How HOAs Can Intervene to Stop Neighbor-to-Neighbor Harassment
The following article provides advice on stopping neighbor-to-neighbor harassment in your HOA.
Legal Counsel Involvement
When you suspect harassment, address it immediately. For any case of reported harassment, the association should always refer the complaint to legal counsel (or law enforcement if there is a threat of bodily harm, an owner's safety, or the security of the community). The HOA and the legal team work together to investigate the complaint, evaluate if the claim is valid, keep written records of all the steps taken, and then inform the victim throughout the process.
Legal counsel can help with the following:
Investigate the incident (if you have a source, act quickly, even if the resident did not come to your first.)
Send the perpetrator a cease and desist notice
Hold a hearing before the board
Charge fines
File a lawsuit against the perpetrator, if necessary
Send a Letter to the Offending Resident
Depending on the circumstances, either send a letter or a cease and desist notice to the perpetrator. If the harassment breaks the four primary elements, the offender breaks the law and qualifies for a cease and desist notice. For other forms of harassment prohibited in the governing documents, mail a letter with a return receipt to confirm the homeowner received it. Inform the homeowner that his' or her's behavior violates the law or the association's governing documents. Be specific about the occurrences and describe the action in detail. Warn the perpetrator that if they fail to discontinue the harassment, they will be subject to consequences such as fines, other specified sanctions, or legal action.
Mediate the Situation
Address the behavior in a structured discussion between the two owners and someone representing the association. This approach is beneficial if the harassment began over a minor dispute but evolved into aggressive attacks. Use your association's legal counsel as a facilitator to resolve the issue and avoid a lawsuit. If an informal mediation is unsuccessful or unrealistic, try a formal mediation and divide the cost evenly between the three present parties. Please consult with your attorney before pursuing mediation to ensure it follows protocol and sufficiently protects the association.
Handout Fine or Sanctions for Violations
In your CC&Rs, be sure to define the consequences of violating policies. Fining the offender is effective in enforcing most policies. We also suggest revoking privileges like sharing entertainment and fitness/recreation facilities.
Take Legal Action
The most extreme course of action is to get a restraining order against the offender. Suppose the victim feels unsafe and threatened receives a restraining order appropriate for the type of harassment. In that case, banning the offender from stepping on the victim's property may occur or require to remain a specified distance away in public. Civil restraining orders are a serious matter, so getting a court to grant you one may be a challenge. Be sure to check Florida law concerning civil restraining orders.
Other Preventative Measures
Continue the momentum by adopting specific anti-harassment rules (including measures to prevent retaliation):
Bring in an industry expert to provide training sessions with your residents and board members to recognize and avoid harassment.
2. Specify how to report the alleged harassment and procedures for investigation and action.
Additionally, make complaint forms available to residents. Consult with your attorney or an association manager to determine your COA or HOA suitability.
Condominium Associates is Here to Help
Condominium Associates wants to minimize its liability exposure. Consider bringing on an association manager to handle all of the unpleasantries involving residents and reduce the amount of responsibility you face.
A professional property manager has the skills and training to help properly navigate situations like resolving conflicts and dealing with legal matters. This fact makes it possible that they'll take care of any harassment issues and try to avoid lawsuits. An association manager can also help collect dues, manage the group's finances, handle maintenance issues, and deal with any other crucial responsibilities a board may have. Get free quotes from HOA and COA managers in your area if you're ready to start talking to your board about hiring some help.
DISCLAIMER: The above blog post is about best practices and State and Federal Laws. Therefore, condominium Associates is not a law firm and is not giving legal advice. However, we have professional legal counsels on our staff to help assist you. Contact us so we can direct you to one of our licensed professionals.
