Rebellious Homeowner

we have an uncooperative homeowner in our community that refuses to follow any of our rules and regulations. They are constantly in the office screaming and threating us with lawsuits, stealing, etc. However they are months behind in paying their assesments and refuse to pay. The community is constantly calling enforcement due to domestic violence, child neglect and among other things and situations. What can we do with a homeowner like this, that just comes to BOD meetings to disrupt and wants to have a shouting match, which we do not comply.

You follow state law and then your HOA's policies on collections to entice the homeowner to make his/her account current. The homeowner blustering is a smokescreen. What goes on inside the homeowner's home is the matter of police, if necessary, and not the HOA board of directors. Keep it simple, legal and focused on the part of your board. The rest will handle itself.

Annie

Do not allow nor get the HOA into play police.

The minute they cross any legal lines, call the police. If they are harassing the office folks, pull a restraining order on them. Disrupting meetings, pull a restraining order on them. If they are stealing, call the police and press charges.

If they are behind in dues are there any services you can deny them use of like pool, exercise rooms, cable TV, etc.

Again, let the police do their work.

The person still has their rights to communicate to their HOA. So an injuction doesn't exactly help the situation. Instead I would request all responses or inquiries be made by writing. It is also to be understood that ANY letters one submits are OPEN to ALL members/BOD. They will be read outloud and be part of the open meeting process. Now they can be edited or paraphrased by the BOD President for time saving sake if they are long. However, they should be allowed to be reviewed. There will be NO privacy on such letters. (Except for those that involve collections or legal matters.)

Change your meetings procedures a bit to control such outbursts. Having these letters read instead of addressing the board in person may help curb some of this. They can still attend the meeting but no input other than the letter will speak for them. This way they will not be threatening about NOT being able to communicate to their HOA but also allows them to show everyone what your all dealing with. Still the office should call the police when it is across the line in threats. Otherwise respect the opinion but limit the source of getting it...

Annie - I believe Roberts Rule addresses this situation. The chairman can always ask the homeowner to leave or he can close the meeting or the Board can take a 5 minute recess to let the homeowner cool down. Hope this helps.

Wrong!

An injunction does not terminate his rights to communicate; only his right to attend and disrupt the meetings. He can send a representative and/or write letters.

As to state law requiring the meeting to be open to members, the courts have the power to limit the owner's attendance due to his behavior. The privilege to attend is not absolute and disruptive people can lawfully be refused admittance.

Carol

Many people only read part of something and stop. Like:

FL statute 720.303 (2)(B) states the following.
(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.

They never see:

FL statute 720.303 (2)(B) states the following.
(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.

Hope this helps all.