When boards let HOA harassment go unchecked, it can create serious tension and disputes within the community. Harassment goes both ways, too, whether coming from the board or from the homeowners. Without taking action, harassment can lead to legal problems, diminished trust, and broader conflict.
What is HOA Harassment?
Simply put, homeowner association harassment refers to repeated, targeted, or unreasonable behavior by a party, meant to intimidate or pressure another party. It occurs within the HOA neighborhood. Harassment can take the form of board harassment (by owners) or owner harassment (by the HOA).
Keep in mind that not every disagreement or enforcement action qualifies as harassment. Board members have a duty to enforce the association’s rules. Enforcing violations is not the same as harassing an owner.
Similarly, homeowners have a right to raise concerns, ask questions, and know what’s going on in their community. If an owner wishes to view a financial record, for instance, boards should not take it as an insult against their leadership capabilities.
It is important to distinguish routine operations and procedures from true harassment. The latter occurs when actions become excessive, abusive, or personal. Context matters, and so do frequency and intent.
Common Types of HOA Harassment by HOA
Association boards must act within their authority at all times. They must apply the rules consistently and fairly across all residents. When they fail to do so, it may constitute harassment by an HOA board member.
Here are the most common instances of harassment by the association.
1. Over-Enforcement or Selective Enforcement of Rules
This occurs when the board strictly enforces rules against certain homeowners while ignoring similar violations by others. This creates a sense of unfair targeting. Even if the rule itself is valid, inconsistent enforcement can lead to claims of harassment or discrimination.
2. Repeated or Excessive Violation Notices Without Basis
Sending multiple violation notices without clear evidence or justification can cross the line. Homeowners may feel pressured or singled out, especially when the issue has already been addressed or never existed in the first place.
3. Abuse of Authority or Intimidation Tactics
Board members must act professionally at all times. They must never use their position to threaten, pressure, or intimidate homeowners. When they practice aggressive communication or imply consequences that are not within their authority, for instance, it can count as harassment.
4. Discriminatory or Unequal Treatment
The Fair Housing Act requires associations to treat homeowners fairly and equally. If the board treats residents differently based on protected characteristics or personal bias, it can lead to serious legal consequences.
5. Unreasonable Fines or Unauthorized Actions
Boards must always act within the scope of their authority. This authority is granted by state laws and the governing documents. If the board imposes fines or takes action that it is unauthorized to do, this can be seen as harassment. Associations must follow proper procedure when penalizing owners.
Common Types of Harassment by Homeowners to the HOA
Harassment can also come from homeowners. When owners exhibit aggressive or abusive behavior, board members may be unable to perform their duties without disruption. Here are the usual examples of homeowners harassing board members.
1. Harassing Emails, Calls, or Messages
Frequent, aggressive, or inappropriate communication can quickly overwhelm board members. This includes repeated messages that contain hostile language or unreasonable demands.
2. Threats, Intimidation, or Aggressive Behavior
Harassment can take the form of threatening behavior, whether it’s verbal or written. This can include personal attacks, legal threats without basis, and attempts to pressure the board into making certain decisions. A hostile environment is not conducive to smooth operations.
3. Disruptive Conduct During Meetings
Homeowners are invited to all open board meetings, but they must not cause disorder. Interruptions, shouting, and refusing to follow the meeting rules can prevent the board from conducting business. This type of behavior disrupts governance and affects others as well.
4. Spreading False or Damaging Claims About the Board
Harassment can include making false statements about the board or its members. Doing so can harm the board’s reputation and cause division within the community. Homeowners can certainly express their concerns, but they must not spread misinformation.
5. Excessive or Abusive Records Requests
Homeowners have a right to access the association’s records, but this right should be exercised in good faith. They must allow the board reasonable time to respond instead of sending repeated requests. Including threats in such requests can also count as harassment.
Where to Draw the Line
The line between acceptable behavior and harassment is not always clear. To distinguish harassment from normal behavior, it is important to look at the overall pattern.
Legitimate actions include:
- Enforcing rules based on governing documents
- Asking reasonable questions about operations
- Requesting records in good faith
- Expressing concerns during meetings
Boards or homeowners may cross the line when it becomes:
- Repetitive without justification
- Personal or threatening
- Disruptive to normal operations
- Inconsistent or targeted at specific individuals
Documentation plays an important role, too. Boards should always keep records of communications and actions. This can help establish whether behavior is reasonable or crosses into harassment. It can also come in handy in the event of litigation.
Consistency also matters. Boards should apply the rules evenly across all homeowners. This can help reduce claims of unfair treatment, thereby increasing the association’s legal exposure.
Is There an HOA Harassment Law in Virginia?
Section 18.2-60.3 of the Virginia Code addresses harassment and stalking. This criminal statute can apply to actions by board members or homeowners that constitute repeated, unwanted contact intended to harass, threaten, or intimidate.
In addition to this statute, fair housing laws also apply. Associations are prohibited from discriminating against or harassing residents on the basis of protected classes. If a homeowner is harassing the HOA, boards can seek a civil injunction to stop them. On the other hand, owners can seek a protective order from harassment by the HOA.
Adopting an HOA Harassment Policy
Associations can help address harassment within the community by adopting a formal policy. This policy can help clarify expectations, outline due process, and avoid a hostile environment.
This policy should define what counts as harassment or unacceptable behavior. It must also set standards for communication. What modes or channels should boards and owners use? Establishing response times can also limit repeated requests.
Additionally, the policy must outline the consequences for violations. Typically, penalties include fines, suspension of privileges, and even legal action after notice and an opportunity to be heard.
Board members should seek guidance from legal professionals when drafting and reviewing the policy. A lawyer can also protect the board in case of an HOA harassment lawsuit.
Board Actions for Homeowner Harassment Against HOA
What can board members do if a homeowner harasses them? The policy should outline the penalties, but common courses of action include:
- Issuing written warnings
- Enforcing meeting rules and removing disruptive attendees
- Imposing fines or suspending privileges
- Seeking legal action in serious cases
Remember that the association must have the authority to take the above actions. State laws and the governing documents typically outline the board’s powers and limitations.
What Can I do if My HOA is Harassing Me?
If homeowners are on the receiving end of harassment at the hands of the HOA, there are a few options:
- Submitting formal complaints to the association
- Requesting a hearing before the board
- Using alternative dispute resolution (mediation or arbitration)
- Sue the HOA for harassment if necessary
While some owners may jump to legal action, it is best to consider other routes first. Litigation is often expensive and time-consuming, and there’s no guarantee of winning. Because of this, it should come as a last resort.
A Smart Move
Managing HOA harassment may seem difficult at first glance, but boards are often equipped with the resources to accomplish this goal with ease. When in doubt, it is best to seek professional assistance. A lawyer or HOA management company can help associations navigate, prevent, and address harassment cases.
National Realty Partners is a leading provider of HOA management services in Virginia. We can help your board manage and enforce the rules. Call us today at 703-435-3800 or request a proposal online!
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