violation for Board harassment

Barbara,
If the level of activity reaches a level of harassment by any individual, it is against the law.

If you are talking about preventing this activity from reaching a crisis stage then certainly the BOD president should confront the offender and tell him firmly, that kind of action will not be tolerated and request this person meet with the board to resolve differences.

Robert1
You said:
If the level of activity reaches a level of harassment by any individual, it is against the law.

If you are talking about preventing this activity from reaching a crisis stage then certainly the BOD president should confront the offender and tell him firmly, that kind of action will not be tolerated and request this person meet with the board to resolve differences.
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Absent a board meeting what authority does the president of the board, or any officer have to confront another member of the organization?. Our docs specify the duties of the president, but other then sign contracts, etc. it does not mention any duties beyond chairing the board meetings. Unless of course they are paying more in association fees then others. Being volunteers, our board duties give no more authority outside the time we are conducting the meetings then, that authorized by all home owners.
I agree with you statement that it is against the law, but that is a private matter between the person being harrased, the person doing the harassing, and the legal authorities.

Jim:

Here is an excellent article on the subject of Board Member harassment including suggestions on how to deal with it. It cites Ohio law but I would imagine most states have similar laws.

http://www.ohiocondolaw.com/articles/verbal_abuse.htm

Awesome article, Glen.

Love the letter. Perfect.

Board members should not give the impression that they are a spokesperson for HOA issues, or can individually solve or even discuss HOA issues with homeowners.

Stopping the discussion with a "I am not at liberty to discuss this with you. Please attend a board meeting or put your issues in writing and send it to the board."

I have seen many board members get in trouble because they gave the impression to homeowners that they had some kind of individual power.

A manager told me her communities have adopted a rule for this. I was wondering how many other communties have a rule.
Barbara

Barbara,

In my opinion, this type of rule would be unenforceable. Who would make the call on what is the harrasement,to what dgree is it harrasement. This is a civil matter,not something the Board has the power to judge. My Husband harrasses me sometimes and so does my Brother. You might be offended by what they do, others may not. I cannot see any Board having the power to send a cease and desist order on this. It is not something your documents give your Board an authority to make rules over. Behaviors on common grounds, yes, but not otherwise.

Barbra as Harry Truman once said: "If you can't stand the heat, stay out of the kitchen."

While there is no excuse to get in someone's face and yell; the things you've said hardly rise to the level of harassment. Like it or not a Board member is the face of the Association, when we run for the Board we promise to uphold and enforce the Covenants; many homeowners take that literally and expect the Board member to know and do all.

Hi Barbara,

I wish that I could feel correct in saying that there is something formal that a Board member can say or do when they feel that there is harassment going on, but there isn't. People are just rude and bolder now. You can see it on the streets, in the stores and in your HOA.

Look at some of the articles in the papers about HOA members getting into shouting and shoving matches. Not long ago in Florida, an 83 year old guy clocked his 81 year old Board President. They were arguing over a plant.

At a Board meeting that I was an officer, we had to ask a resident who had more than his fair share of happy juice, to please quiet down. He tried to jump over a table to get at the Board (all of us) because he felt that he had the right to discuss whatever he wanted and it was certainly not HOA business. It was about someone's haircut that he did not like. To be on the Board, you have got to have thick skin and turn a deaf ear when you don't like what you are hearing.

There is a delicate balance. Too often the focus assumes that the owner/member is the offender as in the excellent discussion of how to handle harassment if harassment really exists posted by GlenL on 10/24/2009 1:09 AM VERBAL ABUSE OF A BOARD MEMBER SHOULD NOT BE TOLERATED .

But sometimes the owner/member is right in a question or criticism of the board, but the board doesn't want to address the issue choosing intead a claim of harassment. Further, consider that the owner/member is persistent on the issue. Consider the following quick editorial in the Detroit News:

Last Updated: October 24. 2009 1:00AM
Editorial Quick Hits: Silencing criticism doesn't pay
The Detroit News

An American Civil Liberties Union settlement with Salem Township officials may help restore free speech and vigorous dissent at public meetings in the Washtenaw County community. At a 2008 public meeting, a resident criticized then Township Supervisor Fred Roperti for lacking "openness and transparency" and was removed by law enforcement officials. When another resident objected to the ejection, he also was escorted out. This is a representative democracy, not a banana republic. Residents have a right to critique the performance of public officials to ensure their tax dollars are used wisely. We're glad the township has settled the suit, paid damages and belatedly recognized by resolution "the rights of the members of the public to criticize ... officials based on their performance without fear of any adverse consequences." It's a lesson the officials should have learned in school, not at the courthouse. It would saved the township from public shame and the taxpayers $27,500 in restitution.

Rather than claiming harassment, IMHO it is much better policy to be open, to have records open, and to answer all questions. When an owner/member persists, investigate further and communicate the findings back to the owner/member in writing. Claim harassment only when you are sure that the owner/member's complaint doesn't have merit.

Michele,

I believe you mean the public body open meeting laws don't apply to HOAs, right? A number of states have adopted HOA open meeting laws, one of which is AZ.