request/ complaint constitutes a violation of the HOA’s governing documents, then the Board will authorize the issuance of a violation letter to the non-compliant party asking that they correct the violation immediately.
Hearing
If the owner fails to come into compliance, then a disciplinary hearing notice will be issued to the unit owner at least 10 days prior to the scheduled hearing. The notice will contain:
· The date, time, and place of the meeting,
· The nature of the alleged violation for which a member may be disciplined, and
· A statement that the member has a right to attend the hearing, view the evidence of violation, and present a defense, including his/her own witnesses and documentary evidence.
Disciplinary Hearing Process
A hearing is a fact-finding session to determine if a violation has occurred and if a fine will be levied against an owner. It is the owner’s opportunity to discuss the violation directly with the board and to present any extenuating circumstances.
Hearings are held during executive (closed) session of the HOA board of directors to preserve the owner’s privacy. The board agrees to always treat owners with respect and asks the same of owners toward the Board. Due process is followed. “Due process” is procedural fairness in the Board’s decision— making process. The elements of due process include: (i) giving the accused notice of the alleged violation; (ii) providing a reasonable opportunity for the accused to provide a defense (this may include the Board asking questions); (iii) knowing the identity of the accuser; and (iv) giving the accused an opportunity to examine and refute the evidence (if any). If owners wish to bring witnesses (including tenants) to the hearing, they must notify the board in advance in writing.
Hearing Results
Once the hearing is over, the owner is thanked for attending and the board deliberates the merits of the case in private. Its decision is recorded in the minutes of the meeting, and owners are notified of the board’s decision in writing, by personal delivery, or first-class mail within 15 days following the action.