Violence Against HOA Board Members

Recent shootings of HOA board members in the United States and Canada are tragedies in themselves, but also act as further disincentive for homeowners to volunteer for board service.

On December 19, 2022, a homeowner in Vaughn, Ontario, just outside Toronto, shot and killed six neighbors, including three condominium association board members. The homeowner had been involved in protracted litigation with the association for years. In 2019, the association obtained a court order banning the owner from communicating with the condo board or employees. The nature of the dispute was not reported in the press.

On December 3, 2022, a homeowner in Stuart, Florida, shot and killed his HOA’s president and her husband over a dispute involving association rules. The homeowner allegedly was upset that the president had yelled at the owner’s wife for leaving the community laundry door open.

On January 14, 2023, in the Orlando suburb of Longwood, Florida, a condominium owner set fire to his unit and then shot himself “in an act of revenge against the HOA in charge of his property.”

Clearly, these events are disturbing and tragic. Mental illness likely played a significant role. Whatever reasons for these heinous acts, they were widely reported in the media and regrettably add to the public perception that serving as a volunteer on a condo or HOA board is thankless, perilous, and fraught with risk.

“Concerns for the health and safety of residents is exponentially increased where there are mental health issues or substance abuse involved,” said attorney Carolina Sznajderman Sheir, a partner at Eisinger Law in Hollywood, FL. “For many associations dealing with these problems, the threat becomes greater when a person’s mental health condition and/or substance abuse condition deteriorates. As these matters go unchecked and escalate, they affect all residents and can interrupt association operations.”

In past blog posts I have identified an issue or problem and provided suggested bullet points to counter or overcome the dilemma. Candidly, on this issue, I am almost at a loss. How can society, including individual communities, counter a mentally unstable person with a firearm or otherwise intent on doing harm to their neighbors?

I do not have the answer and do not wish to make this post a pollical piece on gun control (though I am in favor of increased regulation of assault weapons and military-style ammunition in the US). After 18 years practicing law in the HOA arena (I recently retired from law to pursue consulting), here is the best I can come up with to address the potential harm or violence posed by an HOA member:

·       Obtain legal advice as soon as a potential threat is identified.

·       Work with the attorney to identify potential legal action (e.g., anti-harassment or restraining orders, other injunctive relief, civil litigation).

·       Injunctive relief by courts ordinarily requires a high burden of proof. Work closely with legal counsel to properly chronicle and detail every incidence of a threat or violation of the Association’s CC&Rs or rules.

·       Seek out and work with the community relations police officer assigned to your neighborhood or community. 911 calls reporting actual or imminent harm do not cover the more subtle threats exhibited by a potentially violent homeowner. Often times, the community relations police officer can assist with formulating a more strategic plan to address the problematic homeowner. Do not allow the police to push aside the threat as a “civil matter outside their jurisdiction.”

·       Keep lines of communication open. Often, the homeowner feels excluded and walled off, adding fuel to the fire. If the homeowner is completely unstable and acting irrational, direct communication may be impractical (such as the Vaughn condo association which had obtained a gag order against the homeowner).

·       If possible, identify family members who may be able to assist in bridging the gap between the board and homeowner, adding a rational actor or actors to the equation.

·       If family members are unable or unwilling to help, try to identify another “trusted ally” of the homeowner for the board to communicate and work with. This ally may be a friend or neighbor of the homeowner.

At the end of the day, if the homeowner is suffering from uncontrolled mental illness, none of the foregoing steps may work. At that point, the board may wish to consider the risks and rewards of continuing its course of action.

As stated above, I do not have a magic formula to solve a physical threat against HOA board members. I do know that condo and homeowner associations cannot function without volunteer directors. For years, homeowners have continued to step up and serve even though they knew it to be a thankless, tough job. If they now fear being killed for their volunteer service, they may stop volunteering altogether.