When HOA harassment happens, homeowners often leap to a lawsuit. Yet, harassment may not always be actual harassment. Sometimes, owners misconstrue the board’s actions and take rule enforcement for bullying. While owners should take a second look at the situation, board members should try to avoid even the appearance of harassment.
What is HOA Harassment?
Homeowners association harassment refers to persistent abuse or targeted mistreatment that creates a hostile living environment. While it can go both ways — a board member harassing a homeowner or vice versa — it is often the former that results in legal action.
Still, not every unpleasant interaction with the HOA amounts to harassment. In fact, it usually turns out to be simple rule enforcement that owners mistake for harassment.
The Difference Between HOA Harassment and Rule Enforcement
To easily separate harassment from rule enforcement, it is important to understand the following key areas.
1. Routine Inspections vs Stalking
Some homeowners believe that their board is constantly watching them, even bordering on stalking, because their violations are quickly identified. In reality, boards and managers often perform regular inspections throughout the community. This is why they see violations as soon as or soon after they happen.
When it may be harassment: Boards cross the line when they repeatedly inspect a single owner’s property without a valid reason while ignoring others.
2. Written Notice vs Incessant Communication
A homeowner might receive multiple violation notices over a short period. This can feel like the board is harassing them. Yet, frequent notices alone don’t necessarily amount to harassment, especially if the owner has many unresolved violations, the notices accurately describe the violations, and the board applies the rules equally to everyone.
When it may be harassment: It may constitute harassment if only one owner receives repeated notices while others with similar violations receive only one.
3. Objective vs Intimidating
Notices typically employ a professional and objective tone. They cite the specific rule or provision the owner violated, and may even establish a firm deadline for correcting the violation. Some owners mistake this as intimidation.
When it may be harassment: Harassment may come in if communications adopt a hostile or threatening tone.
4. Professional vs Personal
Violation letters can sometimes sound stern or detached, depending on who is reading them. An owner may perceive this as hostility even when the letter is simply following a standard template.
When it may be harassment: Boards may cross into harassment if their communications contain insults, threats, or personal attacks. Actions must never be motivated by personal animosity or discrimination.
5. Equal vs Targeted Treatment
Associations must apply the rules to everyone fairly and consistently. If the board enforces a rule against some but not others, usually because they are friends or family, then it’s selective enforcement.
When it may be harassment: If the board singles out a homeowner for a violation, even calling attention to them at meetings or social gatherings, that generally constitutes harassment.
6. Fair vs Disproportionate Penalties
Fines and penalties must directly correlate with the severity of the violation. Furthermore, the HOA must have a clearly defined escalation process, beginning with a warning. If the board jumps straight to fining an owner without notice and an opportunity to be heard, it’s unlawful.
Additionally, some fine schedules can result in repeat fines. An HOA may fine an owner repeatedly if the violation remains uncorrected or ongoing. This is generally allowed, provided the HOA:
- Has the authority to do so under state laws and the governing documents,
- Follows notice and hearing requirements, and
- Applies the same standards to all owners.
When it may be harassment: It may be harassment if the punishments are disproportionate to the violation. For example, an HOA might fine an owner $500 or $100 a day for a minor landscaping issue, such as forgetting to mow the lawn.
7. Enforcement vs Retaliation
Sometimes, homeowners get into a dispute with the HOA. If enforcement comes immediately after, they might label it as revenge.
In reality, the timing alone doesn’t prove that the board is harassing the owner. If there was an actual violation and the board applied the same rule against everyone else, then it is simple rule enforcement.
When it may be harassment: Boards that retaliate against an owner by making up a violation after a dispute can be considered harassment. It is important to have evidence of retaliatory intent.
How to Prevent (the Appearance of) Harassing Homeowners
Board members must strive to enforce the rules consistently and avoid breaking HOA harassment law. Even the mere appearance of harassment can result in a years-long legal battle.
To prevent harassment or any semblance of it, the board must apply the rules fairly and equally throughout the community. It is imperative to establish and follow a written enforcement policy, plus comply with state enforcement laws.
For instance, in Illinois, associations must provide notice and an opportunity to be heard before issuing any penalties for violations. This is according to 765 ILCS 160/1-30 (for HOAs) and 765 ILCS 605/18.4 (for condos).
Additionally, proper documentation is everything. The board should keep records of all inspections, notices, correspondence, and incidents. These will come in handy in case of an HOA harassment lawsuit.
Beyond that, the HOA or condo board should exercise care when communicating with owners. Tone and language matter, so it is best to maintain professionalism and focus on the facts.
Can I Sue My HOA for Harassment?
Homeowners can sue their HOA for harassment. This will require hiring an HOA harassment lawyer and gathering supporting evidence and witness statements to prove the claim. Of course, a win isn’t guaranteed. For the HOA board, certain protections apply, including the Business Judgment Rule and D&O Insurance.
What Can I Do If My HOA is Harassing Me?
Suing HOA for harassment is the knee-jerk reaction of many homeowners, but it is not always the right answer. In fact, it should come as a last resort.
Lawsuits cost time and money, not only for the HOA, but also for the owner. It’s not just their own lawyer whom they must pay. Owners also indirectly pay for the association’s legal expenses through dues and assessments. If legal costs go up, association fees are likely to follow.
Before jumping to litigation, homeowners should consider other alternatives. First, they must review state laws and the governing documents to confirm if harassment is indeed taking place. Again, it could just be a case of standard rule enforcement.
Next, homeowners should approach and speak directly to the board. Sometimes, a simple conversation or explanation can clear things up. Owners can also follow the enforcement process by attending the disciplinary hearing to find out what really happened.
If that doesn’t work, alternative dispute resolution is an option. Mediation or arbitration are both less time-consuming and more affordable than a lawsuit.
Finally, owners have the power to recall the board. Sometimes, removing a problem board member will fix the situation.
A Common Yet Avoidable Mistake
It is easy to misinterpret a board’s actions and label it as HOA harassment. To avoid this, board members must understand that even the slightest appearance of bullying or retaliation can trigger a lawsuit. On their part, homeowners must learn to differentiate between harassment and simple rule enforcement.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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