How to Stop Neighbor-to-Neighbor Harassment
DISCLAIMER: The following blog post is about best practices and State and Federal Laws. Condominium Associates is not a law firm and, therefore, is not giving legal advice. However, we do have professional legal counsels on our staff to help assist you. CONTACT US today so we can direct you to one of our licensed professionals.
How to Intervene to Stop Neighbor-to-Neighbor Harassment
#1: 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
#2: Send 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 prior four elements, the offender is breaking 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 he or she fails to discontinue the harassment, he or she will be subject to consequences such as fines, other specified sanctions, or legal action.
#3: Engage in Mediation
Address the behavior in a structured discussion between the two owners and someone representing the association. This approach is particularly helpful 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 make sure it follows protocol and sufficiently protects the association.
#4: Fine or Sanctions for Violations
In your CC&Rs, be sure to define the consequences for violating policies. Fining the offender is effective in enforcing most policies. We also suggest revoking privileges like using shared entertainment and fitness/recreation facilities.
#5: Take Legal Action
The most extreme course of action is to get a restraining order against the offender. If the victim feels unsafe and threatened, get a restraining order that's appropriate for the type of harassment—the offender may be banned from stepping on the victim's property or required to remain a specified distance away in public. Civil restraining orders are a serious matter, and so getting a court to grant you one may be a challenge. Be sure to check Florida law concerning civil restraining orders.
#6: Other Preventative Measures
Bring in an industry expert to provide training sessions with your residents and board members to recognize and prevent harassment. Continue the momentum by adopting specific anti-harassment rules (including measures to prevent retaliation). Specify how to report the alleged harassment as well as procedures for investigation and action. Additionally, make complaint forms available to residents. Consult with your attorney or an association manager to determine what's right for your COA or HOA.
CA is Here to Help
Condominium Associates wants to minimize its exposure to liability. Consider bringing on an association manager to handle all of the unpleasantries involving residents as well as 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. If you're ready to start talking to your board about hiring some help, get free quotes from HOA and COA managers in your area.