Board Members being Accosted in Public

I would think that written racial comments would be considered a threat or crime and should be reported to the police. Maybe a restraining order; or some type of fine could be issued through the association for being a nuisance if in your documents.

i hesitate to believe that Washington has no laws about threats, verbal harassment, or simply assault (which is anything non-physical). I would suggest you research the laws on verbal abuse, hate crime, racial slurs, assault, libel, etc., and I am sure you will find a crime that fits.

I do not think any american over the age of 12 can live an average day without comitting something "illegal" under some law or another, so i doubly doubt that someone can harass you, yell, scream, threaten, etc. without being guilty of a dozen.

Perhaps removing the board members from performing this duty and hiring a tow company could abate the problem. If you are managed by a management company, the board should consider having this a part of managements' duites. It is always difficult when it becomes homeowner against homeowner (even if it is a board member) when a neutral 3rd party is involved the board would have a barrier.

Really? No laws about verbal assault? Nothing on threats? I can threaten to kill the governor of Washington, graphically describing my pleasure in the act, promise to cut his family into small pieces and throw them through a wood chipper, and there's nothing the state can do about it? I can yell and scream and shout at him, his escorts, the police officer, rant and rave and make a scene, and there is no law being broken?

I gotta move to Washington.

I've got to wonder also. The west coast can be pretty strange but I would expect better citizen protection than that.

Ron the State of Ohio redid it's condo act a couple of years ago and allowed BOD's to add this to their By-Laws:

To initiate eviction proceedings, pursuant to Chapters 5321 and 1923 of the Revised Code, to evict a tenant. The action shall be brought by the Association, as the Unit Owner’s Agent, in the name of the Unit Owner. In addition to any procedures required by Chapters 5321 and 1923 of the Revised Code, the Association shall give the Unit Owner at least ten days written notice of the intended eviction action. The costs of any eviction action, including reasonable attorney’s fees, shall be charged to the Unit Owner and shall be the subject of a special assessment against the offending Unit and made a lien against that Unit.

PWells

I want to go back to fundamentals in a civil society. Regardless of what may be written in the CC&Rs, a board member is not a policeman, and the board does not have the authority to designate someone else as a policeman. Similarly, the board is not a court to assess guilt or innocence, and assign a penalty. In fact the courts in two states have so ruled. See discussion after Right #9 "Right of Notice and Stability in Rules and Charges" in a Statement of Rights I have posted at
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The problems described by PWells are inherent in CC&Rs that seem to authorize board members to be legislators, police, prosecutors, judges, juries and assessors of penalties. What gave developers the right to do this? Why take dumb actions just because developers' attorney wrote dumb provisions into the CC&Rs? As many people have pointed out including James Madison in the Federalist Papers, this scheme is fundamentally wrong, and creates abuse, anger and worse.

While it costs more, the remedy to use is the circuit court which maintains the separation of powers. Everyone should have his/her day in court, not before an unqualified volunteer board — often behind closed doors. The board is obligated to enforce the CC&Rs, but has a choice on the method of enforcement. Use the courts. Preserve separation of powers.

My recommendation is that a board member should not hang tickets on vehicles or residences they don't own. Doing so implies the board has police powers, even though no board member is trained in being a policeman. Rather, the violation should be documented with pictures and witnesses. Then a courteous violation letter can be mailed to the owner providing the facts related to the violation, and requesting immediate corrective action. Maybe even a second one that is more stern is appropriate if corrective action is not taken, but only after documenting a second violation.

If corrective action is still not taken, file the lawsuit against the offending property owner and seek an injunction. Then it will be the court and not the board that weighs the facts and evidence, interprets the governing documents, decides on the validity of any rules, decides guilt or innocence, and assesses the penalty (most likely an injunction). The offending property owner will have his/her day in court. Maybe the board would be more careful about documentation and handling of violations if they had to explain their actions in public in a court of law. In some states, openness is called a sunshine law. When the light is turned on in a dark room, the cockroaches run for their holes.

Yes, it costs more for each case. But professional handling and willingness to let the decision be made in court will lead to more voluntary corrective and preventive action by owners and more trust between the board and members. Everyone is guaranteed his/her day in court before being fined or assessed other penalties.

Don, your idea is excellent in theory, but I see it is impractical and next to impossible.

First of all, to expect that owners who will fight the board over violations will comply with threats from an attorney of a lawsuit is, in my opinion, not based on reality. It doesn't bother this type owner that the board can place a lein on the home for non-payment of fines. And they would not be bothered by an attorney's letter. The response, if any, would likely be, so sue me, and I'll sue you for harassment. I actually believe that fines by the HOA and a lein work better.

Attorneys would be rediculed by the judges for bringing a ton of violations for garbage cans left out too long, shrubs not trimmed, house paint peeling, cars parked in illegal spots. So the respectable attorneys would never take these items to court so they don't suffer the wrath of the judge.

The attorney fees would be astronomical so the dues in a HOA would soar to an unacceptable amount so the owners would rebel and amend the bylaws.

The insurance rates would soar because for each law suit there would probably be a counter suit. With several losses in court the insurance company would drop the coverage.

Our compliance committee has recently stepped up the inspections that had been lacking for a long time. Within a week there were 50 parking violation letters, 10 trash violations and 5 other types. Assume that 2/3 (43) of them were corrected, and the remaining 1/3 (22) required legal action. It would be counter productive for board members to have to spend time with attorneys dealing with all the legal evidence that would be required, and incurring the expense for the HOA. I'm not even going to guess how much it would cost in legal fees to go through this maze, even if only 5 or 6 ended up in court.

Most people react to fines of $25 to $100 and as they seem them doubling, will correct the violation. A very few of them will ever let it get to the lein stage, and those would also fight any attorney attempts.

The argument about unprofessional board members being judge and jury is a valid one. However, we are not dealing with DNA evidence where experts are required, and case law is involved. We're dealing with homeowners who simply think the rules are not meant for them, and they will park their car where they want to, and leve their garbage can out as long as they please. Usually it's the MC that makes these inspections and they are neutral. They are not going to issue phantom violations to "get at" someone. They would prefer to see a harmonious commuity, the same as all reasonable board members would prefer.

I'm agree Gloria, we have a board member that patrols our community in military uniform 4 times daily.