By Damien M. Bielli, VF Law 

Home ownership is the pinnacle of the American Dream. Many work long and hard to achieve the goal of owning a place they call home. A home is also typically one of the largest investments a family makes. The gravity of home ownership brings a very personal and emotional experience. It can also lead to disagreements and inappropriate behavior directed towards neighbors, Board Members, Managers, or Members of a Homeowners Association. 

HOAs face unique challenges when interacting with members. While HOAs provide a critical and necessary function to members, not all owners are receptive to the association’s responsibilities under the governing documents. Debate and disagreement are healthy attributes of the HOA system. Processes and procedures are in place to help create checks and balances between the members and the HOA's Board of Directors. However, sometimes a disagreement is taken so far as to constitute “bullying.”

Merriam-Webster defines “bullying” as the abuse and mistreatment of someone vulnerable by someone stronger or more powerful. 

 “Cyberbullying” is the electronic posting of mean-spirited messages about a person, often done anonymously. 

Modern technology allows individuals to communicate vulgar and offensive material electronically to an individual, a group of individuals, or the general public while often remaining anonymous. Since the person writing these disparaging remarks may not be personally engaged with the target of the insults, the disparaging person can lack a sense of sympathy or compassion for the damage their words are inflicting.

Far too often, “keyboard warriors” are lobbing insults and cruel remarks towards individuals they have never met. Often, those posting the remarks may feel aggrieved over their lack of control of a situation. This is often true in the context of HOAs and the role the association has with its members, including enforcement, collection of assessments, and adoption of rules and regulations. 

To combat this behavior, HOAs can take several actions. Preemptive actions by an HOA can reduce this type of behavior before it ever begins. First, the HOA can ensure that every member is aware of the role of the Association, the rules and regulations, and expected behavior and communication protocols. The Association should consider adopting a Civility Pledge. The Community Association Institute (also known as CAI) has made a Civility Pledge publicly available, which can be adopted by an HOA. A Civility Pledge is “A commitment to fostering a climate of open discussion and debate, mutual respect, and tolerance between all who live in, work in, and visit our community”. 

The HOA can also adopt a resolution identifying additional, more specific behaviors that are deemed unacceptable within the Community. 

These, together with the adoption of reasonable and fair rules and regulations and conduct at meetings policies, should be circulated to the membership on occasion as a reminder to members of the behavioral expectations of living in a community. Members must feel that they have a voice within the community and in the association. Providing procedures that allow members to use their voice responsibly is a way to preempt someone who believes they have no alternative but to be a bully. Open and transparent communications from the HOA’s Board of Directors, managers, and members alike also fosters a sense of trust and confidence, which will help dispel any false claims or rumors that could lead to upset owners, a distrust of the Board of Directors, and a diminishing of the fair market value of the homes in the community.

Unfortunately, sometimes cyberbullying cannot be prevented. When an HOA Board receives or is the subject of a mean-spirited or derogatory message, the Board must seek advice from trusted partners on the level of an appropriate response, if any. Sometimes, the actions by owners do not require a response, which could escalate and worsen the situation. Sometimes not responding can quell the fire and the negativity could disappear on its own. However, that may not be the case in many of these situations. A forceful but appropriate response may be necessary to curb inappropriate behavior. This response should initially be respectful and reasonable, defining the behavior that is unacceptable and attempting to ascertain the source of the owner’s frustration. Many times, the member just wants to be heard or feel that the Board is listening and understanding his concerns. Providing the owner an opportunity to voice their concerns can relieve some of the tension. In fact, it could help turn the person into an ally for the Board, especially if a Board member takes the time to speak with and help educate the person in a positive manner.

While the Board may be frustrated, hurt, or angry over being the subject of cyberbullying, it is important that the Board members not only understand the public nature of their role for the HOA but also remain calm and clear-headed when addressing these issues. They must focus on de-escalating the situation rather than possibly fueling the fire by following the often-instinctive response of firing back an equally insulting reply.  

If the behavior goes too far, seek legal counsel. There are many other available options which can help prevent, limit, or stop this type of behavior. Once legal counsel is involved, they can direct the Board to the most appropriate action for the situation. Lastly, it is important that any communication that is perceived as a threat of physical harm be reported to the police immediately. 

Damien M. Bielli is a Partner at VF Law. He may be reached at damien.bielli@vf-law.com.