August 27, 2010

In this week's tip, we offer a reader on the HOAleader.com discussion forum suggestions for stopping harassing communications from angry homeowners—a situation that's all too common in today's economy.

Harassing contacts aren't uncommon, nor are they the only abuse board members face today. "Let's not forget the slashing of tires and the scratching of cars," says Dennis J. Eisinger, a partner at Eisinger, Brown, Lewis & Frankel PA in Hollywood, Fla., who currently represents more than 500 condo and HOA associations.

"It's a terrible, terrible problem, much more accentuated over the last three years with the decline in our economy, which brings out more hostility from people with time on their hands. It's getting worse and worse."

Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina, Minn., who represents associations, has also seen homeowners push boards too far.

"We just had a remarkably similar issue come up, and it came down to homeowners--under the pretext of sending helpful emails or emails conveying information to the association as a whole—essentially stirring up trouble and in a lot of situations insulting or calling into question the credibility of the directors."

Drewes suggests you begin by informing the homeowners involved that they're crossing the line. "We recommend you start by advising the people who are being problematic that their emails are having a negative effect and aren't serving the needs of the association well," he says.

"Board members in community associations are serving a particular function and role, but there are limitations to their duties in that capacity. They're not required to make themselves available 24/7 to hear every gripe and complaint that pops into owners' minds."

You'll be lucky if that initial step works. But if not, what's next? To hear more of our experts' advice on shutting down harassing unit owners, including being aware of the threat of violence, see our new article: Discussion Forum Follow-Up: Stopping Harassing Emails.

Best regards,
Matt Humphrey
President