Harassing Owner

We have an owner who is out of control. He's been here about a year, and we all have figured out that he's not all there. He's an AA and has his AA "friends" over with loud music. Two days ago, he got beat up by these friends and fortunately for him, his neighbors next door assisted him. The police were involved, but is still displaying unsocial behavior. He harasses his neighbors, he wanders around the complex and cuts down plants, he argues continously with his neighbors. He's not a renter, he's an owner. What do we do? Call the police on him, file for harassement? We are going to attempt to deal with this at tomorrow's HOA and are having a board meeting before hand on the best way to deal with this.

Helen,
Brian's advice sounds sound. I would also visit the Police and talk with a supervisor about your problem. Take notes and get names of those advising you. Ask if there is any defensive measures you can take repards this individual, such as public awareness. Be careful and don't hesitate to call Police, especially this so called AA meeting that endeded in a fight. Likely something else going on there. AA members are more concerned about soberity than assult and battery. Contact your local AA and question them if the sanction the meeting.

Honestly... whether this man is in AA or not is nobody's business now is it ? But disrupting the peace is your business. I would advise you and your neighbors to use the police to enforce things. He can't be evicted, however if the behavior you are describing is accurate, he is breaking the law.

HelenK3: It would appear that most are in agreement this is a police issue. However, in keeping with the nuisance clause in your documents, you will want to ensure that when the police are called, they actually write up a report on each situation so you have a paper trail. You never know what will transpire if the police visits do not result in a change for the better. So, CYA!

Helen as has been pointed out - document, document, document everything. Also make sure you treat everyone the same, if he is an alcoholic, recovering or not he may claim discrimination under the American's with Disabilities Act.

As far as him cutting down plants on the common elements if you can prove it, charge him to replace the item - all the costs involved including that of the landscaper. Also our documents allow us to: In any case of flagrant or repeated violation by a Unit Owner, he may be required by the Association to give sufficient surety or sureties for his future compliance with said covenants, conditions, restrictions, By-Laws, Rules and Regulations.

You might consider something similar if allowed under Davis-Sterling.

just a reminder, many many associations are under no obligations with regard to the American's with Disabilities Act.

Furthermore, as of 2006 at least, being an alcoholic was not a disability under the act (it is an impairment, not a disability). Oddly enough, you cannot punish a FORMER alcoholic, however, you can punish a CURRENT alcoholic. Go figure how funny congress and their laws are....

your mileage may vary, batteries not included, yada yada...

it comes from growing up in Missouri, and from my dad.

He taught me, if someone said the sun rose this morning in the east, to get two sources, and check it out.

No problem Glen.. i wasn't calling you out, I was simply trying to beat the stump one more time on the ADA education. ADA is my button, non-profit/not for profit is Donna's button, and so on. Heck, I learned something when I dove into it again, because I wanted to double check my own assertion that the ADA didn't apply, so I thank YOU for making me double check my beliefs, and learning something new.

(as for the alcoholism being an impairment or disability, it is a weird line... Being an acoholic is an impairment, and not covered by the ADA. Being a FORMER alcoholic is a disability, and IS covered, barely/slightly/tenuously, by the ADA. My advice, if you get caught drinking, swear it's your last one, and become a "former" alcoholic, and you get more legal protection.) I don't write these laws folks, the people YOU elected did. I plan to remember that come november.