Homeowner believes HOA board behavior is harassment

Q: During a recent board meeting, which I did not attend, board members and the community manager engaged in a “bitch session” about myself and another homeowner, calling us “crazy.” They said we had no life and were bored. This is because we question their decisions and lack of adherence to protocol and procedures. (By the way, the manager reminded the board to not mention names but added, “They complain about every little thing.”)

We previously encountered this same behavior and complained to the board, to no avail. Article 12 of our bylaws states that all homeowners should be treated with respect.

We researched the Nevada Revised Statutes and found this behavior falls under threats and harassment and as such is considered a legal matter and the Ombudsman’s Office cannot help us.

The manager also mentioned that we will be listening to the recording of the meeting. We did that today!

How do we stop this appalling behavior?

Thank you in advance for whatever you can help us with.

A: You have three choices. Hiring an attorney to issue a cease and desist against the associations’ directors or recalling the directors or finding better homeowners to run for the board at your next election. There is no need for such behavior by the board. It’s this type of behavior that gives associations a bad name.

Q: Last August, my block wall was destroyed by a 17-year-old driver at 4 a.m. He actually lives around the corner from me. My HOA fought me heavily on repairing the wall and would not even board it up.

After many weeks of negotiation, I was told by a neighbor, who was a former HOA board member, that the HOA did indeed have insurance to cover this damage.

The HOA board wanted me to use my homeowners insurance to repair the fence. The block wall is actually the HOA’s responsibility as it is a common wall bordering entrance to my neighborhood. The director told me that the HOA would not repair or board up my wall. Thankfully, I was put in touch with the insurance company, and they did repair my wall after months of my backyard being exposed to foot and car traffic.

My question is this: Can anything be done to the person responsible for the mental duress caused me by the director? I am a retired educator living on a fixed income, and I would hate to think that this could happen to someone else in my position. Thank you so much for your time and consideration.

A: You would need to hire an attorney to sue the individual and the association. You probably should contact a personal injury attorney and see if the firm is willing to take your case. You would need some documentation as to the mental stress from your doctor in order to assist the attorney in providing a case against the director and the association.

Barbara Holland, CPM is an author, educator, expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.