Before board members can take action, there must be clear definitions in place. Your governing documents should explicitly outline unacceptable conduct—especially at meetings—and the consequences of such behavior.
Review your bylaws and CC&Rs for guidance. If these documents don’t yet define harassment or outline consequences, consider revising them. At a minimum, the rules should address:
Some associations also include a “quiet enjoyment” clause in their CC&Rs, stating that members have the right to live free from harassment or intimidation. This clause, when clearly written, can be used to take formal action against repeat offenders.
In addition to what’s in your bylaws, your meeting agendas should include language reminding attendees of the expected code of conduct. Something as simple as this can be effective:
“Attendees must not engage in shouting, profanity, obscene gestures, or other disruptive behavior. Violators may be removed from the meeting and may face fines or other sanctions.”
By setting expectations in writing, boards can manage behavior before it escalates and support enforcement actions when needed.
Document the Behavior and Communicate in Writing
If a homeowner’s behavior crosses into harassment, the board should act quickly—but professionally. Begin by documenting specific incidents. Record the time, date, and details of what was said or done. If possible, include copies of emails, voicemails, or meeting video footage.
Next, send the homeowner a formal letter. Clearly describe the behavior, cite the specific rule or policy that was violated, and explain the consequences if it continues. Depending on your documents, this could include:
This letter should aim to de-escalate while making it clear that the board is taking the situation seriously. Often, this step alone is enough to stop the behavior.
When Harassment Escalates: Legal Tools Available
In rare cases, a homeowner continues the behavior even after receiving a warning. At that point, the board may need to consider legal action.
Civil restraining orders are one tool that can protect board members. If a resident is sending threatening emails or confronting board members in person, a restraining order can limit or prohibit contact. Depending on the circumstances, a judge may:
The process for obtaining a restraining order varies by state, but it typically requires evidence of repeated harassment or threats. Police reports, screenshots, and written complaints can all strengthen your case.
If a resident ever threatens physical harm—or if a board member feels unsafe—it’s critical to contact law enforcement immediately. Threats of violence should never be taken lightly. Even if you’re unsure whether the person intends to act, documenting the incident with a police report adds a layer of protection and may support future legal action.
Who Covers the Legal Costs?
Some board members hesitate to pursue legal remedies due to concerns about legal costs. However, if the harassment stems from board-related duties, the association may use HOA funds to protect its volunteers. As long as the legal action is related to the board member’s role, and the goal is to restore safe and effective governance, most governing documents and legal counsel will support using association resources for this purpose.
When Defamation Becomes a Legal Issue
There’s a fine line between free speech and defamation. Homeowners have a right to voice opinions, even if they’re critical of the board. However, if someone spreads malicious and false claims—such as accusing a board member of theft or misconduct without evidence—they may be liable for defamation.
Boards considering a defamation claim should consult legal counsel to assess the viability of the case. Not all negative statements qualify, and courts typically require clear proof of harm to reputation and malicious intent.
Mobilizing the Community to Discourage Harassment
When one homeowner is disruptive, community unity can be a powerful tool. Encourage other residents to speak up when someone behaves inappropriately during meetings. A calm, united response can help de-escalate the situation.
In some cases, peer pressure is more effective than a warning letter. A disruptive homeowner who sees that the community doesn’t support their behavior may be less likely to continue acting out.
Preventing Harassment with Professional Support
Harassment can place a heavy burden on volunteer board members. If these issues are persistent or particularly serious, consider working with a professional HOA management company.
By bringing in a neutral third party, boards can focus on governance rather than conflict management.
While board members volunteer their time to improve their communities, they shouldn’t be expected to tolerate abuse or harassment in the process. By clearly defining expectations, documenting incidents, responding decisively, and seeking support when necessary, HOA boards can protect their members and maintain a respectful community environment.
For associations facing persistent or escalating harassment issues, working with an experienced property management company can offer much-needed guidance and stability. Gordon James Realty offers trusted HOA management services designed to support effective governance, minimize risk, and foster healthy community relations. Contact our team today to learn how we can help your board navigate challenges with confidence.
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