Publications

Dealing with abusive behavior

Published July 19, 2003 as
Having a new home means learning association’s rules

Many people move into a new home which in turn makes them a member of an association. Frequently, it is a matter of days or even weeks before they become acclimated. While purchasing extension cords and deciding where to hang pictures, the new homeowner must also make it a priority to learn about the rights and obligations of being an association member. A new association member should become familiar with the rules immediately and also have some familiarity with the covenants and by-laws.

Surprisingly, someone may move into a new home in an association and either not understand that there is one (usually these are single family homes) or learn what is expected of them.

Association living is a binding contract between the owner, his neighbors and the organization constituting the responsibilities one must accept. All owners have the right to vote, use the facilities, entitled to peaceful enjoyment of their home, attend open meetings, etc.

Conversely, each owner also has an obligation to pay their assessments on time, obey the rules, and refrain from encroaching on or disrupting the quiet enjoyment of their neighbors’ home.

A board of directors for either a new or older property must always make sure that (1) it has rules and regulations, (2) they are up to date and (3) every resident (owner and tenant) has a copy. However, giving people documents to read and trying to educate them will still not make anti-social behavior obsolete. Defined limits and procedures must be put into place so that when someone disregards the rules of the community, there are consequences.

Association boards frequently receive complaints from one owner about another resident. Sometimes it is a clear cut rule violation, sometimes it is obnoxious behavior, sometimes it is outright harassment and sometimes it is actually a threat to someone’s safety. Each situation necessitates its own response.

Association boards are already burdened with multiple tasks and limited time constraints and cannot always be the arbiter of every petty grievance nor should they have that responsibility. However, there are occasions when the elected representatives should step in because it is more than a mere “neighbor dispute.”

When the property manager or the board receives a complaint, here are the steps that should be followed and incorporated in some fashion into the rules and regulations:

Investigate the complaint and the behavior in question; identify who is involved, how many witnesses, were the police called and is there documentary or photographic evidence?
Make a determination whether it is merely a dispute between two neighbors, such as a noisy stereo, TV, or a rule or covenant violation. Attention boards, steer clear of neighbor disputes!
Follow procedures, i.e., warning letter, hearing, fine, etc.)
If it is behavior that is criminal in nature, advise the complainant to call the police. The association cannot get involved enforcing the state criminal statutes. A board may receive calls that “so and so” is dealing drugs, etc. The board of directors is not equipped to handle that type of situation; it can only respond to the noise, nuisance or traffic that it causes.
Lastly, what does a board do when one member complains they have been the victim of abusive behavior, harassment or even racial discrimination from another owner(s)? This creates a dilemma that goes beyond mere rule enforcement or shuffling off the criminals to the local constabulary. A board could get sued for condoning these types of behaviors if it is serious enough and the board fails to act.

It has been suggested ((see Community Association Management Insider, published by Brownstone Publishers for the Community Associations Institute, June 2003) that a board adopt a policy that bans abusive, harassing or threatening behavior. For a board to get involved in these types of situations, there should be a “zero tolerance” policy included in the rules.

The rule itself will not deter someone who is capable of this conduct, however, what it will do is empower the board to act, using the full force and weight of the association to curtail it through legal means. If a violation of the policy constitutes a violation of the rules, it could cost the abuser heavily in fines and even legal fees. It would also give an association a basis in which to seek a court order to have this individual removed from the premises.

In reviewing and updating its rules, a board should consider adding such a policy. Although it is no guarantee the people will conduct themselves appropriately, it may act as a deterrent if those inclined to this type of behavior are made to understand they could be fined, or even evicted, when they fail to abide by the most basic rules of civility and decorum and it would certainly give an association the legal authority to take action when the situation warrants it.