HARASSMENT IN ASSOCIATIONS–BOARD MUST ACT
It has been illegal for a condominium board to discriminate against a unit owner on the basis of race, color, religion, national origin, sex, familial status, and disability. What if a resident complains that other residents or even board members are the resident because of membership in one of these groups? In the past, a board could do nothing or just tell the resident to “work it out.” The resident had no protections.
Now, because of a federal regulation, Code of Fed. Reg. §100.7(a)(1)(iii), which became effective on October 14, 2016, a condominium board must act on discriminatory harassment complaints. The regulation requires a board to address a resident’s claims of discriminatory harassment and to take steps to eliminate it. It does not matter if the harassment is by other residents, individual board members, managers, or vendors.
The Association board is also limited in what it consider in evaluating the claim. In determining if harassment occurred, boards can evaluate the nature of the unwelcome conduct, the context in which the incidents occur, the severity, scope, frequency, duration, and location of the conduct, and the relationships of the people involved. The board can not require that a resident prove that the resident suffered any economic, physical or psychological harm.
Harassment can take many forms. It can occur at a board meeting or unit owner meeting when someone makes an inappropriate comment. Statements by neighbors to a tenant could be harassment. The board could harass a resident by imposing unfair fines. Even the creation of a hostile environment can be discriminatory harassment.
Once it receives a complaint, the board must act. If the board does not act or reacts inappropriately, the resident can file a complaint to HUD or in Connecticut, the Commission of Human Rights and Opportunities (“CHRO”)
The board must investigate the claim. Even if the board determines a complaint is unfounded, a claim of discrimination can still be filed with HUD or the CHRO. There is no cost for filing such a complaint. The person complaining can hire a lawyer or file the complaint on their own. The Association will probably hire a lawyer or have their insurance company hire a lawyer to defend the claim.
Residents should ask their boards to adopt anti-harassment rules that cover everyone in the condominium. Residents need to know that discriminatory harassment is illegal and the board will protect its residents.
Pat Ayars is a Glastonbury attorney who specializes in condo issues. She is a member of the Connecticut Condo Association Advisory Committee.
Pat,
I’ll give you a big Elaine Bennis ‘Get Out!’ and push you back for this one! Wow! I had no idea that a fed reg. covered condos in this regard! What an excellent tool. Wow, what else is in there? Thank you for the great work you do. Your friend and colleague,
Very troubling. What we have here is a case where someone can cry harassment and the condo has to take the approach that the alleged perpetrator of the “harassment” is guilty until proven innocent. Very troubling, indeed.
Good afternoon Pat, I am a resident of a condo in Florida- who can I contact for harassment towards myself as to the facts that our BOARD OF DIRECTORS do not respond to any of my emails, Posted a notice saying that a certain unit owner (me) sent the board a threatening letter (my letter stated there were two dogs in a named unit whose digs did not receive the Rabies Vaccination, and if not done, I would report it to Broward Are Center – – no threats!!!!!).
Any info will be helpful and thank you
Andreasandow@yahoo.com
Would you consider Board not responding to owner’s emails for ten months harassment?
Would you consider that the Board has refused and denies the providing of Association’s Official Records to owner’s that of harassment?
Would you consider the FACT that the Board has allowed two dogs into the association against rules, harassment as owners are not allowed to have more than one dog?
Would you consider that the Board chooses and selects certain residents to park in certain car spaces that is contrary to our Governing rules, that dictates ASSIGNED/RESERVED SPACES (as owners deed stipulates) – this is not observed- considered harassment?
I am a deed owner residing in my condo association for 20 years. I requested via certified mail to our management’s office to view Association’s Official Records of legal fees f on an Arbitration case, in which I was the Plaintiff. This request was denied to me as my being told these legal fees are “attorney-client privilege” . Is this correct?
How can Association’s LEGAL FEES be considered “attorney-client privilege”?
1- The fees can not talk – or repeat- or divulge information
2-.whom ever prepared the fees, the fees no longer can be considered privilege
3- The owner who requested the Association’s fees, is in fact , part of making up the Association- and the fees belong to the Assocbiation
4- The fees were discussed at an open condo meeting- no longer privileged
5-what can possibly be privileged over legal fees?
Ok, the Board looks into the harassment and finds it does exist. So now what kind of actions does the law say the condo is allowed to use? Where can I find this law so it can be quoted in the situation?
This is good news. I was told to move the BEEP (F) out by the President of the our condo association last SEPT as she screamed at me on her deck as I was getting in my car. She denies it, but yet said my name as she said it and said it was directed at another neighbor who was not even outside or could hear her rant. Unbelievable, but true, my property manger told me to “walk away” if it happens again. My question is what kind of proof do you need? Cell phone recorder cam? Thanks.
In Connecticut seniors are protected under Public Act 97-180 (Exploitation of the Elderly). This was incorporated into CGS, Section 53a-123, a criminal statute that is upheld by the State of Connecticut Department of Criminal Justice. Basically, any thing done under false pretences, “regardless of its nature or value” is a criminal act.
What about discrimination based upon sexualorientation?
Mr. Lewis – read the article by Atty Ayars regarding HARASSMENT IN ASSOCIATIONS–BOARD MUST ACT posted May 5, 2017n
Dear Attorney Ayers: To control liability concerns, can a Connecticut condo Board in a small 55+ community restrict Clubhouse use as follows: “The permanent members of a card playing group or an exercise group using the Clubhouse on a regular basis must be residents of the community only. Houseguests and visitors must be accompanied by the resident when using the Clubhouse. Guest speakers may invited with Board permission. The public may not be invited to these guest speaker presentations. Since the insurance carrier does not cover this use, no private parties are permitted.” Is this unfair? Illegal? Can we do better? Thanks for your suggestions.
Our Vice President turns people against each other. He informed me who owes money, who has personal issues, etc. It is so unprofessional and i do believe there is something in the bilaws about talking about other peoples finalcial scituations etc. This guy is no ones friend and needs to be voted out. He has had control of the books and announced at our last meeting that the last guy who had them ” made a mess of them” ..riiiigggghhhhtttt
I am the president of our condo association. A renter resident approached me at my unit yesterday. I currently don’t live in my unit, but I was there to continue packing to move out. She asked if I was the president of the “company” and said that her landlord unit owner told her to see me regarding her complaints. She stated that she is the victim of harassment in the building and that I need to do something about it. She said that she has been talking to a lawyer. I didn’t want to get into this conversation with her as I smelled alcohol on her breath, and I had only just met her. She wanted me to invite her in to talk and to close my door to my unit, she stated “I assure you your safe” this made me question whether I was or not, so I asked “how do I know that I’m safe”. this set her off.
What steps should the landlord/unit owner take on her behalf? Should the association ask her to make a written complaint?
I feel that we can’t ignore this as long as the association board, and especially myself, have been pointed at to take control of her problem
security cameras in condos,
Living in a condo brings challenges in the way of security. Many at our complex would like to install security cameras such as the very popular RING which replaces a doorbell. Is there a condo law that these cannot be installed??
only what is in your bylaws
Hello, as a former president of the board, I attended many Expos and conferences regarding condo law and administration. We have had a new president since 2014 who rarely has unit owner meetings, lies to the association during the few meetings and recently at an annual meeting sent out proxies and a blank form for voting. We were asked to place them in the condo box during the next 2 weeks. The president has the key and came to the meeting with the folded ballots. There were duplicate ballots and we felt they were tampered with. The association met and sent a letter to the board for a revote. they said no. Two of the newly elected members already resigned stating they cannot work with such corruption. We want to ask the president to resign and if that does not work can we seek counsel from the condo lawyer? The president has also been receiving a check for $200 monthly without the association knowing or voting on the matter. We are a volunteer board and cannot receive money. She (president) said she is changing light bulbs and sweeping. She feels entitled to collect this money. Our agency has been sending checks automatically for 4 years. Originally the board wrote a letter to the agency and agreed for the $200 amount for 8 months which would have ended in June of 2015. What do we do? Thank you so much.
Homeowners associations act as both landlords and mini-governments to their members, which means homeowners have rights that HOAs should both acknowledge and protect. This requires mutual respect from both parties: homeowners must respect the HOA’s authority while the association must respect a homeowner’s individual freedoms. Yet the challenge is overcoming the classic one-sidedperspective of seeing any conflict Some boards of directors, when they become frustrated by an individual owner, don’t want to allow the right to inspect the books. They don’t want to be bothered. On the other hand, many homeowners grow suspicious when their board withholds information, and may even pursue legal action. So, what’s right and what’s unfair? Is there any legal protection for homeowners?
Dear Patricia, I am a member of our condo board and our human resources committee (HRC). Our condo employs an operations management staff of 150 employees. Recently the HRC learned from our COO and HR Director that the President of our Condo Board engaged in conversations with them that interfered with the hiring of a key position that was part of a Board approved organizational realignment. He coerced them into downgrading the level of the position and change the reporting relationship from the COO to the director of grounds (his close friend). He also attempted to pressure them into hiring another friend of his that lives in our community for the position. This person was not qualified for the job. However, a highly qualified candidate had been interviewed and references for an offer were under way. Fortunately the COO decided to move forward with the more qualified candidate at the Board approved position level and reporting relationship. The HRC felt that it was important to bring this interference to the President’s attention and counsel him on better ways to communicate with staff that does not imply coercion so they met with him last Wednesday. He denied any wrong doing saying that since the decision was made to hire at the approved level his behavior did not affect the outcome and there was no reason for concern. He became angry and left the meeting. On Friday he emailed the Chair of the HRC telling her that the accusations were “inappropriate and showed disrespect for the position of the President”. For this reason he was removing her as Chair and from the HR committee. Under our Bylaws the President may appoint and remove any committee member. The HRC feels that his actions were harassment and clearly retaliation against the HRC Chair. Singling her out when the entire committee confronted him was an abuse of his power. Subsequently the HRC learned that a close friend of the President was badmouthing the HRC Chair to him and within the community. A couple of months ago two staff members filed a harassment complaint against this individual for screaming at them and threatening their jobs.
The HRC Chair and another member counseled this person on this and several other complaints that came to the committee’s attention. A member of the HRC was approached by this individual before the HRC meeting with the President who bragged that the HRC Chair was “going down”. It turns out that she was having private conversations with the President to remove the HRC Chair because her behavior had been called into question. What recourse do we have a Committee to hold each of them accountable?
Unfortunately your only recourse is to hire a lawyer or vote them out. George
To whom it may concern,
I do not know if someone from your firm can help/direct me to the right people in my mother’s and I horrific situation that we’ve been enduring with our neighbor above us and one behind us with harassment since April 2019.
Brief description of our case:
Since April 2019, my mother and I has been enduring ongoing harassments from these two men. They will lurk around our windows and while passing our windows (mainly the two bedroom windows), they will say obscene/offensive comments (racial/sexes). Some of the comments will be, “Red Skin Oven Guinea”, “Whore”, “Guinea Bitches”, and much more. My nationality is Italian, Israeli, Native American and Canadian.
The property management group says, they can’t do much due to CT State Law and limited within their jurisdiction and the police says, they can’t arrest either men, because it isn’t enough evidence, and my problem that I am recording them within my unit that the prosecutor will tell them, etc. I was able to record some of the things they will say, photos, and a logged, but apparently, it isn’t enough. Just the other day, the neighbor behind us was on the phone talking to someone standing near my bedroom window saying, “Take The Mother F***ers Out” and the week before when I was getting my mail, the same neighbor gave me the finger and mimicking throat cutting. I am afraid of calling the police, because they will give that disgusted look and say they can’t do anything and they’re being a nuisance, etc., and if they keep being called for the same issues, either men or I will be arrested, because (regardless I have recordings), they are making up lies and due to hearsay, all parties could potentially be arrested and that’s why I’m also, afraid to called the police.
I strongly believe everyone is waiting until my mother and I or someone else gets seriously hurt or even dead before action(s) could be taken. I do not know why, either men can’t be arrested with Breach of Peace under Chapter 952>53a-181 of CT General Statues if either men can’t be charge with criminal harassment.
I am hoping someone will be able to help us or direct us of what to do or where to go for help. I am fighting to make sure my mother and I and others who had dealt with these two men are safe and doesn’t have to live in fear due to their obnoxious behaviors and feel like prisoners in their own home.
Thank you for your time.
Hello
I am being female senior citizen being discriminated and harassed . I own a condo in MA. Where can I go to seek help. I feel intimidated and threatened and have no way to contain the continuous fines and interest on top of bogus fines. Money is short and I cannot afford this harassment Please advise ASAP.
I have no idea what the issues are based on your note.
There is a tenant who rents a condo in our association. She threatens other tenants with bodily harm and the police have been called to her unit on at least a dozen times. When the police arrive, she locks herself inside her unit and refuses to open the door. She had a restraining order filed by one tenant after she threatened to kill him. She was arrested a year ago for threatening to slash the throat of another tenant in the elevator and the felony case has had 7 postponements due to COVID. She chased another tenant down the hall screaming that she would slash her face. Everyone is afraid of her, Is there any recourse? As an aside, she has been out of jail on probation for murder. . Does the Board have an obligation to keep its other tenants safe?
Are you kidding??? And no one has gotten a restraining order or had her evicted?