Harassing emails and texts

Started by WilliamW15 • 10 replies • 447 views

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WilliamW15 (South Carolina)
Posts: 14

Posted:

I have been a Director of our HOA for three months. We previously used our documents to oust two directors who were sinking our HOA financially. In the past three months, these two angry former directors have been sending disrespectful, harassing and sometimes threatening emails to myself and another director. In fact I have received at least forty two emails from these former directors. The large majority of our homeowners just want financial stability and to live in a peaceful environment. Some residents actually feel afraid to walk to our mailboxes because of these two angry guys. I have recently went to the police for at least documentation of the emails and texts I have received. Myself and another director tried to answer many of these emails in a responsible and respectful manner to no avail. I have a meeting tomorrow with the Sr VP of our property management company to discuss and seek guidance on what we can do about this messy situation. I am hoping that I might receive some helpful advice or recommendations from knowledgeable people on this site.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

First what are they referencing in their emails? Is it just calling you names? Is it telling you that not following this or that rules? They accusing of a crime?

Also what one claims as bad finances in a HOA does not make it so. People do not grasp you are in a non profit corporation. You spend as much as you collect. Plus have a reserve account IF necessary for capital expenses like roofs or roads. It is not a general savings. Just because you see a zero or low balance on the books does not equal a bad job. It equals a good job in a non profit but not for charity corporations.

The police are to handle the harassment if it is harassment. Annoying is not harassment or not knowing how to answer. You file a police report for harassment. You refer to the rules and have meetings to discuss in a HOA.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

I see you 4/14 "Harassing Emails" post. You rec'd many replies. Were none helpful? I don't recall any advice that you keep replying to them, but it looks like you're continuing to reply??

I think I recall at least on suggesting that if you reply about a certain topic one, just reply that the writer refer back to your earlier response of x/x/xxx

I think meeting with your MC's VP is a good idea. Have you thought about getting your HOA attorney's advice

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Kerry think we need to get the context of what is consituting as "harassment". Someone whom is sent letters for monetary collection will claim being "harassment". The court does not consider sending a letter for collecting as harassment.

It could be the old board can see mistakes new board is making? That happened in my HOA. The new board complained how I spent our HOA money. They promptly spent the money in the bank. Which was 5K. That 5K was out entire monthly budget to pay that months bills. We were bankrupt the next month... I sent letters warning NOT to spend the 5K as it is there for this months bills ... The new board considered me a criminal hiding funds and records. All of which they all had access to not me...

Former HOA President

MarkM19 (Texas)
Posts: 1,459

Posted:

William,
You mentioned in this post about neighbors being afraid to walk to mailboxes because of these 2 ex board members. Who is getting the harassing emails? Are they sending them to the board email address, your personal email address or a community wide email address? I am not a lawyer, but I think it makes a difference if you explain.

In my past when ex board members leave on bad terms, they can hold a grudge. It usually passes as time goes by and on a few occasions, they die hating you and then it passes. Either way your job as a board member is to fix what you can fix and do the best job you can with what you have in front of you.

TerriS6 (California)
Posts: 3,284

Posted:

The number of emails alone constitutes harassment.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You know what the number is they are being sent? There are not enough details about it to determine if it is law breaking or opinion.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Regardless of whether or not it fits the legal definition of harassment, responding simply encourages further bad behavior. It also increases the likelihood that you will say something out of line, giving the bad actors "proof" of their allegations.

Here's how we handle such things:

* Run it past the attorney. That person needs a "heads up" in case the situation escalates. They can also advise on proper responses.

* Real association business gets a short written response as needed.

* Nothing else is addressed.

* Further communications on the same topic get a "we have received your email of xx/xx/xxxx" and nothing beyond that.

* The entire board as well as the community manager if you have one all have to follow these steps.

Brief, bland, boring.

You control this situation by controlling your own responses. If you make it interesting or they get what they're after, then it will continue. If they fail to get what they're after, they'll eventually give up. But you have to stick with it - if you control your responses 10 times and respond in kind on the 11th, that just teaches them that they have to send 11 emails to get the reaction they want.

I'd also block them on my personal phone and email address, or at least shunt them to a folder where you can have them in case you ever need proof. Association business should go to association email addresses and phone numbers. You don't need to make your personal phone numbers or emails available to the membership. Doing so encourages the boundary violators. (This is one reason our attorney strongly encourages us to make our directory "opt in" only.)

DeanJ
Posts: 1,786

Posted:

The post office leaves junk mail at my mailbox every day. That doesn’t mean I have to open it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our HOA had two choices. Attend a meeting and present your issues or email/mail your issues to be read at meeting. what we decided at the meeting is response you got. We prefer you suggested the solution.

Individually responding can cause chaos and bad communication. Best to have one source and reply by quotes of the documents.

Former HOA President

LetA (Nevada)
Posts: 2,679

Posted:

William, from what you mentioned about the bad financials from your previous board, did your fellow directors call for a forensic audit of your financials?
I Would suggest you encourage your board members to order a forensic audit of your financials and go from there.
As for the harassing emails and the ogling from the past BOD when you walk down the street, that is a different matter all together.
If the forensic audit finds any funny business the two could be tied together, if not its just sour grapes from disgruntled OF's
for taking their candy away.

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