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KarenS11 (Florida)
Posts: 148
Posted:
How should we handle an owner who drinks and verbally attacks board members on the street and at meetings? We are used to him making wild accusations and have just ignored them. Even his "happy hour e-mails", which are way over the line, are ignored. But his verbal attacks on the street and at meetings are witnessed by members, turning folks off and discouraging participation on the Board and committees.

His allegations are off the charts and baseless. When he comes up with a new one, the PM provides a professional response. Then the garbage comes. We are now at risk of having no quorum on the board, which could trigger a receiver. We can't afford this, nor is this in the best interest of the community for other reasons. It's hard enough to get folks willing to serve. Being publicly attacked when going to your mailbox is too much for people to deal with.
SheliaH (Indiana)
Posts: 6,964
Posted:
In our community, we would let our security officer (also a police officer)handle it. We tell residents that verbal and physicial abuse, violence, threats or that stuff isn't permitted - if they don't calm down after being warned, our security officer escorts them out.

If you don't have one, the best you can do is send him a letter or talk to him and tell him he's banned from attending meetings until he learns how to act like an adult. I hope you're documenting dates of bad behavior and keeping copies of the man's crazy emails - if he tries to sue the board, bring all this stuff to the hearing and let him explain himself to a judge.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Shelia,
As true as it may be, I would caution you proclaiming a neighbor is acting irresponsible because he is drunk. I also would suggest you make a record of his action and disruptions.

It does pose a delicate situation for the board and I am sure they are not enjoying the conduct. Is this man part of a family group, maybe you can do something there. If this situation has become so severe anyone feels threaten by him, that person is obligated to contact authorities and file a complaint. When a person is afraid to walk the street, some action must be taken.

Of course your question seems to be what does the Board do? At the Board meeting it is not unheard of to hire security personal to insure decorum. Usually off duty police officers will do this. At the meeting anyone steps over the line the Chair draws, the chair can order them removed from the building, provided the meeting has be called in order and a qurom is present. Cut and dried as far as I know.

Outside the meeting the Board members are fair game really, unless actively conducting Board Business and I can't see the Board business to provide protection from unhappy (drunk or sober) home owners. However, I believe if the Board should hold a meeting to announce a formal resolution that the Board will take legal action on the part of the association if any member fears threatened by any other member at any time, the association is obligated to pursue this action.

All this is just my logical approach and I certinly would run this by a legal authority first, and maybe a local police station would be a good place to start for opinion. Most local police have access to paid (by the taxpayer) attorneys.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Sorry,
I should have addressed this to Karen
SusannaM (Florida)
Posts: 366
Posted:
Quote:
Posted By KarenS11 on 01/11/2009 4:45 PM
How should we handle an owner who drinks and verbally attacks board members on the street and at meetings? We are used to him making wild accusations and have just ignored them. Even his "happy hour e-mails", which are way over the line, are ignored. But his verbal attacks on the street and at meetings are witnessed by members, turning folks off and discouraging participation on the Board and committees.

His allegations are off the charts and baseless. When he comes up with a new one, the PM provides a professional response. Then the garbage comes. We are now at risk of having no quorum on the board, which could trigger a receiver. We can't afford this, nor is this in the best interest of the community for other reasons. It's hard enough to get folks willing to serve. Being publicly attacked when going to your mailbox is too much for people to deal with.

Karen, this is very common in sunny Florida or so I hear. File a police report/complaint. An officer will be dispatched to the "happy hour" guy home to warn him that he can be arrested for disturbing the "peace" within
the community.
DwightT (Idaho)
Posts: 664
Posted:
If the public verbal attacks are bad enough to prevent people from wanting to be on the Board, couldn't the HOA (or at least individual Board members) get a restraining order against the guy?
KarenT (Washington)
Posts: 250
Posted:
We had the same issue - except this individual was making phone calls. I filed police reports and eventually had to file a anti-harrassment order with the courts. This individual also voliated that order by contacting me and our association attorney and leaving very vile messages. This person is now facing a court date and possible time in jail and/or a fine.

It's never fun to be verbally attacked - good luck!
KarenT (Washington)
Posts: 250
Posted:
We had the same issue - except this individual was making phone calls. I filed police reports and eventually had to file a anti-harrassment order with the courts. This individual also voliated that order by contacting me and our association attorney and leaving very vile messages. This person is now facing a court date and possible time in jail and/or a fine.

It's never fun to be verbally attacked by someone with a drinking problem and/or mental issues - good luck!
PattiM (Arizona)
Posts: 13
Posted:
I have actually covertly pulled out my cell phone at a meeting when he was attacking the PM, but then he quieted down when I told him that he would have to leave if he was unable to express himelf in a professional manner. Now he has flared up again and has recently verbally attacked another Board member on the street. We meet at a public library, so I don't want to do anything to have us kicked out by calling the cops.

I plan to take the easy way out- not run for re-election. Initially I told the board that I would run again if no one but this guy ran. I've asked seven owners to run and sent out an e-mail newsletter asking people to consider running. The sad thing is that two board members have called and said that they would probably resign if he was elected. The one who was verbally attacked, a senior citizen, said that she was concerned for her safety. This would leave us with a board of two and subject to the appointment of a receiver. We already have one vacant position that no one will take.

Between this moron and a family that recently came to my door and screamed out the most filthy language in front of passers by.... the final straw was when the BF of the one with the filthy mouth shot a bird at my child when he passed by (the guy who knocked our security camera down and continued to park up against the light pole, in the grass at the park, at a stopsign/fire hydrant). I can put on my big girl pants and deal with it, but when it devolves into this, it's time to go!

It's all well and good to receive props from owners about the great work being done by the Board, but when the guns are aimed at one person and no one, not even the Board, speaks out about it publicly BC they don't like conflict (neither do I , BTW), then it's time to leave.

So I think I will chair the meeting and let the drunk guy have at it. Maybe the other owners will come forth to nominated themselves from the floor when they realize that this guy is the alternative. As for me, I will bring the boxes of documents and signs to the meeting- freeing up much space in my home and just pay my assessments and get a life!

Any organization that perceives that it has this much riding on one person (me) is unhealthy. We've built up committess hoping to groom leaders, but everyone is too comfortable. Until it afffects them personally, things won't change.

I really appreciate the input and advice I have received, not just on this thread, but on the forum in general. HOAtalk is a lifeline to many. Thanks guys!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Patti, I'm so sorry to hear that.

Though I can certainly understand your position and the reason for your decision.

I just fear for your HOA now that it is being run by hoodlums.

But, on the other hand, it may just be the wake-up call that other members may need in order for someone to say "enough is enough" and step up to the plate to take the neighborhood back.

Only you know when it's time to go.

I just feel for you and completely relate to your frustration!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Patti,
I also am sad to hear you feel you have to leave, but, we must do what we must do and no one is irreplacable.

I do strongly suspect your apron strings are going to be tougher to cut than you imagine and we will hear from you in the near future.

That is one of the unknown facts of this damn associations stuff. The cost of homeowners being involved (doing business) has a heavy price, and to walk away under duress, is sometimes unbearable.
KirkW1 (Texas)
Posts: 1,665
Posted:
At risk of sounding harsh, you (and others around you) are rewarding this guy's bad behavior and that is why it is getting worse. And being afraid he will get you kicked out of the library is just the wrong answer (and attitude). I also don't agree that a board member is "fair game" outside a meeting. Nobody is ever fair game for being verbally attacked.

The correct way to handle it is to call the police and request the man be arrested. Now you do have to be ready to actually sign a statement and be ready to go to court and testify.

If a person is sending out harassing emails, then you should keep the email, print a copy and take it to the police station. Not all departments will take an active roll, they should be willing to point you to the right office to take action. (Some will become involved and start an investigation on their own.) It is amazing what a visit from a police officer will do for such behavior.

You may need to have an order placed against the guy. This will require that you appear before a judge and justify why the guy should be ordered to stay away. But there is no reason why you shouldn't if he is repeatedly disruptive.

You shouldn't find it surprising when others don't want to run. You have sent a message that you can't handle this and then ask them to do it. They think, "What and invite it?" Instead I think you should deal with this issue and then step aside. I understand that it can take a lot out of you.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Kirk,
Most of what you suggest I endorse and from the posts nearly all if not all recognize this as the serious problem it is. A civil complaint is a selection but somehow I expect the real interest here might be: Does the fact you are an elected officer of the association involved it the Owners mandate of providing a safe and secure environment and other Board functions of rule enforcement and business operations; does "the Association" offer any protection.
I don't know if the insurance offered to Members of the Board might provide them with legal coverage in the performance of the duties. Does anyone have the answer? It might be worth looking into.
Barring that, can't the association retain legal support for any member of the Board suffering from this kind of affront.
AnneH2 (Florida)
Posts: 82
Posted:
I have been the recipient and /or copied on various "happy hour e-mails" from members and have found the best response to be no response. If someone has a specific complaint or issue, then respond only to the nature of their issue. A second e-mail from them would receive a response that their concern was addressed in the e-mail dated XYZ. Further e-mails would receive no response.

In a B O D meeting, I think that if there is a five minute limit on member comment, the person should be acknowledged, allowed to speak without comment or questions from the Board, and told when his time is up. If he continues, he should be told that he has been given the opportunity to present his comments and informed that if he does not refrain from speaking and sit down, the meeting will be adjourned. If he continues, the meeting should be adjourned for twenty minutes. If enough members don't have their issues addressed because of his disruption, it shouldn't take long before his behavior is modified by community reaction.

As far as meeting in a public facility, I'd use the above approach and would have a convo with law enforcement in advance of the next meeting, giving them a heads up that there has been a problem with a member being publicly intoxicated and that you may be calling for assistance. It may be possible to just make arrangements for an officer to come by and stick his/her head in during the meeting as part of their rounds.

The above would only apply if the person isn't falling down drunk, but just beligerent and nasty. If falling down drunk, I'd call law enforcement immediately.

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