How to Prevent Bullies from Serving on the HOA Board

Question:

we are in the process of transition from builder to homeowner control. We have many residents that apparently feel it is ok to bully neighbors at places like out on the street, or while sitting at the pool, or using the amenity center for group activities.

Currently it appears that under builder control, there is very little done to discourage this, and one of the persons is running for a board position! Both this person and their spouse wreak havoc with anyone that does not bow down to their commands or opinions.

1: What can be done now (we are led to believe that both members have been periodically deprived of using the pool/amenity center, yet he still intends on filing a declaration of his candidacy

2: how does a community moving forward act to stop both public bullying within Florida law? (we will look for legal representation, but need to know what laws relate to items suggesting that fines and punishments are not excessively punitive!) I know social media is more difficult, the these folks have been banned from two social media pages for the community, so they started their own and are creating rumor and innuendo that is harmful and toxic to those who read it, and believe it. Anyone that dares to challenge them get censored and kicked off their page. What state policies define the limits for censure of known troublemakers within a community (yelling at people, initiating lawsuits after provoking people, simply to make money? (yes, rumors out in the community have stated they they intimidate people by bragging to them (threat) they have attorneys on retainer to sue people because that is their way of making money”. (Insane!)

At this point, I figure my first recommendation is to ask the new resident elected board to implement rigorous background checks, as this builder’s chaos results in other communities that were broke at turnover, and also evil folks got elected that embezzled money from the HOA while the HOA was in chaos its first 10 years.

Thanks!

– Paul

 

Answer:

Hi Paul,

When it comes to the HOA, homeowners can ensure those bullies are not elected to serve on the board by not voting for them. There should be more board candidates than open seats, though. Otherwise, those bullies can immediately take a position on the board because there is no competition. For things outside of the HOA’s control, it is best to speak with a lawyer. If the bullying or harassment continues, legal action may be the best course of action. You might also want to look into reporting the issue to local law enforcement, especially if there are threats of violence.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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