Problem Homeowner - Help!

Started by AnthonyC2 • 5 replies • 1893 views

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AnthonyC2 (Colorado)
Posts: 1

Posted:

Our community has a hostile Homeowner. This Homeowner used to be a Board Member before the entire Board asked him, half-way through his term; to resign for what was termed by every Board Member, including the President at the time; weird and volatile behavior.

This Homeowner continues to send letters and emails inferring or just plainly stating that the current board in incompetent, corrupt, rude and on and on. His letters and emails are ranting, insulting, ad hominem and have an intense anger about them to the point that some of the current Board Members have expressed concerns as to whether or not the homeowner is a danger to the community. His emails and letters to our property manager are even worse. They are bordering on harassment.

Our Board is very responsive and the community runs very smoothly. We have no financial issues, no special assessments and the Board Members run uncontested every election and it’s nearly impossible to even get homeowners to attend. We pay for a full audit every year and are given the highest marks possible every year. The HOA just successfully painted, did comprehensive exterior repair and re-roofed every building on the property with zero assessments.

So far the Homeowner is just a nuisance and provided you can ignore the personal attacks is basically uninvolved and pays his dues in full and on time. In spite of the Board having nearly 100% community support and constantly being thanked, the one exception being this Homeowner, the Board is tiring of the constant complaining and insults and threats.

Any suggestions are appreciated.

Our property is a 10-acre town-home community zoned as condos.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Stop hiding behind the HOA. There is a line between individual and HOA. This person is hiding or delusional about this. It may be time to get the police involved. They may charge him with harrassing comunications. I would advise keeping a copy of the communications. The police may give more advice by talking to them so they are aware of the situation. They may not do anything but talk to the guy until someone wants to press charges.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Anthony,

Start looking at the criminal code for your state to see if his conduct fits the definition of harassment.

The following passage is from the Arizona Revised Statutes and I quote it only as an example of what you may find in Colorado law:

13-2921. Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
1. Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
3. Repeatedly commits an act or acts that harass another person.
4. Surveils or causes another person to surveil a person for no legitimate purpose.
5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
6. Interferes with the delivery of any public or regulated utility to a person.
* * *
E. For the purposes of this section, "harassment" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By AnthonyC2 on 11/01/2012 8:20 PM
Our community has a hostile Homeowner. This Homeowner used to be a Board Member before the entire Board asked him, half-way through his term; to resign for what was termed by every Board Member, including the President at the time; weird and volatile behavior.

This Homeowner continues to send letters and emails inferring or just plainly stating that the current board in incompetent, corrupt, rude and on and on. His letters and emails are ranting, insulting, ad hominem and have an intense anger about them to the point that some of the current Board Members have expressed concerns as to whether or not the homeowner is a danger to the community. His emails and letters to our property manager are even worse. They are bordering on harassment.

Our Board is very responsive and the community runs very smoothly. We have no financial issues, no special assessments and the Board Members run uncontested every election and it’s nearly impossible to even get homeowners to attend. We pay for a full audit every year and are given the highest marks possible every year. The HOA just successfully painted, did comprehensive exterior repair and re-roofed every building on the property with zero assessments.

So far the Homeowner is just a nuisance and provided you can ignore the personal attacks is basically uninvolved and pays his dues in full and on time. In spite of the Board having nearly 100% community support and constantly being thanked, the one exception being this Homeowner, the Board is tiring of the constant complaining and insults and threats.

Any suggestions are appreciated.

Our property is a 10-acre town-home community zoned as condos.

Anthony:

I think your steps are the following...

1)I assume you have copies of all the letters and emails, if so turn them over to your local police and create a report.

2)Talk with your attorney about sending a letter which very clearly should spell out the behavior expected.

3)In that letter tell this person the board and property manager will no longer respond to any communication that is threatening, demeaning, harassing, vulgar, etc. Tell him those will be turned over to the police.

4)Be ready, he will either back way down and be embarrassed by his behavior or he will escalate it.

PaulT6 (California)
Posts: 409

Posted:

Anthony, been there, done that. We had a Member, BIG guy, long scruffy hair and beard, dressed in camouflage, threaten our Committee during a hearing. He said "if you xxxxxx people don't get off my back, I will get you". At that point I told him that I was sure the Committee understood his position and that that part of the hearing was over and asked him to leave. After discussing the incident with our General Manager I told him we would not have Mr. X in a hearing without our Security Manager, also a big person and ex law enforcement person, present. Fortunately, sometime later, Mr X moved.

We also had a Board Member, during a discussion with a Member, jump out of his chair, go over to the Member and yell "OK, let's take this outside and finish it". The GM then cleared the room.

Suggest you be very careful, there are a lot of loose cannons running around out there.

Paul T

BB7 (Missouri)
Posts: 23

Posted:

One thing the "Loose Cannon" is not always a member we have 2 that are on the board.

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