Question: We have several individuals who complain about board decisions and rudely intrude into director homes at all hours of the night to "discuss" their views. Do you have any suggestions on how to protect the board members from being punching bags?
Answer: To protect director privacy, the policy should be that all comments and complaints need to be in writing and written by the communicator. Neither the board members nor the manager should accept phone calls or verbal instructions to "tell so and so, etc." Advise the member to write it down and drop it in the suggestion box, mail it to the HOA's address or email it to HOA's email address.
When put in writing, the board and manager can effectively deal with it either sooner, if it is urgent, or later at the next board meeting, if it requires discussion. If the HOA has a committee system (Landscaping, Rules, Social, etc.), those communications can be directed to the appropriate committee for further action.
Once the written requirement is invoked, make sure to respond to all communications in a timely way. This system will create problems if written requests, complaints or communications disappear down a "dark tunnel" never to be seen again.
Having a written requirement will drastically reduce the number of communications, since writing is more difficult than speaking. Once members are informed of the process, the board members need to respectfully but firmly refuse to receive phone calls or personal visits. In time, the members will understand the need for the written process and potential board candidates will be encouraged to run when they know their privacy is protected.
Question: We have a resident owner that is paranoid schizophrenic. He vandalizes the common areas, steals property and verbally assaults the residents. All in all, he poses a significant danger. We have filed police reports and obtained a court order requiring a mental evaluation. The doctor keeps sending him home. We are in the process of amending our governing documents to deal with this kind of situation and we're back in court to obtain an order to move him off the property. We're at wits end.
Answer: These kinds of situations are extremely frustrating, but it sounds like your attorney is handling it properly. Dealing with mentally unstable people is never easy and courts are reluctant to pass judgment without professional input. Has the board sought out and contacted relatives that might intervene without the need for court action? If there are relatives that can simply take care of what needs to be taken care of (like making alternate assisted living arrangements), much time and expense can be saved.
It is useless to amend the bylaws for situations like this. Some issues simply need to be dealt with on their own merits as difficult as that process might be. Mentally unstable people don't play by the rules.
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