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Homeowner threatening kids

Started by HB • 13 replies • 1427 views

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HB (Oregon)
Posts: 143
Posted:
There are several homeowners whose children were recently threatened by another homeowner. They contacted the police, but I think they just came out and took a report. They would like to know if there is anything the HOA can do.

I said I wasn't sure, but that I would look into it. I know we can send notices to homeowners that are disruptive, or a nuisance, but what about threatening to other residents? Any advice would be helpful. Thanks!
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
HB,

This is a matter for the police.

The wise homeowners association board comes to understand that there are somethings they should not get involved in. This is one of them. Even though you may have the ability to take some kind action, restraint is the best approach.

If you have hard evidence of a crime, then that should be turned over to the police. If you have no evidence other than a report by a homeowner, then you most likely have no basis for any action at all.

You can monitor the situation, but let the police handle this one.

SusanW1 (Michigan)
Posts: 5,202
Posted:
I'm sure there are two sides to this story. You don't say why the kids were "threatened" - gee, that's even open for interpretation.

In the meantime, make sure all your residents know about community rules, and other ordinances, including trespassing, curfew, noise ordinances, and include a referral for mediation counseling.
KirkW1 (Texas)
Posts: 1,665
Posted:
Two things to consider here:

1) Do you really want to be a police force?

2) Don't you think there is a reason the police only took a report without action?

While the standards are much lower in civil courts, I would not want my HOA going into the line of police work.
MaryA1 (Arizona)
Posts: 7,043
Posted:
HB,

There are always some members of an HOA who think the BOD must get involved in every problem that arises in their lives. This is a perfect example of a situation that has no valid cause for the board to intervene. This is a police issue; if even that! As a board member, don't be afraid to let the assn members know if a particular issue is NOT a matter for the board to become involved in. Violations of the CCRs and/or the rules & regs are the only matters in which the board has authority. Disputes between neighbors are between the neighbors!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,
I'd also like to know if there were witnesses to the "threat" or is it just what the kids relayed to their oarents. Sometimes kids do get things a little exadurated. Yup, this is not a Boards problem right now. Let the authorities handle what they are supposed to. Also, the kids need to have boundries set and if they are crossing them, then we need parents to step up and take care of things from their end.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By DonnaS on 08/17/2008 7:09 AM

Mary,
I'd also like to know if there were witnesses to the "threat" or is it just what the kids relayed to their oarents. Sometimes kids do get things a little exadurated. Yup, this is not a Boards problem right now. Let the authorities handle what they are supposed to. Also, the kids need to have boundries set and if they are crossing them, then we need parents to step up and take care of things from their end.

But, Donna; it's so much easier to let the BOD be the heavy! Afterall, I want to be my Junior's best friend! LOL
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Mary you jest!

Maybe we should deputize our board members and give them badges. And instead of a clubhouse, we should construct jails as neighborhood amenities.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By GeorgerwilliamsW on 08/17/2008 8:08 AM

Mary you jest!

Maybe we should deputize our board members and give them badges. And instead of a clubhouse, we should construct jails as neighborhood amenities.

George,

Yes, I jest! I know I'm close to Donna's generation; and probably yours too. Just making light of the mindset of so many modern day parents. LOL
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By HB on 08/16/2008 10:34 PM
There are several homeowners whose children were recently threatened by another homeowner. They contacted the police, but I think they just came out and took a report. They would like to know if there is anything the HOA can do.

I said I wasn't sure, but that I would look into it. I know we can send notices to homeowners that are disruptive, or a nuisance, but what about threatening to other residents? Any advice would be helpful. Thanks!

As others have said leave the criminal matters to the police
NicoleO4 (California)
Posts: 160
Posted:
I also agree.. don't read into "what is threatend" as this really is NOT the realm of the HOA.

This is clearly a legal matter. Let it stay that way otherwise Mr. Adult who has "threatend" may turn around and sue your board for slander.. it could happen. Leave it be.
HB (Oregon)
Posts: 143
Posted:
Thank you for confirming what I pretty much thought already. The homeowners asked me at a neighborhood BBQ and I always like to take seriously any requests (even if there isn't anything the HOA can do about it). Also, I am definitley no expert in HOA issues, so I would hate to say "That's not the responsibility of the HOA" and then come to find out later I was wrong. I usually say that I will look into it and let them know so they don't feel like I am shutting them down.

MaryA1 (Arizona)
Posts: 7,043
Posted:
HB,

"I usually say that I will look into it and let them know so they don't feel like I am shutting them down."

Very good answer! When you do provide an answer it might be a good opportunity to educate the members a little on exactly what the board's responsibility is (anything outlined in the gov. docs.under "duties, responsibilities of the BOD) -- and isn't! Getting into the middle of disputes between neighbors is one thing on the "isn't" list.
StevenW3 (Oklahoma)
Posts: 64
Posted:
I agree this is a civil matter that any HOA should avoid. With few exception I believe HOA's should not get involved in any disputes between neighbors. Now as a citizen if I were to witness an overt threat of harm to kids who were doing nothing then I'd report it. On the other hand should the kids have been caught red handed doing something wrong then I'd support the home owner as long as no physical threat was made, otherwise let the police/city attorney handle the situation. I've caught kids from another neighborhood letting their dogs swim in our pond (no swimming is allowed human or otherwise due to liability issues) and told them not to bring their dog back and to keep them on a leash if they did. Some would consider that a threat...

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