I’m being bullied by HOA board member – what I found on my car makes me scared to report her but alternative is final

AN HOA renter who has accused a board member of bullying is worried about retaliation if they file a complaint.

The baffled resident has sought advice from a real estate expert in Nevada after nearly losing their car amid the HOA battle.

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The renter wrote anonymously about her HOA woes – but legal advice is expensive, say real estate expertsCredit: Getty

The unnamed person wrote to property manager and author Barbara Holland, who writes an advice column for the Las Vegas Review-Journal.

Holland informed the resident that ending their lease was likely to be the only likely – and thus final alternative.

The renter claimed they were “experiencing harassment from an individual on the HOA board” whose “car is parked facing my unit.”

The HOA resident identifies neither the board nor where they live in the state.

But they alleged that the person had a close relationship with their landlord.

“I would like to file a complaint, but I am not sure.

“I am nervous to file a complaint or to report this individual for bullying/harassment because of how embedded their relationship is with my landlord, and their role on the HOA board,” the resident added.

The renter also claimed that after sharing “a comment she made about me recently with my property manager,” she “was met with a tow sticker on my vehicle afterwards.”

“Do you think it would be worth it to report this behavior or individual?

“Will I be protected from any retaliation that may result from filing this complaint… like being asked to move, or being targeted and fined for additional things,” they asked.

LAWSUIT

However, there was little that Holland could do to help the confused HOA resident.

“Unfortunately, this is a personal decision you will need to make as no one can guarantee that the harassment will stop.

“You could speak with an attorney or one of the investigators at the Nevada Real Estate Division to determine your options, other than moving out when your lease expires,” she said in a two-sentence response.

NEED PROOF

There are nearly 3,000 homeowners associations in Nevada.

The division is meant to protect the public and real estate sectors by regulating real estate professionals through licensure, registration, education, and enforcement.

It recommends complainants take a series of actions before involving officials:

  • Providing documented proof of attempts to fix the issue
  • Giving names, addresses, and telephone numbers of any witnesses
  • Including a complete and detailed sworn statement of the complaint.

More help is provided in a blog by Real Manage, an HOA management firm based in Austin, Texas.

Its experts warned today that when it comes to dealing with “HOA bullies, pursuing legal action is expensive in terms of both time and money.”

“By strategically addressing your HOA bully, you can take the necessary steps to improve the situation,” it advised.

“All it takes for disruption and sometimes, total chaos, is one board member who exhibits bullying behavior toward others.

“The ultimate goal of an adult bully in a community association is often to gain power over another person or group,” it added.

What is an HOA?

One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?

  • An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
  • Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
  • They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
  • Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
  • They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
  • Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
  • An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
  • Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
  • HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
  • But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.

Real Manage advised those tackling bullying behavior to initially “talk with the bully” even though you “may dread doing so.”

Second, study up on your rights.

You can do this by checking out the relevant state law and the association’s governing documents.

Third, you can help develop a code of ethics and present it to the board for everyone to sign.

“If the bully refuses to comply and sign the code of ethics, they may voluntarily resign.

“A comprehensive code of ethics gives the board a standing document to refer to if and when future behavior issues arise.

“By strategically addressing your HOA bully, you can take the necessary steps to improve the situation,” said Real Manage.

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