possible assault by owner

Started by JamesB22 • 7 replies • 1327 views

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JamesB22 (California)
Posts: 19

Posted:

Hi everyone. i posted on this forum a few months ago, and am now returning for some new advice. i'm the pres of a 48 unit hoa. at the last bod meeting, an owner who asked to be reimbursed for a repair was told it would be considedred for further action later. he came back to the exec. session after the gen. meeting was over and basically physically and vocally threatened the board. what can we do to short of calling the policy to protect ourselves against this kind of behavior? thanks Jim in San Diego

CarolR11 (Colorado)
Posts: 2,563

Posted:

Well, JamesB, you actually may need to call the police since he physically threatened the Board.

I understand what "verbally threatened" you means. But what do you mean by "physically threatened"? Waved a Padres bat at all of you? Or?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Other then treating the individual in a civil manner, the police is the only other option. If you get into a shoving match or start fighting, the police may be called on you.

I expect that you have the meetings in a home. If this is the case, this is what we do:

1) Initially ask the individual to behave in a civil manner
2) If needed, place the meeting in recess and the owner asks the individual to leave.
3) If the individual refuses, the police are called and a trespassing complaint is issued.

JamesB22 (California)
Posts: 19

Posted:

maybe "physically threatened" is the wrong phrase. let's just say that he's a big guy, not totally rational, and his body language was "intimidating". a previous board actually got a "retraining order" against him.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JamesB22 on 03/16/2014 4:35 PM

a previous board actually got a "retraining order" against him.

If the restraining order has expired, get a new one based on the incident you describe. If the old order is still in effect, look into filing charges based on violation of that order.

In AZ we have various restraining orders that can be issued through the justice, municipal, or superior courts. There are specific criminal charges that the police may arrest the person for if they have reason to believe that he violated the terms of the order. Look into what you can do in CA.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Between Tim's #3 & #4, you could adjourn the meeting to a different setting--say, another director's home. (I believe this is a suggestion from davis-stirling.com--good for CA HOAs). Go there, lock the doors, and reconvene. But if there's been a restraining order against him previously, you may have to do it again.

Our Board gets asked for reimbursements several times a year. Owners know they must submit a receipt. We (the Board) mainly decide if the expense was the HOA's responsibility (we're a high rise condo) or the Homeowner's and make our decision accordingly.

Not to support his bad behavior, but what were the reasons for your Board's inability to make a decision at the meeting? The reimbursement request was on your agenda, correct? With the 4-day posted-notice requirement before open meetings in CA, didn't your Board have enough time to determine whether he should be reimbursed?

JamesB22 (California)
Posts: 19

Posted:

Since you asked about the circumstances, here they are: the owner asked to be reimbursed for repairs to his gate, which is the owners responsibility. their claim was the wall that supports the gate had shifted and therefore the hoa was responsible for the expense. the problem was they didn't fix it and submit a bill, they just got an estimate. since the board was going to pay for it, we voted to get another quote for the repair. that's when the owner went "postal".

CarolR11 (Colorado)
Posts: 2,563

Posted:

Your Board's decision sounds reasonable to me, James! You acted in the best interests of your HOA and all its members.

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