Private criminal prosecutions of members of HOA management

In some states, "private prosecution" is allowed: if law enforcement won't prosecute someone for a crime but gives approval, you can hire a lawyer and prosecute the person yourself. There are limits on doing this, though.

Has anyone done this, particularly against HOA board members and property managers who allegedly committed crimes (such as unlawful eavesdropping)?

Thanks.

I have to say I agree with George. The laws vary from state to state on this, so I imagine the board (or individual homeowners) would discuss this first with the prosecutor and if he or she wouldn't accept the case, do whatever the state law requires to pursue it criminally.

If this is something you're considering, you need to do your own research on the law, previous cases, etc. - but you already know that. That said, you might want to talk to the prosecutor first to see if he/she might accept a case like this and what you'll need to provide in the way of evidence, and then do it. Personally, I might opt to sue them in civil court - that could be faster and I believe winning is based on a preponderance of the evidence as opposed to reasonable doubt, so that evidence may be easier to gather.

You really seem to be spoiling for a fight with your board, as you come up with these questions regularly - I thought you were thinking about moving out. I'm not suggesting you roll over and let these folks get away with wrongdoing, but this tactic can get REALLY ugly and backfire in a big way. Hope you know the pros and cons, and are willing to accept the risks if you go through with this....