Monday September 30, 2024
Understanding HOA harassment
With their many beneficial attributes, homeowner associations (HOAs) offer communities valuable structure and support that help properties and residents thrive. However, in some cases, there have been reports of harassment between residents and their HOAs. While these instances are not common, it’s essential for both board members and homeowners to take proactive steps to prevent and address these situations when they do arise.Given the seriousness of this issue, it’s crucial we provide a clear and detailed explanation of what constitutes this behavior in the first place, as understanding the scope and implications can help both board members and residents address and prevent it effectively.
Harassment refers to the unpleasant, hostile, and uninvited conduct or situation implied upon an individual by another. HOA harassment, specifically, refers to any form of mistreatment or intimidation that is directed to homeowners by their association. This can include behaviors that are not welcomed and intended to cause distress, infringe on rights, or foster a hostile environment.
Examples of homeowner association harassment
Some common behaviors are:- Offensive language, including derogatory comments and personal attacks
- Threats of physical, legal, or financial harm
- Some residents report that some types of harassment include fines and penalties, as excessive fines may be levied for minor infractions.
- Cases of privacy invasion are also seen, where HOAs may introduce or conduct inspections without proper cause.
- All of these can also be selective towards specific residents and not others, and that, in itself, is another form of harassment coming from the HOA.
How to deal with HOA board member harassment
Regardless of who you are, no one should have to deal with harassment. If you are a non-board member, confronting the association can be daunting, but keep in mind you are protected and that there are strategies and practices in place to help you address the issue at hand.We understand that an HOA’s role is to promote community rules and make decisions to help maintain the community's success. Therefore, we recommend you familiarize yourself with the association’s bylaws and rules and regulations to assess issues regarding penalties and guidelines. Also, we recommend you review all assets and resources your association provides regarding those subjects, as they may contain helpful information to help with your case.
We suggest that, as soon as possible, you try to document all incidents and gather evidence that could be used later. Keeping a record of dates, times, and descriptions can help provide a clear picture of what occurred. Once you communicate with your association, try to express your concerns and seek resolution. If this alone does not resolve the issue, we suggest seeking mediation.
How to report HOA harassment
Before communicating your issue, take a look at a list of detailed steps we suggest you follow to report what is happening:- Document the incidents: Keep a record of all instances of harassment and always note the date, time, location, and details of each incident.
- Review HOA bylaws and regulations: Understanding the rules can help you determine if the behavior you are experiencing qualifies as harassment.
- Communicate with the HOA board: Reach out to the HOA board and inform them about the harassment you are facing. Provide them with documented evidence and explain how it violates the HOA's rules.
- Attend HOA meetings: Attend HOA meetings to raise your concerns about harassment. This provides an opportunity for the board to take action and address the situation, especially if this takes place in front of other board members and residents.
- File a formal complaint: If the HOA board fails to address the harassment, consider filing a formal complaint. Consult your HOA's governing documents or website for the procedure to file a complaint, and make sure to include all relevant documentation and evidence to support your case.
- Seek legal advice: If the harassment continues and your HOA does not take appropriate action, we recommend you begin to consult with a lawyer specializing in HOAs.
Can you sue for HOA harassment?
If you find yourself in such a situation, it is crucial to understand your rights and options. Consulting with an attorney who specializes in HOA law can provide you with valuable guidance. An attorney experienced in this area will have a deep understanding of the statutes and regulations that govern HOAs. They can help you determine if the actions of your HOA constitute harassment and if you have grounds to sue.Therefore, yes, you can sue for HOA harassment if your legal counsel believes there to be a case. However, lawsuits can be costly and take a long time if taken to court. Nevertheless, if the conflict cannot be solved with the help of mediation or a beneficial resolution from both parties, you can protect and defend your rights using legal action.
Penalties for HOA harassment
Fortunately, there are legal repercussions for those who partake in this form of harassment. Although the outcomes vary and should be analyzed depending on a case-by-case scenario, some potential penalties that can be imposed include:- Financial: If there are legal actions followed, the court may demand the association to provide compensation for distress, legal fees, or any other financial losses that result from the harassment.
- Injunctions: If done by one specific member and depending on its severity, courts may also impose restraining and/or cease and desist orders to restrict their actions.
- Removal: Most commonly, partaking in this behavior will lead to removing the board member to stop the abuse of power within their authority.
- Reputation: Damage to an individual’s reputation can be a penalty, as their public image can suffer if they are involved in acts of harassment.
Preventing HOA harassment
There should be no space for harassment in the places you call home. If you are a non-board member, make sure to follow the steps discussed if you find yourself in this type of situation.If you are a board member, the simplest form to avoid instances of harassment in an association is to emphasize and promote prevention in the first place. We suggest taking the initiative and educating board members and residents on what keeps a community thriving can benefit greatly.
As always, establishing clear guidelines and rules for everyone in the community to respect and follow can help prevent unwanted situations. In particular, it is essential to remind the board members of the ethical guidelines regarding their roles and responsibilities. Being a board member means being a vital part of your community’s well-being, and it is a responsibility that needs to be carried out within its ethics.
Promoting a culture of respect and fairness can also be adjacent to having rules and guidelines that are fair for all within the community. We encourage open communication, empathy, and understanding among residents. Associations should also prioritize hosting community events, fostering a sense of belonging, and promoting neighborly interactions to help create a positive atmosphere where everyone feels valued and respected.
To learn how FirstService Residential can support your community's vision, contact a member of our team.