When Owners/ Residents go wild

Started by LetA • 5 replies • 361 views

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LetA (Nevada)
Posts: 2,679

Posted:

I was talking with a colleague who is also a BOD for his community and he asked for some advice about an incident in his community. Recently an owner went after a landscaping contractor to the point this person drove through the community and confronted the landscaper. His fellow directors contemplated suspending services to this owner until the issue can be worked out. I told him I wouldn't immediately do that because you are contractually bound to provide that service to the homeowner. I said this is something you need to involve your HOA Attorney and get their opinion. He told me an official complaint was filed with the police so it is on the record. I'm waiting to see what their council recommends.

In my job capacity, I am finding it increasingly combative for me to perform my duties without an occasional confrontation with a owner resident. A few months ago I was ticketing a car in violation of the covenants when I was confronted by the owner. Things quickly went south when they grabbed my arm to prevent me from doing my job. I had to call the police to assist.

What do you do to hostile or confrontational owners that go after the vendors.

KerryL1 (California)
Posts: 14,550

Posted:

A little clarification might help, LetA. Your example is of your paid work as a security profession not in your HOA. You're a director on your own HOA's BOD, right?

BenA2 (Texas)
Posts: 1,273

Posted:

I agree with not suspending privileges unless your CC&Rs specifically authorize that. I doubt they do. If it rose to the level of a crime then let the police handle it. If he or she violated a rule, then handle it according to your governing documents. If no rule or law was violated then it is just rude behavior and it is better not to do anything.

SheliaH (Indiana)
Posts: 6,964

Posted:

Battery and assault are police matters, so I would hope the vendor filed a police report and are taking steps to have the person prosecuted. That may be all that's necessary once the person has to get a lawyer, pay fines, go to court and possibly spent a little time in the pokey. Along with his/her free time dominated by mandatory community service.

As for suspending association services, that's usually done if the owner becomes delinquent in assessments, so if you want to add other grounds for suspending them, you'll probably have to amend the documents and we know what a drama that can be. I know there are instances where private businesses stop providing services to certain people and sometimes neighbors because of stuff like delivery drivers getting jumped - a pizza place refused to deliver to my community at one point for that reason. I haven't ordered pizza in some time, but the last I heard, they stopped delivering after 8pm regardless of where you lived in the service area.

Anyway, I would say If the homeowner's showing his/her a as to a vendor resulted in delays in providing services to the rest of the community, especially if that service was for a community with shared walls like a condo, I might be inclined to pass a board rule stating that will result in the service being suspended to that homeowner AND the issue referred to the association attorney for further action, such as making the homeowner pay for any additional costs incurred by the association resulting from a delay in services.

Bottom line - talk to your attorney about that option. In the meantime, let police handle criminal matters. You ended up calling them with this homeowner, so you may as well press charges. You don't have to wait for the board before doing that.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MichaelS56 (Minnesota)
Posts: 858

Posted:

Our Association located the Minnesota state law on harassment and placed it in our Rules and Regulations.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Occasionally we get a homeowner who will complain to our landscaper. Our landscaper is told to not engage and tell the person to contact the BOD. If an owner physically assaulted our landscaper, I would expect the landscaper to call the police after he has defended himself and beat down the owner.....LOL

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