HOA Lawyer Blog
Homeowners associations are more frequently faced with difficult situations involving resident conduct that may threaten the safety and well-being of community leaders, staff, and residents. Fortunately, California law provides HOAs with several legal tools to address threatening, intimidating, or harassing behavior through the use of restraining orders.
One of the primary remedies available to associations is a Workplace Violence Restraining Order (“WVRO”). Under California law (CCP § 527.8), homeowners associations may qualify as employers for purposes of seeking protection on behalf of employees, managers, directors or other individuals impacted by threatening conduct. Recent changes to the law also expanded the definition of actionable conduct to include serious harassment that causes substantial emotional distress. Courts may issue restraining orders when there is sufficient evidence demonstrating unlawful violence, credible threats of violence, or ongoing harassment likely to continue in the future.
The legal standard for obtaining a restraining order is intentionally high. Courts generally require “clear and convincing evidence,” meaning allegations must be supported by substantial proof rather than conflicting personal accounts alone. Helpful evidence can include witness testimony, written declarations, emails, text messages, photographs, videos, or other documentation showing a pattern of threatening or harassing behavior. Courts will evaluate whether the conduct caused significant emotional distress and whether future harmful conduct appears likely to occur.
If a court grants a restraining order, it may impose a variety of protections tailored to the situation. These can include “stay away” orders, restrictions on direct contact, and limitations on the frequency or method of communications. Those subject to a restraining order are also required to surrender firearms and are prohibited from having guns and/or ammunition. However, courts must also consider the legal rights of homeowners and residents. In the HOA setting, this often means that a member cannot be entirely prohibited from attending meetings or participating in association activities where legal participation rights exist. Violations of restraining orders, however, can result in criminal penalties including arrest, fines, and additional court action.
The process of obtaining a restraining order is time sensitive, permitting parties to obtain a restraining order quickly. Court must schedule hearings within three weeks of the initial filing, and parties may need to quickly gather evidence, prepare witness testimony, and comply with procedural rules governing the exchange of evidence. These legal remedies provide HOAs with important mechanisms to address serious misconduct while emphasizing the need for strong evidence, careful preparation, and thoughtful legal strategy.
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Because restraining order matters are highly fact-specific and time-sensitive, associations should consult with their HOA attorney as early as possible when threatening, intimidating, or harassing conduct arises. Legal counsel can help evaluate the available evidence, ensure procedural requirements are met, and develop a strategy that protects the community while respecting the legal rights of all involved. |
The U.S. Department of Housing and Urban Development (“HUD”) recently adopted regulations for evaluating claims of harassment in housing and housing related transactions because of race, color, religion, sex, national origin, disability, or familial status under Title VIII of the Civil Rights Act of 1968 (“Fair Housing Act”). The new regulations, which will directly impact Homeowners Associations (“HOAs”), are set to take effect October 14, 2016.