CA New law - workplace harassment restraining order

Has anyone used the new law that applies workplace harassment restraining order to protect directors from member?

As of January 1, 2025, per SB 428, it does apply to HOA directors. We have a serious problem with one of our directors and I was hoping someone knew of any California situations.

I did a little Googling and frankly, I didn't see a lot of difference between what this does and what I said. For others residing in Cali, here's what Google AI has to say on the subject:

How SB 428 Applies to HOA Directors

Expanded Protection: Previously, HOAs could only get restraining orders for threats or violence; now, "harassment" is a basis, covering persistent, annoying, or alarming conduct without legitimate purpose.

"HOA Workplace": This law recognizes the HOA board and management functions as a workplace, meaning directors serving in their roles are considered employees for these protections.

Employer's Role: The HOA association, as the "employer," can petition the court for a Temporary Restraining Order (TRO) on behalf of its directors, managers, or volunteers.

Definition of Harassment: It's a "knowing and willful course of conduct" directed at a person that seriously alarms, annoys, or harasses them and serves no legitimate purpose.

Constitutional Limits: Courts are restricted from issuing orders that infringe on constitutionally protected speech, ensuring free expression isn't unduly curtailed

In Simple Terms: If a homeowner or resident repeatedly harasses an HOA director (verbally, through unwanted contact, etc.), making them feel unsafe or unable to perform their duties, the HOA can use SB 428 to get a restraining order to stop that behavior, treating it like workplace abuse.

This is new legislation, so it may take some time before there's case law to ponder to see if it's effective, how and why some lawsuits succeeded and the others didn't. There might be something around this time next year, so be patient. In the meantime, you can learn from other workplace lawsuits, so depending on what's going on, the attorney can help you with that (yes, you'll have to pay for it or go to the library and start digging).

You didn't say, but is this yet another chapter in the misadventures of your HOA president? From from your previous conversations on this website, we already know you two hate each other. Assuming everything you've said before is true, I don't know how or why he continues to do what he does and the other board members (and your neighbors by extension) let him get away with it. What kind of hold does he have over y'all where he continues to get elected and the rest of the board just looks at him when he says or does something crazy?

If the behavior is getting intolerable, whether it's the HOA president or someone else, this legislation is another tool you can use to bring him/her (or them) to heal. You still need to gather the evidence to make your case. But understand this: this will take some time and it WILL be messy. Just like traditional workplace lawsuits. It's a matter of knowing and accepting what you're about to unleash and be willing to see it through. Good luck to you

Ok, then apply all this to whatever director is reportedly doing the harassment.....

Are you creating intimidating, hostile, or offensive housing environments through actions like sexual advances, threats, verbal abuse, or interfering with services?

According to AI, a non-board owner can violate California's Fair Employment and Housing Act (FEHA) or the Federal Fair Housing Act (FHA) by harassing a board member, especially if the harassment is based on a protected characteristic (race, religion, sex, disability, etc.), as housing providers (including HOAs) must prevent discriminatory harassment, and even owners must respect these anti-discrimination laws, triggering HOA duties to act. While HOAs aren't liable for all owner-to-owner disputes, they must address harassment related to protected classes, and the harassing owner can face consequences under housing laws, potentially even personal liability if the actions are severe enough

She sent the annual mailing - identical package to all members.

Then I guess in a California you may cause substantial emotional distress to a board member unless less they are a protected class. I know it’s shocking.

She sent the annual mailing - identical package to all members.