Most disputes between neighbors are settled with a conversation. Some are not. Residents of a homeowners association or condominium have several options when that happens, and the association has a part to play in some of them.
This article is general information and is not legal advice. The association's attorney should be consulted.
What Counts as Harassment
Rudeness or a single argument is usually not treated as harassment under the law. In Florida's stalking statute, section 784.048, "harass" is defined as a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. A course of conduct means a pattern, made up of a series of acts over a period of time. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
Conduct can also violate the community's governing documents without rising to that level. Many declarations contain a nuisance clause that prohibits activity that unreasonably disturbs other residents.
Steps a Resident Can Take First
Keep a record. A written log should be started as soon as a pattern appears. Each entry should include the date, the time, the place, what was said or done, and the names of any witnesses. Photographs, video, text messages, emails, and social media posts should be saved. The record is relied on at every later step.
Talk or write to the neighbor, when it is safe. If no threat has been made, a calm conversation or a short, polite letter is often the fastest fix. If the response is hostile, or there is any concern for safety, direct contact should be avoided.
A Written Complaint to the Association
A complaint should be sent in writing to the manager or the board, with dates and supporting records attached.
After a complaint is received, the following can be expected:
- The complaint is reviewed against the governing documents and rules
- If a violation appears to have occurred, a written notice is sent to the other owner or tenant
- If the conduct continues, a fine or a suspension of common area use rights may be proposed
Before a fine or suspension is imposed, at least 14 days' written notice and an opportunity for a hearing before a committee must be given under sections 720.305 and 718.303. The process takes time, and the details of action taken against another owner may not be shared.
The limits of the association's role should also be understood. Rules can be enforced by the association, but a personal dispute cannot be decided by it, and arrests and protective orders are outside its power. Its duties are greater when the harassment is tied to a protected class under fair housing law, a subject covered in our post on
when HOAs and COAs are liable for neighbor-to-neighbor harassment.
Mediation and Law Enforcement
Mediation is a structured meeting in which a neutral person helps both sides reach an agreement. It works best when the conflict grew out of an ordinary disagreement, such as noise, parking, or pets.
In homeowners associations, presuit mediation under section 720.311 applies to certain disputes between an association and a parcel owner, such as covenant enforcement disputes. A dispute strictly between two neighbors is generally mediated on a voluntary basis. Mediation is not recommended where threats or violence have occurred.
When there is a threat, law enforcement should be called. Threats of harm, stalking, property damage, and physical contact are matters for law enforcement, not for the board. In an emergency, 911 should be called. For conduct that is not an emergency, a report should be made to the local police or sheriff, and the report number should be kept.
Injunctions and Other Court Action
A civil cause of action for an injunction for protection against stalking was created by section 784.0485. A sworn petition is filed in circuit court by the person who is the victim, the specific facts must be stated in it, and an attorney is not required for either party. For purposes of the injunction, cyberstalking is included.
Separately, under section 720.305, an action to enforce the governing documents may be brought by a member of a homeowners association against another member or against a tenant, and the prevailing party is entitled to recover reasonable attorney fees and costs. An attorney should be consulted before any court filing is made.
What Boards Can Do Ahead of Time
- A clear complaint form and procedure should be published
- Nuisance and conduct rules should be reviewed with the association's attorney
- Complaints should be answered in writing and handled the same way for every resident
- Records of complaints, notices, and hearings should be kept
Related guidance can be found in our post on
handling trespassing situations in an HOA.
Help With Complaints and Enforcement
Complaint intake, violation notices, and hearing scheduling are handled for the communities managed by Condominium Associates. To discuss how resident complaints are handled in your community,
contact us.
