Harassment / abuse by HOA member of Board member

Hi, All --

Forgive me if this topic is in a thread already, but the Search feature is not working as expected. I'm hoping to get some thoughts and feedback from other HOA board members and/or Presidents who have gone through this type of situation.

I'm fairly new to the role of President of our HOA. I'm in California, in case there are DSA sections or CVC that applies. Prior, I was a Director. During my entire time on the Board, I've been the subject of harassment and abuse by one member of the Association.

She has formally complained about my dog being over the weight limit. I have a waiver for the dog, as do many residents here because the current Board recognizes how antiquated the original rule of pets not exceeding 25 pounds was. And, we are currently working on revising and updating our CC&Rs. I abstained from voting on the approval of the waiver for the dog. She followed up her complaint with a "demand" that all of the documentation I provided to convince the Board to approve the waiver be made available to her under DSA. We had to decline the request because the documentation she wanted was not outlined in the documents available for inspection by the members.

She has come to Board meetings and spoken during open forum to rail against me for harassing her, unfairly imposing Rules against her, for not equally enforcing Rules she breaks against others breaking the same Rules. I'm not the sole arbiter or initiator of Rules violations. She broke several common area rules and was turned in by a neighbor. She mistakenly feels it is I who is driving this campaign against her.

She has told other residents that the Board is cracking down on dogs on the property and that she has been told she has to get rid of her dogs. She has said to other residents that I am the one leading this campaign and that I will be the only one allowed to have a dog after the Rules are changed. One of the people who heard this from her came to a Board meeting and spoke publicly about the false information.

She has made multiple complaints against people with children who draw on the side walk (common area) with side walk chalk. The parents responsible each washed away the chalk. The angry resident was adamant that this was tantamount to graffiti and was ugly and without proper notice to the parents, is unequal enforcement of the common area rules.

She has NOT made any other complaints about any other dogs on the property, just mine and in writing to the Association. In one public meeting, she described a large spotted dog as being uncontrolled and vicious. She said it was dark outside and this huge dog made her fear for her life. She never made a complaint. She has been greeted outside my door by other "very large dogs" with no mention from her about these dogs and being over the weight limit.

In an effort to defend myself, I sent her a cease and desist letter. Odd move? Probably. I wanted to put on the record that as a private citizen, I'm allowed to write her and engage her outside the purview of the Board when she attacks and harasses me. She took the C&D letter to a Board meeting and demanded the Board sanction me for abusing my power as President of the Association. The Board didn't take her seriously.

This weekend, she was here momentarily to drop off some personal items to her unit, and she immediately sent a complaint to the manager regarding my "very large dog" being allowed in the Common Area.

During it all, I've remained silent. I do not greet her on the side walk, in the parking area, I keep my mouth shut. In all Board meetings, where she has spoken during public forum period, I remain quiet. I've tried to stay above the fray.

I'm particularly annoyed (on a personal level) that she has made complaints about my dog, but none of the other large dogs that she openly admits to knowing about. She refused to respond to the C&D letter, calling it harassment and illegal. She even went so far as to call my credentials out in public, saying I'm acting like a lawyer (I'm a paralegal, have been for over 15 years. Sending C&D letters, conducting researching, writing memos, is all part of my daily job.) and that I should be jailed for abusing my title as a paralegal.

Aside from remaining quite, staying above the fray, is there anything I can or should do? Has anyone on this board been through something similar? What did you do? What was the outcome? Your thoughts are greatly appreciated!

Best,
Daniel

1. Obviously, what's going on has more to do with emotion than fact.

2. Re Prez asserting rights of ownership. You have rights sure. But you open yourself to attack when you assert those rights - It's not uncommon that you will be perceived as abusing your authority even when you aren't. Just human nature.

3. Re remaining silent at meetings. IMO not enough. You need to convince other directors to speak up whenever the issue is raised: "All decisions are decisions of the entire board" and "Directors abstain from voting in decisions that involve themselves personally." These statements can't be said too often. And they are never said by enough directors.

4. If the people who show up at meetings hear a consistent and believable message, then they will get tired of the complainer soon enough.

As with NpS, I agree that you need the rest of the board to support you at meetings. Perhaps your VP should be the one. NpS' #2 is especially wise.

As you know, in CA, open meetings require an open forum. Your board can vote to limit the amount of time for comments/questions. But you can and we do have a "Meeting Conduct" guide that's on the back of the agenda that Owners pick up when they enter. One of our guidelines is that during open forum, Owners may question policy, but may not personally attack other Owners, directors or our property manager.

If owners misbehave, we can ask them to leave the meeting.

Just because you're president you do not have to put up with abuse and personal attacks in public. It does NOT need to come with the territory.

Thanks. Her sporadic appearances at meetings where she's made her speeches about me have not been well received by those in attendance. She's been asked a few times, "What's your point?" and "I'm here for a real problem the Board can help me with, what about you?" So I see what you're saying. I will hope she continues to make appearances at the meetings with the same type of response from fellow owners.

>>If you had an issue you had to go to the meeting to address or write the board a letter of complaint. If you wrote the letter, it became record of the HOA and read outloud to all in attendance. We would vote on the matter and put it in the meeting notes. Didn't like it? Well then don't open up your mouth if you don't want it addressed.

This is also how we operate. We are a small Association, with only 136 units. Most people are quite happy and content to live here. Feedback year after year is that the Board does a great job.

We encourage attendance at meetings. The people who write letters to the Association are usually either venting because they got caught doing something wrong or have a personal request. When a resident comes to a meeting to speak to the Board, we explain that we may vote on the issue later during Executive Session, it may end up in the Minutes, the Minutes are public record, etc. Usually no one objects or if they do, they leave. I would hope they leave (or never write to the Association) because the fear of their issue being made public makes them feel small.

>>Plus my other rule: NEVER EVER submit an issue/complaint without a solution. Otherwise, the board is free and open to provide the solution they want NOT yours. It doesn't matter if the solution was the person wanted. We aren't in the business of providing a solution to your issue/complaint without a real resolution in the mix.

I agree! You come off a lot smarter and a lot more engaged if you come up with a solution rather than just writing to be heard. We had an incident once where a few residents were outraged at a tree trimming. They felt the contractor we hired was doing a poor job, so they wrote to the Board, then they came to a meeting to voice their concerns. They demanded to know why the Board never addressed their letters and the response ended up being that no solution was presented. The residents used their writing as a way to tell us what a poor job the contractor was doing. So when these same three residents showed up to their second meeting about the tree trimming, I threw out the idea of establishing a landscaping committee. They were in favor of that. We, per our CC&Rs, got two Board members to participate on the committee. The committee met a few times, but once the residents who were complaining got the idea of just how much personal time it takes to support HOA activities, they decided it was no longer something that interested them. Funny how that happens, right?

>>sorry, I misunderstood you, Daniel. I thought she had attacked you in open forum or complained about you in open forum.

She has, multiple times.

>>Different topic. It seems you have an Ex Sess. following your Open Meeting. But given that EX. Sess. agenda items must be posted 2 days in advance of ES, how is that you discuss matters that have just been raised in your open forum that just occurred? And how is it they're defined as of a confidential nature?

My description of it as an "Executive Session" is misleading. I don't adjourn the meeting and re-open it as a different session. After the Open Forum session concludes, we move on to the regular agenda items, which are posted a few days in advance. We casually refer to this, amongst ourselves (and the Manager) as Executive Session. Our meetings fall on Thursday, so we post the agenda the Friday before. Items included on the agenda are discussed and voted on, and this sometimes includes Correspondence. If a resident sends a correspondence to the Association and they come to the meeting to discuss it (rare, but it happens and it has happened with this particular resident), we discuss the letter under the agenda item and take action from there. I think our Board has gotten into the habit of calling it Executive Session because residents leave the meeting after they have spoken in the Open Forum. I can't recall a time when someone has stayed beyond Open Forum. Does that answer your question?

Now, I'm really lost, Daniel: If she's attacked you multiple times during Open Forum, why doesn't your Board craft new Decorum/rules forbidding such behavior??

Just my opinion, but in CA, executive session has a very specific meaning and refers to meetings where only confidential matters are discussed., Owners aren't permitted to attend.

Your bylaws say that your Board holds x # of "regular meetings" a year, perhaps four. If like us, you actually hold them monthly. These regular meeting often are called open meetings because Owners may attend them. "Open forum" is not a "session"; it's a prt of the g regult r meeting

Hi Daniel, you wrote this member to cease and desist, or you will consider seeking a restraining order yada for specifically what actions of hers?

If we are talking about her speaking at board meetings, respecting her time limit and giving the Board a chance to respond to her claims, I do not think you have a case. Even if it's a rant, the way to handle it is, (1) for repeat rants cut her off quickly and explain this has already been covered; then ask if she has any other claims to make; and (2) make her toe the line for the time limit to speak. Always require that anyone complaining at a board meeting cite the specific HOA rule that they claim was violated. Just letting people vent at times makes them feel like they have been heard. Thank any person who speaks for her or his input, always. Even if everyone loathes the person. If the Board is as courteous as possible, less energy tends to get expended by all on much ado about nothing, or on matters that the Board will not address further.

You say that the Board "had to decline the request because the documentation she wanted was not outlined in the documents available for inspection by the members." Are you saying that there are documents that the Board used in its decision to grant you a waiver for your 25 plus pound dog that the Board felt the member was not legally entitled to view? This sounds strange.

Perhaps the board and the Management Company have to learn to be a little more mechanical about responding to complaints? If the complaints are the same over and over and from the same person, then have the MC inform the complainant in writing that the HOA has no more to say on the matter, and, out of respect for the time of all, will not respond further to xyz complaint. The complainant can take it to court but otherwise, is stuck with respecting the rules for meetings.

Hi, Kerry --

Thanks for this exchange; it is extremely helpful to me!

>>If she's attacked you multiple times during Open Forum, why doesn't your Board craft new Decorum/rules forbidding such behavior??

Good question. I have requested more stringent rules, but there is no appetite among the rest of the Board to move forward. My hands are tied (?).

>>"Open forum" is not a "session"; it's a prt of the g regult r meeting

Yes, you're right and we do hold meetings monthly. Our agenda is structured like this:

1. Call to order
2. Open Forum
3. Approval of Minutes
4. CFO's Report
5. Manager's Report
6. Other Business - here is where we discuss fines, violations, approval of contracts, items for the newsletter, committee reports... When we discuss fines and violations, are you saying this is considered to be part of an official executive session because the items pertain to confidential information?
7. Adjournment

Best,

Holy smokes, Daniel! It looks like you're combining open mtg. item with Es items. Please review the HUGE difference w between the two finds of meeting in your Bylaws. If not there, go to Davis-stirling.com. these HOA Ca attorneys can straighten you out! Loke at Board meet ins on their Main Index.

Meantime, why the heck is your PM not advising you properly?? They have to pass courses and yours seems ignorant???!!

Some web sites suggest that landlords, HOAs et cetera have in their written rules a statement like: 'With one exception, no pets over 25 pounds in weight are allowed. The one exception is that a properly-documented service or support animal may exceed the weight limit.'

Perhaps Daniel's Board could pass this as a Rule (assuming the governing documents permit the Board to pass rules such as this). The Board could explain it wanted to be clear that it wishes to comply with HUD law, regarding non-discrimination against those with disability or medical needs. Members could be told they could complain about large dogs over 25 pounds, and the Board will always investigate, but the Board's hands are tied about legally disclosing any further information, for privacy law reasons. The Board is doing the best it can to comply with all laws, from the legally enforceable governing documents to the legally enforceable rules of HUD, the ADA and privacy law. Members should google for more information.

Daniel

You seem to be getting good advice on how CA operates/laws.

It seems you are being cowered by a little old lady. Time to grow a pair and crackdown on her, especially during meetings.

It's important to get your agendas to comply with CA's Open Meeting act which, as I think you know is a part of the Davis-Stirling legislation. Ignorance of the law won't help you & your Board if someone, say Ms. Nasty goes after you for failure to follow the law.

At the website by the same name, put together by a CA HOA law firm, you can find excellent sample agendas and interpretations of the legislation including notice posting requirements, open forum requirements, document inspection requirements. (I agree that you probably don't have to share the materials about seeking a waiver for your overweight dog.)

What does your contract with your PM says are their responsibilities?? In other words, what do you pay them for??? Are they never onsite except for monthly meetings?

If they do not know the legislation re: CA HOAs, and your HOA is unwilling to pay for a better quality PM, then you have to learn it for yourself. And teach it to your fellow directors.

Btw, "personnel matters" include things like discussions about the quality of, say, your landscapers. Or does your Board do that work too?
Do you have any common area amenities, e.g., Pool? Clubhouse? Gym? And do you pay someone to maintain them? If so, they are personnel.

You mention that you do have an HOA attorney. It might be worth it to have the Board buy one hour of her/his time to teach you all your legal obligations and duties as HOA directors & officers.

Meantime, re: your original question, I'd follow NpS's #2, take a tip from JohnC of SC. And, Re: "repeat rants," too, shut 'em down as Augustine advises.