Can a HOA get a Restraining order?

Started by NealN1 • 5 replies • 3726 views

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NealN1 (Washington)
Posts: 1

Posted:

Hi, is it possible for HOA to get an restraining order against non-residents who causing problems for the community for the same reasons an individual would request a restraining order. The difference being that its a HOA community that wants retaining order, not just one individual.

The non-resident comes to visit a tenant in one of the units, and when he is here, he causes problems other residents, disregards all HOA rules, breaks various laws, vandalizes property, etc, etc. These are issues local police consider trivial in terms of the larger problems they are dealing with on any given day. If we had a restraining order, that gives law enforcement something they can act on, otherwise its mostly items they consider to be civil, rather than legal. Even if he were to take a pee in the parking lot in front of kids, local police won't take action. They'll take action if he breaks into car, but only if there is eye witness.

Suggestions\ideas

Thanks

AugustinD
Posts: 5,144

Posted:

What has the HOA attorney said about this situation? My first impression: I think the HOA has an action against the owner of the unit, who then has an action against his or her tenant, said tenant being responsible for his or her guest. I expect the HOA attorney will say something like the following to the Board: List all HOA rules broken by this person. Have eyewitnesses write statements detailing the violations. Put all into one coherent document. Submit this to the owner with an instruction to cease and desist. Send this certified mail, return receipt requested. If this fails, then the HOA attorney should write a cease and desist letter on behalf of the HOA and go from there.

I think it is usual for the police to recognize the bulk of these situations as civil matters. However, if the non-resident is violating criminal statutes, keep a list of these statutes being violated, and contact your city councilor with your objections. My former HOA had one character routinely harassing directors and the business manager by phone. At one point our resourceful business manager cited a criminal harassment statute to the board and police, with a long log of the guy's phone abuses. The police became more involved, doing more visits to the guy's home, saying to the guy they were tired of it. Then the character got way out of hand with one of the directors, while the director was correcting an irrigation problem on the grounds. The director obtained a restraining order on behalf of himself. He also got the judge to declare the character was harassing the HOA, which I think does make a difference. Documentation is everything. The HOA board agreed to pay for the cost of the pro se action to get the restraining order for the one director. The guy quieted down a lot after this.

KerryL1 (California)
Posts: 14,550

Posted:

Don't have time to carefully read Augustin's entire reply, but it seems on target. The main point is to call the Owner to hearings IF you can prove the tenant's guest has broken your rules. Then fine the Owner if your documents say you can and you have a schedule of fines for violation of certain of rules.

Called to hearings enough and fined enough, the Owner will certainly pressure on the tenant and may even evict the tenant.

Call the police if this guest is breaking the law!

Are you on the Board, Neal?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Neal,

The answer to your main question is, "Yes. The association is considered a person for most legal matters and may seek an injunction or restraining order just as an individual might."

The bigger issue, though, is what can you enjoin? If a tenant in lawful possession of a unit invites someone onto the premises then the visitor is not in violation of any trespass laws. You would not likely be granted an injunction merely because he comes onto the property by invitation.

The other issues you describe, however, are grounds for issuance of an injunction if you have sufficient evidence and/or witnesses to prove your case. If no one is willing to stand up and say, "I saw him peeing in the daisies" then get used to having the flowers "watered." The association must, just like an individual, prove its case with a preponderance of the evidence.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Doesn't a restraining order have something to do with risk of imminent harm to another person?

Risk of imminent harm to a flower bed - Don't think that's going to fly.

Exposing self to children - Horse of a different color.

Sikubali jukumu. Read all posts at your own risk.

MarkM31 (Washington)
Posts: 351

Posted:

Can you trespass him?

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