Accusations lodged against resident

Your HOA's attorney needs to be involved in the decision-making here. I have seen situations like this. I recommend your HOA continue to get as much documentation, by way of witness statements and similar, as possible. Your board did right by informing the landlord of your concerns. But I think your board, while well-intentioned, might be a bit off track when you write as its justification that it "is in charge of making the best choices for our community." Based on experience, I think your board needs to identify the exact sections of the covenants that this resident has allegedly violated. Then document this with the landlord. This will hopefully assist the landlord in terminating his/her tenant's lease sooner rather than later.

Do your governing documents have anything in them about terminating use of amenities if covenants are violated? If not, the board is on shaky ground.

What will your Board do if this resident disobeys the instruction to stay off the common areas? To get a restraining order, one has to have standing. Those that have standing are all the individuals this resident has harassed. These individuals may have standing. Has the manager or any director been among the individuals this resident has harassed? If so, this puts the HOA in a better position to seek a restraining order.

Also be aware that, if the guy is legally (mentally) disabled, this is going to make it harder to get rid of him.

Are any of the resident's so-called "inappropriate statements" of the type that are racist, sexist, or hateful per se towards children or a particular religion? If so, the HOA has a case against the resident for creating an environment that is hostile towards various protected classes, based on fair housing law, notably the federal Fair Housing Act. The latter can be a powerful legal tool to purge the guy, too.

First of all, if the clown is video taping children in the pool, he could be considered a "pedophile, and should immediately be referred to the police. NO residence has the authority to video tape in the matter in which they are doing it. I would be suing the HOA if I found out this was going on and the HOA was sitting on their asses.

Must go through landlord/HOA Member. Let them know their tenant is a menace to the community. Ask them to control him or evict him. If he's breaking any rules, call the owners to hearing and fine him.

And, as Augustin, says, your docs must give the Board the right to ban him from the pool area. if so, you must put a limit on the ban, say 90 days. Otherwise, don't even think about it.

Janet, the word is "lose." )

Why did you have the hearing with the renter and not the owner? I don’t think you can enforce the ban without having had the owner notified of the hearing. The HOA relationship is with the owner.

Why did you choose to announce the results with them present?

We have encountered similar situations. Both residents were renters. In the first situation the owner refused to act. We took the first situation to our attorney and he assisted us. We gathered written information on his behavior from renters and owners. Our attorney encouraged both because the behavior was a liability issue. We held a hearing which our attorney attended. The owner did not attend. Our attorney notified the owner in writing of the outcome and fines. He was banned from the pool.

Then we had to enforce the ban. He was at the pool one day and I had to call the police, show them the hearing results, and in the presence of officers, notify him that he was banned and if he came to the pool again he could be arrested for trespassing. Renter became extremely agitated with me. It was one of the hardest things I’ve done as a Board member. Luckily, I lived in another part of the community, so we didn’t cross paths. Unit went into foreclosure; no fines were paid, and he moved shortly thereafter.

Second situation was last summer. Owner attended the hearing and renter banned from the pool. Owner was responsive to results and renter turned in their pool key. Haven’t had to call the police on him. Attendance at the pool has increased this summer with him not there.

The education we received from the first event with the attorney cost us fees and they were well worth it. We were able to use that information and deal with the second situation ourselves.

You need to start fining the homeowner and keep increasing the fines until one of two things happen, they get their tenant under control or evict them.
Hopefully the police can get the minor lifeguard an order of protection or an RO . Yes you should contact your Assn lawyer so they are up to speed.
see if your assn docs have a health and welfare to the community clause, use that for leverage to uphold the ban. I know here in Nevada you can ban someone from amenities.

I'm pretty sure what the person is doing can be considered a nuisance and the board can fine the owner for repeated nuisance violations.

LetA MAY have a good point. And we know for sure that incessant barking is a nuisance in our and I assume most condos.

Geno, nice post. So a HOA in at least some states can get a restraining order against a harassing resident for harassing other residents.

Also $12K for security cameras and $10K for counseling for her victims. Wow. Apparently there was no way to force her to move, as I am sure that is what they would have preferred.

I've heard of people making crazy noises in retaliation, but never about such a concerted effort to literally torment her downstairs neighbors intentionally. That whole story is wild.

Well, it isn't odd that they can't make her move. Being an owner. I think the only way that could ever happen is legitimately fining a person for violations that they can't pay, causing eventual foreclosure or threat thereof?

If we followed that story and she couldn't/refused to pay what was ordered that might happen.