Nuisance violations are the most mostly because of the broad range of behaviors that impact others. More times have to be ongoing.
Behaviors that negatively impact others should never be tolerated in an association. Although some owners plead ignorance, accepting a deed in an association binds an owner to accept the responsibility of obeying the rules set forth in the governing documents. The best defense against nuisance behavior is to make sure rules are in place and owners know what they are. Not knowing the rules doesn’t alleviate responsibility. Providing the rules and enforcing them is the best way to set the tone. Boards should be diligently examining the community and its issues and should evaluate what they have in place to combat it. The board should be familiar with every association rule and should always be ready to enforce them. On that note, it goes without saying that board members should lead by example. The community looks up to them and if they don’t follow the rules, why should anyone else?
So, what can be done about disruptive owners? When rules are in place, it’s faster and much easier to solve problems when something goes wrong. Enforcing rules is the board’s fiduciary responsibility and paves the way to a peaceful living environment. One would think common sense should prevail, but when it doesn’t, the association may need to step up to maintain peace and harmony within the community. Depending on the severity of an infraction, sometimes a nudge from the association is enough to calm a situation. Let’s face it, no matter what attempts are made to make sure everyone knows the rules, there are many owners who are not aware of them, so a letter reminding them of the rules could be enough for them to realize they need to change what they’re doing. Second violations of the rules usually result in a fine, so this method could also potentially put an end to the behavior. In other cases, a lawyer may have to get involved. Utilizing an association lawyer can result in the swiftest resolution to a repeat offender’s behavior. Cease and desist letters can be very powerful when attempting to get people to stop breaking rules or to stop certain
disruptive behaviors. Other situations, like illegal drug use on the premises or threatening others, may require the immediate attention of law enforcement. It’s very important to encourage all owners to call the police if they feel unsafe due to the behavior of someone else. It’s not a bad idea to write it in the rules to call 911 if personal safety feels threatened.
Nuisance rules not only apply to activity in the community but can also include board meeting attendance. When owners feel the need to make their point and disrupt a board meeting, be sure this behavior is not tolerated. Once one owner gets a hold of the floor without invitation, it could result in a snowball effect, setting the tone for others to jump in. Open forum could potentially turn into a boxing match, so it’s important for the board to have total control of a board meeting. Owners are not allowed to disrupt a board meeting and there should always be rules in place to address it, should it happen. If open forum is allowed, a time limit should be placed on the comments. Open forum is for an owner to say something, not to engage in a back-and-forth argument with the board or management. All comments should be heard, but the board is not obligated to answer questions at that time. The best way to handle it is to tell the owner their comments will be taken into consideration, and someone will get back to them regarding their concern. Answering questions and engaging in conversation with a disruptive owner will most likely open the floor up to an argument and will give others the opportunity to get unruly. If board meetings start becoming disorderly, the meeting should be adjourned. If it is common to have owners disrupt meetings, invite a Community Service Officer to the next meeting and discuss with the membership that disruptive behavior is not going to be tolerated. Be sure your rules include a section on behavior in meetings. This is often forgotten when drafting rules, but the disruption is sometimes the most severe of all nuisance infractions. If rules are in place, there can be repercussions when an owner gets out of hand at a meeting. This could be the first step in getting it to stop.
There will always be people who don’t follow the rules and disturb others. In almost every case, such disruptions are most likely breaking some rule of the association. When it comes to people who think they don’t have to follow rules, solving the problems they cause isn’t always easy. Being proactive is key, however, having steps in place and making sure rules are in place and enforced could be the best way to give peace and harmony back to the community.
www.cai-illinois.org • 847.301.7505 | 9
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