Condo owners shouting at landscapers

Started by NickB7 • 7 replies • 401 views

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NickB7 (Oregon)
Posts: 12

Posted:

The subject pretty much says it all. We have a small handful of owners who dole out so much verbal abuse to our landscapers that the company is having trouble finding anyone who will work at our complex. These owners are claiming that the landscapers have no "right" to work on "their" property, even though our bylaws clearly state that ownership is walls-in only. One of these owners was so verbally abusive that he caused our last manager to quit, and he seems intent on doing the same to our current manager.

I'm not really sure what our options are. There is no anti-harassment language in our governing documents, so we can try to start there. But that will likely be a lengthy process. Does anyone have any advice for us?

LetA (Nevada)
Posts: 2,679

Posted:

Has any of this behavior been documented? Statements by landscapers or their site supervisor? Has your Security been called out to make a report?
Did you file a menacing complaint with the local police?
Start there, and you can have your HOA lawyer send the offender a cease and desist letter.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Change the process of how complaints are communicated. Plus should they not be addressed to the board? I put in a rule that if you had a complaint or request you put it in writing to the board OR come to a meeting. If you wrote it down, then you are expected that the board will decide your solution. Otherwise, you had to provide the solution for us to review. We had an open forum at the end of the board meeting of which the general members could speak. Again you speak but it was the decision of the board that applied.

So think about changing the complaint process. Talk it over with your manager. Is it really their job to field these complaints per contract or is it the HOA board?

Former HOA President

MichaelS56 (Minnesota)
Posts: 858

Posted:

Our Association put into our Rules and Regulation our state law on harassment. We modified the rule a little and it stopped what little abuse that was happening.

SheliaH (Indiana)
Posts: 6,964

Posted:

Not everything can or should have a specific rule - there should be language in the documents that allow the board to enact specific rules to flesh out the documents, so start there and find it.

As Melissa said, this behavior needs to be documented because you need to enact something regarding interference with HOA vendors. Between that and the documentation, you may be able to take harder action against these people. Talk to your association attorney about developing a policy. This wouldn't just be about these people, but should apply to any homeowner.

Once you have a policy and pass a board resolution with an effective date (I would say immediately), post it on the community website and newsletter, explaining why it's being established. No need to name names - tell homeowners this behavior is rude, could lead to something much worse (you shouldn't have to spell that out) and cost the association more money because word will get out and make it more difficult to find good contractors.

At the same time, send these folks a strongly worded letter about their behavior, perhaps listing several examples of their behavior. Tell this is their first and last warning - if it happens again, the board will take legal action against them. Send a copy to the attorney. If they show up at a board meeting to act a fool, tell them to leave and escort them out, if necessary. If it comes down to banning them from attending live meetings until they grow up, so be it.

Don't worry if they threaten a lawsuit - if you've gathered documentation of the problem, it'll make the court hearing something that rivals judge Judy and the people's court. Or Jerry Springer and Maury povich.

It's a shame we live in a society where we're so obsessed with being right, some people loose their bloody minds over stupid ish. But that's the world we live in and as board members, your job is to look out for the best interests of the association. Sometimes that means leaning very hard on people so they understand you mean business.

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

KerryL1 (California)
Posts: 14,550

Posted:

About 7 years ago our Board made a rule against rudeness or other inappropriate behavior toward staff as prohibited. Our Schedule of Fine says: "Corroborated report of inappropriate behavior towards staff. Corroborated report of inappropriate behavior towards staff. Immediate call to hearing. $100

In two cases, owners were fined for yelling & swearing at PM staff. There were witnesses. The 3rd incident was an owner coughing in the face of the PM at the beginning of Covid.

In CA, the board propose rule additions or changes and an open meeting, and they go out to owners for 28-day comment period. At a subsequent one meeting th Board asking into account written owner comments and those verbally made a the meeting, approved the rule change (or not).

So, just make a new rule following procedures in your documents & state. A primary job of directors is to protect and maintain the common areas. These jerks clearly hinder that goal. Make the wording relevant to your Assn. And MichaelS' thoughts seem good too.

Remember the item does need witness or recording on their phone.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheliaH on 06/22/2022 5:37 PM
Not everything can or should have a specific rule - there should be language in the documents that allow the board to enact specific rules to flesh out the documents, so start there and find it.

As Melissa said, this behavior needs to be documented because you need to enact something regarding interference with HOA vendors. Between that and the documentation, you may be able to take harder action against these people. Talk to your association attorney about developing a policy. This wouldn't just be about these people, but should apply to any homeowner.

Once you have a policy and pass a board resolution with an effective date (I would say immediately), post it on the community website and newsletter, explaining why it's being established. No need to name names - tell homeowners this behavior is rude, could lead to something much worse (you shouldn't have to spell that out) and cost the association more money because word will get out and make it more difficult to find good contractors.

At the same time, send these folks a strongly worded letter about their behavior, perhaps listing several examples of their behavior. Tell this is their first and last warning - if it happens again, the board will take legal action against them. Send a copy to the attorney. If they show up at a board meeting to act a fool, tell them to leave and escort them out, if necessary. If it comes down to banning them from attending live meetings until they grow up, so be it.

Don't worry if they threaten a lawsuit - if you've gathered documentation of the problem, it'll make the court hearing something that rivals judge Judy and the people's court. Or Jerry Springer and Maury povich.

It's a shame we live in a society where we're so obsessed with being right, some people loose their bloody minds over stupid ish. But that's the world we live in and as board members, your job is to look out for the best interests of the association. Sometimes that means leaning very hard on people so they understand you mean business.

I agree. Make a rule/policy and publish it. Kerry has a post on fines. A good idea.

JackS19 (Florida)
Posts: 3

Posted:

I did not see where anyone contacted their HOA attorney to get legal direction which I think should be your first step. I am not an attorney, but our Board has found, that sometimes, what we think our docs mean may not be what they legally mean. Cease and desist letters with back up information of who, what, where and when may be your answer with the possibility of State Statutes supporting your Boards position.

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