Who should file Restraining Order?

I am the President of a 16 unit Condo in California. One of the tenants had their brother living in their unit for about two weeks and was caught (by me) masturbating in the garage area about a month ago. He was taken away for a mental health evaluation at that time. Prior to this, he had been hanging around in the stairwells, laundry rooms, garages for hours on end frightening the other residents. Just standing there. We, the board, notified the owner who suggested we call the police if he comes back to the property. He has been back several times but did not stay long enough for me to call the police. Finally, last week I was able to call them at which time the officer had me call the owner. He explained to the owner that she needs to file a restraining order since he's not on the lease and neither the tenant or owner wants him here.

Now, the owner is telling us that the HOA board needs to file it because he hasn't harmed her or her tenant and that she, as the owner, has no rights. She stated that her tenant probably wont file it because it's their brother but yet, they dont want him here either. He waits outside the building for someone to enter or exit the building since we have a security gate and that's how he gains access to the property.

I just wanted to know if any of you know if the tenant, owner, or HOA should file the restraining order?

Thank you

That should have been "file for a restraining order". Typically there is a hearing where the accused gets a chance to defend himself. Then a judge or court administrator yada makes the call about whether a restraining order will be issued.

Ignore the restraining order.

Since you have gates and they are uninvited, the HOA can contact the police to report trespassing.