Conflicts Between Board Members And Homeowners Part II
Dealing with Problematic Board Members Options
The remedies available to homeowners for handling a problematic board member depend, in part, on the applicable state's laws and the HOA's governing documents. In relatively mild cases, simply organizing a campaign to defeat the board member in the next HOA election may be sufficient. When more immediate action is necessary, most states or community bylaws have procedures for removal (akin to a recall of a political officeholder), allowing homeowners to submit a petition for disposal (or similar request) seeking a vote to remove the troublesome board member. Generally, a governing document or state statute authorizing removal will define the types of conduct warranting removal (e.g., misappropriation of association funds or other criminal conduct, failure to properly perform duties).
Suppose an HOA board or board member violates the association's governing documents or refuses to enforce valid covenants. In that case, individual members have the standing to bring a lawsuit asking a court to issue an order enjoining further violations, reversing invalid rules, directing the board to enforce covenants, or even awarding money damages, when warranted.
Preventing Harassment
Harassment by a homeowners association or board member is never acceptable. The appropriate response to harassment of a member depends on the nature and severity of the conduct. Report any harassment reaching the level of criminal behavior to the appropriate local law enforcement agency. Address harassment relating to debt collection through a complaint under the Fair Debt Collections Practices Act (FDCPA) or by reporting the conduct to the Consumer Financial Protection Bureau (CFPB).
A member who believes he or she is being harassed via selective or overzealous enforcement of community rules may be able to obtain relief through a civil suit. A member subject to harassment by an association based upon race, color, religion, sex, familial status, national origin, or disability may have recourse under the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), or similar state anti-discrimination statutes.
HOA's can help protect themselves from these types of problems by adopting policies and procedures that clearly define the association's expectations concerning board members and officers—ideally with the assistance of counsel. When warranted, association policies can establish a protocol for members to submit complaints and a mechanism for sanctioning offending board members and officers. Alternative dispute resolution, like mediation or arbitration, can also be helpful when conflict arises in an association.
Florida requires ADR before instituting legal proceedings between an association and a homeowner.
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Homeowners and board members alike need to understand the proper role, obligations, and authority of an association's board of directors. An HOA board that performs all of its critical functions without exceeding its powers is not only less likely to get sued; it also stands a much better chance of maintaining a smoothly run organization. Community members will be satisfied and willing to support the board in carrying out its duties. Contact your local HOA management at Condominium Associates. We are here to help you through the most challenging issues presented in your community.