THE CODE OF CONDUCT - IS IT TOO STRICT?
Commentary
Revising the Code of Conduct in the Resident Handbook
UPDATE April 2022
'Code of Conduct' regulations for Homeowners in our community have been revised by a Special Committee. Any discrepancies have been corrected but the code still creates limitations and intrudes on residents' rights. There really is no need to have strict 'Code of Conduct' rulings for residents in our community of responsible adults. It was originally conceived for the staff and employees, but has been adopted to also pertain to our residents.
The commentary below was written prior to the changes made to the code, in April.
The Code of Conduct is Being Used as a Weapon.
“Attorney Jonathan Dessaules and I are in full agreement that so called 'Codes of Conduct' are bad for any Board or Community because of the issue of who determines a violation. They are most often used as a weapon against anyone disagreeing with those in power and adds no real value to the community or the Board. Value standards documents are good as long as they cannot be weaponized and simply establish expectations without enforcement.“
- Dennis J. Legere / Arizona Homeowners Coalition / Principle Advocate / HOAtruth.com
The Impact on the Community
'Code of Conduct' rules have the potential to destroy relationships and have the ability to create an environment where people are not comfortable being themselves. As an example, did you know that swearing on our community grounds is not permissible? But after all we are all adults. Who doesn't swear from time to time?
A complaint can be filed against you and it can happen to anyone. The punishment enforced could suspend your privileges to use our facilities like the gym or attend your favorite clubs. Such penalties that cause social blacklisting can be detrimental to the well being of a person or persons.
The Information in the Code of Conduct - Is it Clearly Defined?
Dec 2022 Update Note:
The following discrepancies have been re-evaluated and corrected since the Special Committee to oversee the 'Code of Conduct' had been formed.
The 'Code of Conduct' in our Resident Handbook seems to be poorly outlined. It is disbursed over four other documents and is difficult to find or clarify. Its various rules are found under all of the following:
* BOD policy ADM-#005 - a short paragraph on page 5, tucked into several pages of architectural infraction pages.
* Page 5 of the Resident Handbook and Bylaws Section 2.3 and 2.4.
* There is a Golf Handbook for infractions on the golf course. You could potentially lose your membership and paid-up fees.
The information needs to be complete, comprehensive and all contained in one place. There is no procedure listed and no steps to follow to file a Code of Conduct complaint either, and if you receive one there is no protocol for defense. This has left room for bias and mistreatment. The administration handles Code of Conduct complaints and there has been a history of them occurring.
Accounts of Code of Conduct Violation on Residents
We have had 'Code of Conduct' complaints filed within our community directed at several residents recently. They were reported by people in leadership positions. There have also been several complaints filed agains a particular board member. Civil communication and mediation techniques in these situations, is always the more appropriate solution to any issue.
REPORT FROM A RESIDENT
There was a Code of Conduct violation complaint filed against my husband by a (now current) Board member which used video footage from our security cameras as evidence. However, it was not a consistent video stream, it jumped significantly and was missing pertinent footage information that would have granted my husband innocence. Was the footage perhaps edited for convenience? This video footage was used to crucify him without even having had one conversation with him to discuss the complaint. His penalty in return was too severe and uncalled for. This practice is indeed alarming. Why would this not happen again to other residents?
Now there's been a Code of Conduct violation complaint filed and approved against a stroke victim. We currently have 10 Code of Conduct complaints on file, all involving past and present Board members. It is significant that Code of Conduct complaints filed by Board members against residents were passed and approved with penalties in very unfair manners. But the other complaints filed against Board members by residents were completely dismissed and ignored, even with valid evidence. Is there a pattern here?
The problem with this methodology of using these Code of Conduct complaints, especially filed by Board members against residents, is that they are, what lawyers are terming as 'abusive tactics'. Since the Board does not recognize this as an issue, people are loosing trust and confidence in them.
Now there are plans to replace our video security cameras with audio cameras, but audio is not needed for identifying theft. So what is the motive for adding it to our security cameras? To spy on people? To catch, report and file these Code of Conduct complaints? Why do we, the residents need to be so extensively monitored and controlled? Last I heard, we live in America.