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MelissaL5 (Indiana)
Posts: 1
Posted:
As a board member, I have become the focus point for a disgruntled homeowner who “didn’t know” there was an HOA here. I was the person appointed to reach out (volunteered because of time) to the new homeowners about their dumpster (violation) and later a huge RV in their driveway. 1- after talking to them and going back to the other board members we decided to give them about 60 days to change from the dumpster to regular trash bins since they were going to have siding work done anyway. I directed them to the HOA website where they could find all the regulations. 1- the RV was on site for a few days before I contacted them letting them know nicely that the regulations are 3 days to pack and 3 days to unpack. Since then she has been stalking my social media accounts, harassing me via email, talking to at least 3 other neighbors, harassing the president about me and saying some very aweful things.
No she’s supposedly gathering up as much info as she can to try and sue me for whatever she can try to.

What can I do to protect myself?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Stop giving them attention and stay with the rules. Call the police if it goes offline. The worst can do is sue you and the HOA insurance can cover that if it is in your duties as an HOA board member. However, I would never write or contact any violators without the board approval and knowledge. This includes references to the rules violation and actions will be taken per rules. It should be signed off by the President IMO.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Yep, this unfortunately happens.

First and foremost - Don't engage, Don't respond, Don't get pulled into arguments.
Second - Stick to facts
Third - From now on, the Board responds in writing with signatures simply saying The Board of Directors OR For the Board (signed by the President).
Fourth - Try not to dwell on the issue.

For any legal action against you personally for performing HOA business (which is why you don't engage), the individual must pierce the corporate shield (also known as the corporate veil). Which basically means that they will need to prove your actions were independent of the board.

Additionally, acting for the board, you are covered by the Associations Directors and Officers (D&O) insurance.
I suspect that the governing documents will also indemnify you if legal action is brought against you for doing Association business. Perhaps applicable statutes will do the same.

Hope this helps,

Tim

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