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Fines & violations

What should an HOA board do when an owner harasses its vendors or contractors?

By OurHOA · General information · Revised

What an HOA board should do when an owner harasses its landscapers or contractors: get the crew's report, send a boundary letter, enforce, and keep the vendor.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Treat it as two jobs at once. The first is keeping the people who work for the association safe and willing to come back. The second is enforcing the governing documents against the owner, using the notice steps your state requires. In practice that means getting a written account from the vendor the same day, naming one director as the only person who deals with the owner, sending the owner a short letter that says where complaints go and what conduct has to stop, and calling the police if anyone was threatened or touched. Do not send a director out to argue with the owner in the street, and do not let the incident sit because the owner is loud and the crew is too polite to complain twice. Most crews do not complain twice. They raise the price at renewal or stop bidding. Rules vary by state and by your declaration, so read this as a working outline, not legal advice.

Why this is not a neighbor spat

When an owner screams at a mower operator, follows a painter around the building, blocks a truck in the drive, or tells the crew to redo a bed to their taste, the person on the receiving end is an employee doing a job the association hired. OSHA describes workplace violence as any act or threat of physical violence, harassment, intimidation or other threatening behavior, and it lists people who work alone or in small groups among the workers at higher risk. A two-person landscape crew on a cul-de-sac fits that description. OSHA also recommends that employers adopt zero-tolerance policies that reach contractors and visitors. Your vendor's owner has to think about that. You should too, because a board that shrugs gets a vendor who quietly skips the section of the property where that owner lives. Hold on to one more point: the owner's complaint may be fair even when the delivery is not. A sprinkler head that floods their patio or a mower that throws a rock at their window is a real problem. Separate the complaint from the conduct and deal with both.

Get the vendor's account in writing

Call the vendor's owner or account manager, not the crew lead, and ask for a written incident report within a day or two. A short email is fine. Ask for the date, time and location, the names of the workers involved, what the owner said as close to word for word as they can manage, whether anyone was touched, blocked or followed, whether work stopped, and any photos or video. Ask whether this has happened before with the same person. Then hear from the owner, through the designated director, before deciding anything. A request you can copy: 'Thank you for telling us about the incident at Building C on Tuesday. Please send a short written account to the board email by Friday, including what was said, who was present, whether work was interrupted, and any photos. The board takes this seriously and will follow up with the owner directly. Your crew should not respond to that owner about the work; please have them refer the owner to the board.' Save every report in one file. Patterns matter more than any single morning.

Send the owner a boundary letter

For a first incident without threats, a letter usually does more than a fine. Keep it short, factual and free of adjectives. Name the date and what was reported, explain that the association's contractors take direction only from the board, give the one place complaints go, and say what has to stop. Sample paragraph: 'On October 7, the association's landscaping contractor reported that a resident of your unit stopped its crew, raised their voice, and directed them to change the mowing pattern near your patio. The association's vendors work under the board's direction and cannot change their scope of work at an owner's request. Please send any concern about their work to [email protected], and the board will respond within seven days. Please do not approach or direct the crews. Further interference may lead to enforcement under Article 9, Section 4 of the declaration.' Send it to the owner of record even if a tenant or guest did it. In Florida, section 720.305(1) says tenants, guests and invitees must comply with the governing documents and the association's rules, and most declarations make the owner answer for the people living in or visiting the home.

When it becomes an enforcement matter

If the conduct repeats, or the first incident involved a threat, look for the hook in your documents: a nuisance or offensive activity clause, a rule against interfering with association maintenance, the association's right of entry for repairs, or conduct rules for common areas. Then follow your state's notice steps before any fine. In Texas, Property Code section 209.006 requires written notice by certified mail before a fine, a common-area suspension, or a charge for property damage. The notice describes the violation, states any amount due, and tells the owner they may request a hearing within 30 days. Section 209.006(h) lists an act that threatens health or safety as an example of an uncurable violation, so the notice does not need a cure date for that conduct. In Florida, section 720.305(2) caps fines at $100 per violation and $1,000 in total for a continuing violation unless the governing documents say otherwise, and it requires 14 days' written notice and a hearing before a committee of at least three owners who are not directors, officers or employees. In Colorado, section 38-33.3-209.5(1.7), added in 2022 by HB22-1137, allows a 72-hour cure notice only for a violation the association reasonably decides threatens public health or safety. Anything else gets 30 days to cure, a $500 cap on total fines, and two 30-day cure periods before the association can sue. Shouting at a crew is rarely a public safety threat. A raised fist might be. Ask the association's attorney which track you are on before the notice goes out.

When to call the police or a lawyer instead

Threats of violence, shoving, blocking a vehicle so the crew cannot leave, or showing a weapon are police matters. Tell the vendor to call 911 first and the board second, and say so in writing so the crew knows the board will back them. The workers may also have their own options, such as a protective order, which is their decision with their own advice. The board's role is to share its records if asked and stay out of the way. If the owner keeps at it after a letter and a fine, a letter from the association's attorney asking the owner to stop contacting the vendor often works where board emails did not. Court is the last step. Texas section 209.007(d) says the notice and hearing rules in 209.006 and 209.007 do not apply when the association files suit for a temporary restraining order or temporary injunction, which matters when the conduct is ongoing and dangerous. That is an attorney's call, and the board should vote on it in a properly noticed meeting or executive session as your state allows.

Keep the vendor and fix the contract

After the incident, the director who manages the contract should call the vendor's owner, thank them for reporting it, and ask what would make the crew comfortable. Common answers are scheduling that area when the owner is usually at work, sending two workers instead of one, or having the crew leave and call the board if the owner approaches. Write down what you agree to. At the next renewal, add three things to the contract: a named board contact who is the only person allowed to give the vendor direction, a requirement that the vendor report resident interference to that contact within one business day, and a clause saying the crew may stop work and leave if they feel unsafe, without penalty. If the vendor bills for lost time, pay it if the contract allows and decide separately whether you can pass the cost to the owner. In Texas that charge needs the same certified-mail notice as a fine, and in every state it needs a basis in the declaration.

Mistakes that make this worse

The most common one is a director who lives next door and goes over to settle it in person. That turns an enforcement matter into a personal feud and makes that director a witness. Next is posting about it in the community social media group, which invites a defamation or privacy fight and tips off the owner before the letter arrives. Boards also fine before giving the notice their statute requires, which hands the owner an easy win at the hearing. Some ignore the underlying complaint because the owner was rude, then find out months later that the irrigation really was flooding the unit. And some go easy on an owner who is a friend or a former director, which other owners notice the next time the board enforces anything. Our guide on handling a hostile or abusive homeowner covers the board's own dealings with that owner, and our owner-side guide on what counts as HOA harassment explains where the legal line sits.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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