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MargeH (Maryland)
Posts: 3
Posted:
I'm interested in some advice on how to handle a lot owner who scrutinizes every move the Board makes. Not because she is a concerned citizen, but because she dislikes the people on the Board. She's never attended one single meeting the entire time she has lived here, has had liens filed against her property for HOA fee delinquency, yet she threatens legal action once she spots clearly unintentional mistakes in the meeting minutes, doesn't agree with agendas or how/when something is posted on the website, and on and on...(per our state's HOA laws.) She will seek out the most minor infraction and file complaints against the HOA..minor complaints. There is no mismanagement of funds and no "funny business" to speak of. Spending is closely watched and HOA fees are reasonable.

This is a very well run community who does its best to cross every T and dot every I. However, we are also volunteers from all walks of life and mistakes are prone to happen. We're talking minor mistakes, folks. Should we have to put up with this every month? Don't we have any recourse on what is clearly harassment and abuse of the legal system? HELP!
JeffR7 (California)
Posts: 251
Posted:
Marge, you probably want to talk to an attorney because there are legal thread. But in general I would just ignore this person. let her know what all communication must come in writing and just keep it in one folder. You can't please everyone, so don't even try.

TimB4 (Tennessee)
Posts: 21,047
Posted:
Marge,

Respond to any written concern. If they phone in concerns, ask them to place it in writing so you don't forget. When they point out mistakes thank them for pointing it out. If they have ideas for the website, committee, board, etc. ask that they serve on it (most will turn it down).

Basically, treat them the way you would want to be treated. This doesn't mean accommodating every whim, it just means be civil and respond to things they point out. It's also best to address each issue separately rather then all at once.

If you read my thread titled Dealing with problem member you'll see that you are not alone in this type of issue. It's part of being on the Board. I have found that the best thing is to insist issues be in writing so there is a paper trail if you ever need it.

Tim
BradP (Kansas)
Posts: 2,640
Posted:
Marge:

Tim is spot on, the problem with today's world is it is too easy to complain. If she has a complaint ask her to submit in writing and if she does respond in writing. she will get tired of that sooner or later on petty stuff.

You don't have to jump everytime she says boo, just make the lines of communication harder for her without telling her that is what you are doing. If she complains about having to do everything in writing I would respond that due to the volume of concerns/complaints the board wants to make sure we don't overlook anything so having it in writing is necessary.

Chronic complainers do so because it is so easy today with email, social media, etc.
BrianB (California)
Posts: 2,820
Posted:
Tim and Brad offer a lot of great advice. Get it in writing, respond appropriately, etc..

I will add some of my own:

Continue doing what you are doing (well, not the mistakes).
Be transparent. Open. Honest. Even if a mistake is made, this 'background' will help convince a judge that there was no intent or cabal behind a mistake.
Listen politely, plaster a smile on your face, and practice this sentence: Thank you for bringing this to our attention. We will certainly look into it.
And don't sweat the threats. Honest, anyone can threaten a lawsuit. Heck, anyone can file a lawsuit. But winning them... that takes time and effort, and in general, people who threaten are far too lazy to put the time and effort into actually going through with it. Don't jump at the shadows, save all that energy for when you actually see a legal document properly done through the courts.
JeanneK3 (Maryland)
Posts: 562
Posted:
Marge:
I agree with all the above. Where does this person file complaints? Is it just with the Board or is it elsewhere such that it is costing you money?
Jeanne
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Every HOA has one of these people. It's just the nature of the beast. After many empty threats, I learn to respond with this little tidbit. "You sue your HOA you are suing yourself and your neighbors". It's amazing the reaction you get when you impart this bit of information on someone using empty threats of lawsuits. It forces them to THINK about what they are saying and who it effects. An oportunity for them to realize their part in a HOA.

It's been most of my experience someone threatening to sue in a HOA, doesn't. Plus it's much cheaper for a HOA to file a counter-suit than to actually file a complaint/case. I would just tell someone to go ahead and sue if they want. Will see you in court. Don't let a threat of a lawsuit be a knee-jerk reaction. Let it be what it is, an expression of frustration that person is feeling. You then take that frustration and work on it from there.

These people are alot like "vents" of the HOA. Just try to offer a way for the venting to work for you and NOT against you. Tell them if they have a complaint you welcome it and they can put it in writing. However, they must understand that letter will be read ALOUD at an open meeting. If they would like for everyone to hear their words coming from somebody else, then keep NOT attending meetings. If you want to express yourself in your OWN words, then I highly suggest you attend a meeting. You just have to address these people full on and out in the open. They will usually hide back in their hole or learn to make an effort to participate. Just don't let their empty threats cloud your judgements or reality.

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Marge:

You must be new to this as it seems everyone gets threatened with legal action. The reality is that the only type of relief that most HOA members can obtain is injunctive relief. Most states limit the jurisdiction to issue an injunction to a higher court; that is, the local dog-bite court will not have the legal authority to enjoin the HOA. Therefore, the member is almost always going to need an attorney as few of us know the difference between a temporary restraining order and a permanent injunction and even fewer know how to get one issued. The member can expect to fork out a minimum of $5,000 just to get started and $20,000 is more likely. That assumes the member can even find an attorney that will take the case as most states have some sort of sanction against attorneys who file frivolous lawsuits.

I ignore all threats of lawsuits coming directly from members. (They often claim violation of some non-existent statute, such as the member who insisted we were not complying with the Arizona Anti-Dust Ordiance, which no one else ever heard of.) If and when I receive a threat of legal action from an attorney I will sit up, take notice, and forward it to our attorney for his advice. Until that happens, though, I consider all member threats of legal action to be just hot air.

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