What recourse is there for a menacing homeowner in our "over 55" community ?

Started by RalphR1 • 4 replies • 1476 views

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RalphR1 (Colorado)
Posts: 52

Posted:

I am a newly elected director to our 7 member Bd of Directors. We have a most serious problem with one of our homeowners. What prompted me to write on this site is the fact that he was arrested again here in the community for breaking a restraining order with our office manager. He has been arrested several times for his behavior here and has accumulated fines totally $50,000 to date.

He has several "Million Dollar" law suits against both past and present "Board" members and other homeowners in our community. He goes throughout the community almost on a daily basis looking for issues that he can create a problem for the community, the board and/or individual homeowners.

He has become a threat to the safety and well being of the community through his harassing behavior and making it very uncomfortable for most of the homeowners.

We have a sizeable attorney's legal bill already and it keeps on growing. The board has made several offers to make a settlement with the individual so that he would drop his lawsuits and leave our community but he has refused them all. He's looking for a big "payday"!

The Board would like this problem resolved as quickly as possible(Its been going on for years in the courts), however his attorneys keep postponing court dates. I personally don't understand the court's behavior although he does go directly to the State Attorney General with his issues.

Has anyone encountered this type of situation? Is there a procedure to force this person to leave the community. I am thinking about the possibility of a class action or criminal proceedings. Please advice!!!!

SusanW1 (Michigan)
Posts: 5,202

Posted:

You don't have to answer every barking dog!!

Stop responding to his antics. Tell your attorneys to do the minimum about the suits he has filed. Hopefully, the judge will dismiss his suits as frivolous.

If not, then the HOA will pay.

I am curious as to what he is filing suit about. Especially since he has refused to settle.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The best advice I can offer is to look at each issue separably vs. all together.

If your concerned about safety, contact the police.
If they don't pay fines or assessments, contact your attorney and go through the process.
If you are in litigation, consult with your attorney and demand the case is heard (have you contacted your Insurance company so your D&O insurance will be involved?).

You can't force anyone to leave the community (as there typically are laws against that). If they are not paying their assessments, you might be able to file a lien and foreclose on the lien. Check NY laws and consult an attorney for more info on this.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Your HOA is making several mistakes in handling this issue. Your essentially growing your own monster. First off, you need to convey the fact that suing your HOA is suing yourself and your neighbors. So his dues are going toward paying the HOA's attorney to defend them against his lawsuits. He may not be happy with this information, but it's something he needs to be aware of.

Second, it is cheaper to Counter-sue than to sue. So I'd suggest just telling him it's okay to sue. When he does, just file a counter-suit for whatever amount of legal fees and expenses your HOA has spent. The counter-suit doesn't have to match his same claims. It's up to the HOA to prove it's case as well.

Third, make sure your HOA has the right to file fines. It may sound crazy, but not all HOA's have the right to file fines against members. It has to actually be written in your documents or meeting notes about fines and their amounts. Most states do NOT allow for liens/foreclosures based on fines. It is ONLY for non-payment of DUES that liens/foreclosures can be filed for. (You can add on late-fees, approved interest, and legal fees)

Liens/foreclosure are a better option than small claims court for the HOA. If he's not paying his dues, then make sure you have filed a lien. If that doesn't get paid in a certain agreed amount time, then the foreclosure process can begin IF he's an owner.

Keep in mind, people threaten a bunch of things. Think it through before making a knee-jerk reaction. What will the results be if they really did follow through with that threat? Then act accordingly to what those results are. Example: He threatens violence, he goes to jail. He threatens a lawsuit, let them sue and see them in court. Don't be afraid if you are in the right. Get a backbone and say enough is enough and we will see you in court when you get there...

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Ralph:

I think Tim has the best advice...seperate each issue and deal with it on its own. If he has become a menance to the neighborhood and it sounds like he has then the current restraining order you have is a good step and I would ban him from meetings based on that and his behavior. If it is an issue call the police and continue to let him dig his own grave in regards to his character.

If he has accumulated $50,000 in fines then you need to look at your options. I don't know the laws of your state, but ours allow us to lien and then foreclose on fines.

I think you need to have a pointed conversation with your attorney, he can still feed his family without sucking your guy's blood on this on, if his lawsuits are frivolous and have no merit you should not be spending a lot of money defending it. As Susan said do the minimum needed.

As far as getting him to leave you can't make him leave unless you can foreclose on his house in accordance to your docs. If he is already suing consider a countersuit for fines and attorneys fees.

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