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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Just what is involved in filing an injunction against an owner?
We have an owner who interefers with Board Business. (Last time this happened, this owner called the boss of a plumber who was working in our laundry room and complained that the work good.)
We are going to have resolutions and one is dealing with owners who interfere with Board Business as this owner has done more than once.

When this owner called she did not give her name so the plumber's boss assumed she was the buidling manager who had ordered the work done.
CarolR11 (Colorado)
Posts: 2,563
Posted:
For starters, as you were advised by this forum not long ago about this women (your "Chief Complaining Officer," I believe): Let all of your contractors, supervisors and their offices know that they must not speak to anyone from your HOA except __________ (fill in the blank).

A resolution could work too. Make the rule following your governing document's procedures, and simultaneously specify the fine for one violation, future ones etc.

Sorry, I know nothing about injunctions.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Injunctions are orders issued by a court, usually prohibiting a person from doing something or requiring him/her to perform some act. Not all courts have the jurisdiction to issue all kinds of injunctions.

In Arizona, for example, a Justice Court may issue a couple of specific common place injunctions while the Superior Court has jurisdicition to issue more complex injunctions. If you were in Arizona, I would suggest that an officer of your association go to the local justice court and apply for an injunction to prohibit harassment.

Since you are in Nebraska and I have no idea of what kind of relief is available there or from what courts, I would suggest consulting your association's attorney.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Bonnie,

As Larry pointed out, injunctions are court orders. Typically this must be done in a court higher than small claims and requires an attorney.

Based on your previous posts, I expect that this isn't for a rule infraction or violation of covenants. Therefore, it's likely that the Association will have to bear the full cost of this litigation.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 04/08/2012 12:38 AM
Bonnie,

As Larry pointed out, injunctions are court orders. Typically this must be done in a court higher than small claims and requires an attorney.

Based on your previous posts, I expect that this isn't for a rule infraction or violation of covenants. Therefore, it's likely that the Association will have to bear the full cost of this litigation.


You might try visiting your local municipal court to see whether they can issue an injunction. In Arizona, the injunction to prohibit harassment can be issued by any city or county court and is done so at no charge. The person seeking the injunction has to write out a description of what has happened, the judge issues the injunction, the police or sheriff serves the injunction, and the respondent may then request a hearing. My point is that relief may be available at little or no cost if you know where to find it. What relief may be had and at what cost will vary greatly from one state to another, but interpersonal conflicts are common and most states have some means readily available to deal with them without breaking the bank.

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