Disputes between neighbors are common, and most of them are not the association's business. Harassment is different. When one resident is being threatened, intimidated, or targeted by another, the board is often asked to step in, and in some situations it may be expected to.
This article is general information and is not legal advice. The association's attorney should be consulted.
Take Every Report Seriously
A report of harassment should be acknowledged quickly and in writing. If a threat of physical harm has been made, law enforcement should be called first.
For every other report, the association's attorney should be told early. Some conduct, such as harassment based on a protected class under fair housing law, can create exposure for the association if it is ignored. That subject is covered in our post on
when HOAs and COAs are liable for neighbor-to-neighbor harassment.
Document What Happened
A clear record should be built before any action is taken. The following should be gathered and kept in the association's files:
- A written statement from the person who made the report, with dates, times, and locations
- Photographs, messages, video, or letters that were provided
- Names of witnesses and what each one observed
- The section of the declaration or rules that may have been violated, such as a nuisance clause
- A log of each step taken by the board or manager, and each update given to the person who reported
Both sides should be heard before a conclusion is reached, and the person who made the report should be kept informed.
Send a Written Notice
When the conduct violates the governing documents, a written notice should be sent to the resident responsible. The specific incidents should be described, the rule or covenant should be cited, and the conduct that must stop should be stated plainly. The consequences of a repeat violation should be explained.
A notice of this kind is often prepared or reviewed by the association's attorney.
Use the Fine and Suspension Process
If the conduct continues, a fine or a suspension of common area use rights may be levied by the board for a violation of the declaration, bylaws, or reasonable rules. The procedure is set by section 720.305, Florida Statutes, for homeowners associations and section 718.303 for condominiums:
- At least 14 days' written notice must be given to the person who is to be fined or suspended.
- A hearing must be offered before a committee of at least three members appointed by the board. Officers, directors, employees, and their close relatives may not serve on it.
- If the fine or suspension is not approved by a majority of the committee, it may not be imposed.
- The statutory fine is limited to $100 per violation and $1,000 in the aggregate for a continuing violation. In a homeowners association, different amounts may be provided in the governing documents.
- A suspension may not cut off access to the home, utility services, or parking.
Tenants, guests, and invitees may also be fined or suspended, so the process applies when the person responsible is not an owner.
Mediation and Legal Action
Many harassment complaints begin as small disputes that grew. A structured conversation between the two residents, led by a neutral person, can end the matter before it reaches a courtroom.
Formal steps also exist. Under section 720.311, covenant enforcement disputes between a homeowners association and a parcel owner must be the subject of a demand for presuit mediation before a lawsuit is filed. The cost is shared equally by the parties unless they agree otherwise, and a court may still be asked for emergency injunctive relief first when it is needed. Alternative dispute resolution for condominiums is addressed separately in section 718.1255. The attorney should decide which procedure applies.
When notices, fines, and mediation have failed, an action in court may be brought by the association to enforce the governing documents. Under section 720.305, the prevailing party in that kind of case is entitled to reasonable attorney fees and costs.
A court injunction for personal protection is a separate matter. It is requested by the person who is being harassed, not by the association, and that person should be directed to law enforcement or to a private attorney.
Prevent the Next Incident
- A written anti-harassment rule should be adopted, with a clear way to report a complaint.
- Board members and staff should be trained on how reports are received and escalated.
- The same steps should be followed for every complaint, no matter who is involved.
Help With Difficult Resident Disputes
For communities managed by Condominium Associates, complaints are logged, notices are prepared, and hearings are coordinated by the community's manager with the board and its attorney. To talk about support for your association,
contact us.
