💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MegP1 (California)
Posts: 8
Posted:
Our board members have been swamped lately with real HOA problems, and two are currently out of town on business trips. We have one historically problematic unit in our building who posts horrible notices all over our common areas. After numerous complaints, the board put up a schedule of fines, stating that unapproved postings in the common areas was a fineable offence. She has been posting the same notice repeatedly for two weeks, daring the overworked board to fine her. When they do finally get around to it - can they fine her for every piece of paper she has put up? Or can she only be fined once for all two dozen or so notices she's posted?
SusanW1 (Michigan)
Posts: 5,202
Posted:
What are these "horrible" notices?

Do you have a bulletin board that members can post their flyers?

Since you are undermanned and overworked, I suggest that you prioritize your issues and deal with the most important/urgent ones first.

MegP1 (California)
Posts: 8
Posted:
She slanders the poor board (which ever one is in power) calling them "power mongers", "goats" and "tyrants". No one takes her seriously - but we're embarrassed to have our common areas littered with these ceaseless notes. On eunit is trying to rent, and is finding it a serious deterrent. We do have a common posting area near our dues box, but she ignores that and posts all over the doors, elevators and hallways.

The board is prioritizing, and dealing with the important issues now. But once they are free to pursue fining her, I just want to know if they are able to fine her only once, or multiple times for the same action?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Meg,

I doubt the board has the authority to adopt a rule stating a fine will be levied for "unapproved postings in the common areas". However, if she is posting slanderous info about the board members I believe legal action can be taken against her. I would suggest contacting an attorney to find out if there is anything that can be done. In the meantime just have someone take down the notices as soon as they go up. Does this person have a grievance against the board or is she just a nutcase?
RobertG12 (Arizona)
Posts: 160
Posted:
Actually, we have a fine for unapproved notices. Normally it is for people who post ads from household items, animals, lost animals, work on our common area which includes the mailboxes (they belong to the community, not the post office). It doesn't have anything to do with the content, just the posting. I see no reason why you can't do the same.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If you think she might have a serious mental disorder you might want to contact a social worker in your town to go check on her. She might be in need of some medication or not taking her medications. I'm not being mean, but it sounds like something is a little off. If this is the case, a fine will do nothing.
MegP1 (California)
Posts: 8
Posted:
I appreciate all the feedback! Yes, the board has the authority to prevent posting in the common areas, especially since we have a corkboard set up in one specific place for any other member postings.

She is a total nutcase. We have been ignoring her for years, but she does seem to be ramping it up. I think the social worker is a good idea - I'll look in to that. The attorney doesn't think we should tangle with the slander issues, just the fines. And since we are a self-managed complex (groan) filled with older people who do not want to part with a penny (double groan) the board needs to tread lightly. She has hired an attorney in the past and will again in a second.

I'm just wondering if she can only be fine $100 for all the notices, or if each notice constitutes a fine. If we're going after her for $1000+ dollars, we will be able to justify the attorney expense to do it right. if not, the board will have to undertake due process themselves.

When I served on the board years ago, she was a nuisance. But she's become a nightmare!
MicheleD (Kentucky)
Posts: 4,491
Posted:
I would consider each incident (time-wise) as a violation, not each piece of paper.

I would send her a letter warning of the fine the next time the papers appear, then when they do, fine her for that event.

If she does it again, on another date, fine her for that date, too.

MegP1 (California)
Posts: 8
Posted:
Good advice. I'd love to keep popping her for every posting, but I think we've got to be conservative.

Again - thank you everyone for your feedback. What a valuable resource this website is!
RogerB (Colorado)
Posts: 5,067
Posted:
Meg, the fine must be reasonable. I do not think a fine for each piece of paper is reasonable for each time she posts. But before the fine you need to mail her a violation notice for posting without permission; provide a copy of your rules and regulation related to fines; and advise her the next violation will result in a fine. Also, in the rules you can create an esculating fine schedule for repeat offences within a 12 running months period.
RobertG12 (Arizona)
Posts: 160
Posted:
Meg, do you want to make money (all the fines) or do you want her to stop (one fine)? From what you say, the fining has nothing to do with getting her to stop and you are putting the emPHAsis in the wrong place. As other have stated, I would try to get to the root of the problem. The person has some type of problem and she needs help. Isn't getting her the help she needs being a better neighbor than getting a perceived justice?
SusanW1 (Michigan)
Posts: 5,202
Posted:
If this is a senior citizen, contact Prtotective Services for Adults. Tell the intake person you are concerned about her mental state and agitation and she is in danger of receiving violations for her behavior.

They will send someone out to do an assessment. You don't have to give your name.
AnnJ2 (Colorado)
Posts: 120
Posted:
Rodger's suggestion is one that we use regularly to some effect. but do be sure to have a violation and fine policy written and in place before starting the process and that all the owners have been notified of that policy and the one about illegal posting outside of your corkboard.

If she posts anything on common mailboxes this is a federal offense i beleive and can be reported to the USPS for action. If the notices do not carry the posters name then send the USPS a notice that this is who you beleive is doing it and ask for their assistance in stopping it. At least if you do not own the mailboxes it can be an issue.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Meg,

When writing up this new rule I would suggest stating "all notices must be posted on the community bulletin board; notices posted in any other location shall be immediately removed and the person posting the notice will be subject to a fine of $$$. You may want to check your gov docs and state law to find out if it's required that the violator be notified before a fine can be imposed.

Unless you have good reason to believe this person is unstable and may be harmful to herself or others, I certainly would NOT call Protective Services.
GraceH (Virginia)
Posts: 224
Posted:
Please make sure that you have visible proof of this person posting theses flyers as I had been wrongly accused by my PM of doing the same.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here