MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
What legal protections are available when board members are harassed by homeowners?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Board member harrassment
Started by MichaelT21 • 10 replies • 448 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Why haven't you asked your attorney? Or call the non-emergency number of the police department. You already know this,so do it.
But first define harassment - start with googling tge definition and consider what's been happening lately. Disagreements on association issues isn't necessarily harassment, but if they dog you day and night, always calling, texting, following you home, sitting outside your house so they can start up again, even going after your family that could be a problem.
Are you documenting any of this, including your efforts to try and stop it? You'll need that if thus escalates to where strong legal action is needed. This is what's necessary, whether yours a board member or not.
But first define harassment - start with googling tge definition and consider what's been happening lately. Disagreements on association issues isn't necessarily harassment, but if they dog you day and night, always calling, texting, following you home, sitting outside your house so they can start up again, even going after your family that could be a problem.
Are you documenting any of this, including your efforts to try and stop it? You'll need that if thus escalates to where strong legal action is needed. This is what's necessary, whether yours a board member or not.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
For this thread, I am not going to disclose any personal information for privacy reasons.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
I didn't ask about specific acts or your personal information (I don't know you, so what will I do with it ?) Besides, I think everyone uses aliases anyway. I suggested approaches you might think about when bringing this issue to your PRIVATE attorney so you can discuss options.
Maybe you dont want to spend the money, but it's not always a good idea to get legal advice from the internet, especially if you want to stop whats been going on. Buy hey, do you and I hope it works.
Maybe you dont want to spend the money, but it's not always a good idea to get legal advice from the internet, especially if you want to stop whats been going on. Buy hey, do you and I hope it works.
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
Posts: 14,550
Posted:
With Shelia: Of what behavior(s) does this harassment consist?
BillD16 (Texas)
Posts: 973
Posts: 973
Posted:
Quote:
Posted By MichaelT21 on 03/29/2023 4:56 PM
For this thread, I am not going to disclose any personal information for privacy reasons.
For this thread, I am not going to disclose any personal information for privacy reasons.
I get it. But practically speaking, if you want advice that goes beyond "lawyers, guns, and money", we need to know a bit more. Verbal harassment? Physical? Written threats? Written threats attached to a brick thrown through your window?
Bill
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
As far as I'm concerned, your legal protections are those available to any member of the Association (i.e., the general public) under similar circumstances, Board member or no. Your being a member of the Board, or the underlying cause of the harassment, is not germane to determination of your rights.
That being the case, consult your attorney or possibly the local law enforcement office.
That being the case, consult your attorney or possibly the local law enforcement office.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
One has to petition a court for a civil restraining order. Documentation must be extensive and rise to a certain level. Ask the HOA to pay for the costs. Information and possibly a standard form is likely available at the court clerks' offices, for those who want to pursue this pro se.
It's best to have the HOA attorney weigh in and, as needed, write the individual an order for her or him to cease and desist.
I would not trust most laypeople (including you) to be competent in handling this pro se. An attorney will offer objectivity about the appropriate remedy. The "victim" will not.
It's best to have the HOA attorney weigh in and, as needed, write the individual an order for her or him to cease and desist.
I would not trust most laypeople (including you) to be competent in handling this pro se. An attorney will offer objectivity about the appropriate remedy. The "victim" will not.
ND (PA)
Posts: 792
Posts: 792
Posted:
What Bill said ... your legal protections are same as everyone else.
Look up your state laws that define harassment. Determine if what you're experiencing fits the definition. Approach authorities with your claims, and proceed per their guidance and direction.
Let us know how you make out.
Look up your state laws that define harassment. Determine if what you're experiencing fits the definition. Approach authorities with your claims, and proceed per their guidance and direction.
Let us know how you make out.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Typically anyone in a leadership/management role will get some ankle biters. They come with the territory. If one cannot stand the heat in the kitchen, then get out of the kitchen.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By JohnC46 on 03/30/2023 10:04 AM
Typically anyone in a leadership/management role will get some ankle biters. They come with the territory. If one cannot stand the heat in the kitchen, then get out of the kitchen.
Typically anyone in a leadership/management role will get some ankle biters. They come with the territory. If one cannot stand the heat in the kitchen, then get out of the kitchen.
Amen. Michael seems to lack the skills that a seasoned manager has and this is vital for the position he holds.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here