HOA Manager Response to Report of Intruder

1. It's a police matter where 911 should've been called first by the resident as the priority.

2. The manager should've been called, who would then immediately contact the board and landscape company

3. The response of the landscape company would determine the business decision

4. The results of the police investigation would determine any criminal charges against the individual.

That's basically how I see it. I wouldn't blame the company first as I doubt they sanction that behavior.

To protect the homeowners and because the homeowners are the ultimate responsibility. My response to the Vendor would have been to state the complaint and then to let the Vendor know your (a.k.a. Employee "Joe Blow") is no longer allowed on our HOA property. While this is potentially one person's word against another ... the HOA needs to side more with their Member in this type of circumstance.

Larry and Kerry, this was during the day. Multiple witnesses saw the intruder and the HOA maintenance man confront him over this intrusion. The resident's parent called the vendor directly and demanded a letter of apology from the worker, which they got. The resident never called the police. The manager's response was that conflicts between HOA members and HOA vendors are not management's or the Association's business. Ultimately the resident called the HOA attorney. The attorney took this call but does not usually take calls from residents or members. The HOA attorney attacked like a shark, demanding the landscaping company put in writing that this particular employee never again appear on the HOA grounds. The company complied.

Kelly's and Janet's response are more like my own. My response, and I think the HOA attorney's response, is based in part on:

http://www.floridacondohoalawblog.com/2012/02/articles/operations/association-liability-for-criminal-attacks/

http://hoalaw.com/WPnews/potential-liability-for-crimes-on-premises/ :

http://www.wtplaw.com/documents/2016/11/hud-adopts-new-rules-clarifying-associations-liability-for-harassment-and-third

LarryB13 : Whatever level of visible security, is there a Backup Camera effect ? Careless folks now more relaxed about strolling into a rear blind spot ? Or leaving the unit door unlocked, particularly the elderly ?

Illusionary security is central to a condo triple murder trial underway in my jurisdiction.

A retired chief taxcourt justice, his wife & a neighbour found brutally murdered in their luxury highrise in 2007.

CCTV Cameras & double gated security everywhere. But no retained images.

Then almost 8 years later a botched murder attempt in a different condo, and the arrest of a 'citizen above suspicion' totally off anyone's radar . . .

http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18134&catid=2

My reply would be:

I'm sorry to hear that this happened and you should hang up and immediately contact the police to report the crime.

Tim, thank you for your opinion.

Thank you, Janet. I believe that, were this matter to elevate, the law would say what you said: That the vendor and his employees are agents of the Association, under the partial supervision of the Manager while the vendor's employees are on the HOA's grounds. Also from my HOA's Rules and Regs: "Residents shall, at all times, obey these Rules and Regulations and shall use their best efforts to see that they are faithfully observed by their household members, guests, tenants, contractors, and persons for whom they are responsible and persons over whom they exercise control and supervision." I think the obvious corollary is that the Manager is responsible for the HOA's contractors.

The issue is not yet over. I believe the only reason the victim and her family have not elevated this is because of the rapid response of the HOA attorney. The family is very pleased with the HOA attorney's actions, as am I.

Bob, I think there are three scenarios as follows:

1.
Out of the blue, during the work week, the Manager gets a call reporting an intrusion by a vendor's employee. He is the sole person who can order a vendor off the grounds. He has to make a decision on the spot about how to respond so as to comply with the law and act in the interests of the Association. What should this decision be?

2.
Within a few days of the alleged unlawful intrusion, management receives the eyewitness testimony of the HOA maintenance man, the letter of apology from the employee, a full statement from the resident, providing the time of day and the exact words the employee used, and statements from a few others confirming how upset the (adult) resident was. The resident, supported by her parents financially, has never before made such a report in the two years she has resided at the HOA. She never before had any run-ins with vendors. What should management do?

3.
Suppose the resident were a disabled person but, as here, had never made a false report about a vendor or anyone. Does this mean the possibility of a cry of wolf should be ignored? I think not. Even if the police were never called, I think Management still needs to pursue this with the board, talk to the vendor and go from there.

I agree that the resident should have called the police. But this is not something I as a director can control. So I have not queried about 'what the resident should have done.' All I have right now is hindsight and partial supervisory control of the Manager. Was the manager's refusal to do anything, about a HOA vendor whose employees are alleged to have committed a crime, appropriate and in the best interests of the Association?

Bob, we are in general agreement. Termination is not on the table, for reasons I do not want to post here. "Education" or "re-programming" of the manager is underway, in my estimation. As a friend of mine put it recently, rarely does the first response predict the final outcome in situations like this. If a competent HOA attorney ultimately gets involved, then I think things will sort out.

I appreciate yet again the reality check from all. I am getting out to members the importance of immediately notifying both the police and HOA management when a contractor commits a serious crime against a person.