Nuisance Resident

Started by MargoT2 • 7 replies • 1697 views

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MargoT2 (Texas)
Posts: 2

Posted:

We have a resident in our assoication that is becoming a real nuisance and actually harrassing some of our other residents. She and her husband are constantly underminding the Board, removing notices from mailboxes and clubhouse bulletin board. They are threatening to get signatures for something the Board is not familiar with. They are constantly calling our President with issues that have already been solved. They have placed a cat trap in another neighbors yard and that neighbor is truly afraid of the couple doing these odd things. The husband has gone into the pool equipment area and changed controls. We would like to prohibit them from using the common area facilities. Do we have any recourse? Our By-Laws state that "Adopt and publish rules and regulations governing the use of the common areas and facilities including the personal conduct of the members and their guests thereon; and to establish penalties for infractions of such rules and regulations". I am aware that most communities have at least one person that tries to cause trouble but we are a small community (100 homes) and she has become very troublesome.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Margo,

It sounds like tresspasing charges should be filed against them. Chances are that you cannot prohibit them from using the common area if they are current with their dues unless your documents have statements about behavior and enforcement in the common area.

The neighbor who was gifted with the cat trap can also get a tresspassing warrant against him. Let them threaten the Board to death, that is another reason to get them reported.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Margo,
If your board is serious and has no evil to hide in all this and you are 100 homes, it seems the answer is to hire your lawyer or another lawyer to send them an official letter from the board outlining their concerns, outlining the infractions and inform them if the persist you will take them to court. The Board is charged by the members and by your documents to protect the association. If you are close to the mark there is no way this should continue, the next thing you know this guy will be suing the Board for not enforcing the covenants. Not an unusual event, and nearly all become non-events once the situation is established you the boss is. The Board is the boss, he wants to change things he has to change the Board. And if you are right, then your board has to become the aggressor or at least the father/mother figure and keep things in line.

DanielH1 (California)
Posts: 482

Posted:

Vote on a bunch of rules and fines and then fine the heck out of them.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I am sure if you think about it DanielH you can come up with 10 thoughts of why your suggestion is a bad idea. It does bring out how important it is that if you are in a position to use power, to never get off the high road. This little item can get you in a bunch of trouble, change things for the betterment of the association and only that reason.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Margo,

Do you have actual proof that the removing of notices, adjusting pool controls, etc. are happening by this couple or are they guilty of one and suspected of the rest?

Take some of the issues as learning experiences. It has been proven that unauthorized access to pool controls can happen. Secure the pool equipment better or install cameras. It has been proven that notices can disappear from the community bulletin board so develop better methods or purchase a board that can be locked.

As for recourse for bad behavior, you can only enforce what is already in place. Making new rules/regulations to target one family can be a form of discrimination. You can still make those rules but would have to enforce them on everyone.

As was previously suggested, when laws are broken (trespassing, animal cruelty, etc.) contact the police or the appropriate agency for them to handle.

Treat them as you would any other member of the Association. If they want to get a petition together, let them. It's their right. If the board doesn't know about a situation, invite them to a meeting so they can inform the board of the issue. Don't make it confrontational and don't make any decisions that night. Just listen.

Tim

GlenL (Ohio)
Posts: 5,491

Posted:

Welcome Margo and yes every Association has at least one. If you have proof of them removing the postings either photographic or a witness willing to testify that they actually saw them doing it then I suppose you could charge them with destroying property. The pool controls should be in a locked room and no homeowner other than those authorized by the Board should have access to them. If the neighbor is afraid then the neighbor should call the authorities and the BOD should stay out of it. The president should simply thank the person for their view point and move on or if s/he doesn’t want to take the calls, either screen them or send them a cease and desist letter. As to the threatened petitions I would tell them that it is their right to solicit their neighbors.

The more you let these people force the BOD to react to them the more empowered they will become. As my momma used to say: Never wrestle with a pig. You get dirty and the pig enjoys it.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,062

Posted:

Glen,

Sounds like your momma was a very intelligent person with lots of common sense.

Tim

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