When Owners Behave Badly – Scott Roth, CMCA, AMS
A community’s homeowners may not always agree with the HOA’s decisions. There is always a remote possibility that a homeowner would behave irrationally, even though the conclusion is typically disappointing but courteous.
The following advice from an association management business might help you control owners when they go out of control if your association has made decisions that have upset some homeowners.
What Is Considered Unacceptable Behavior
What constitutes improper conduct on the part of the board and the members it represents may be specified in the bylaws of your association. Take some time during a community meeting to discuss what behavior from homeowners and board members is and isn’t acceptable, in addition to having these standards in the Association documents.
Property owners have always a right to object to or disagree with a board’s decisions. However, there is a clear-cut boundary for when behavior becomes excessive, such as:
- Defamation
- Obscenities
- Insults
- Use of Violence Threats
- Authentic Violence
Send the Offender a Letter
Having your association management send the offending party a HOA Violations Letter is the first step in defusing a tense situation. Include these crucial points in the letter:
- The harassment has made it difficult for you to carry out your duties as a board member.
- Specific regulating documents are being broken by the member.
- If the behavior continues, there is a chance for disciplinary hearings, costs, and legal action.
- Alternative polite methods the community member can make their argument.
If a Letter Doesn’t Work, Go to Court
Typically, a when an offender receives a letter from the board or association, the harassment ends. However, if harassment persists even after fines have been imposed and enforced, it’s necessary to seek assistance from the legal counsel in your neighborhood.
If letters just serve to worsen the issue, you have the following legal options:
- Involve the police
- Request in court a civil restraining order
What Happens if a Board Member Is Misbehaving
There are various actions the other board members should take if a member of the board descends to the level of their own harassment.
- Bring up your association’s documents to them.
- Make time to talk it out and defuse the situation.
- Impose fines or perhaps even a temporary suspension as punishment for them.
Your Board may have to force the member to resign if all other measures fail.